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85-1615 YYHITE � CITY CLERK PINK - FINANC�E G I TY OF SA I NT PA IT L Council �]►y� � CANqRV - DEPARTMENT Flle NO. V`� /r� BI.UE - tJ1AVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date -2- Rein dba Seventh Place Residence; and United Properties , a division of the Northl.and Company, a copy of which is attached hereto; and, be it FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (without any attachments) in the Office of the County Recorder, Ramsey County. COUNC[LMEN Requested by Depactment of: Yeas Nays Drew � nnasanZ [n Favor Nicosia Scheibel �� Against gY Tedesco W ilson DEC 5 - 1985 Form Approved by City Attorney Adopted by Council: Date Certified sed by Council Secretary . BY By �� t#pproved b iNavor: Dat 1 � - � -- � �DEC 6 — 9��pproved by Mayor for Submission to Council .1. By By PtIBIISHED D t C 141985 � , - C";' �� L'7 � C�� C�ff S'rATE OF MINNFSOTA ) County of Ramsey ) ss. CZ'��' OF SAInT PAt�I. ) .-' 1 , . . , . . , Albert B. Olson . . . . . . . . . . . . . . . . .City Cierk of the � � Cifiy of Saint Paul, Minnesota, 3o hareb� certify that I have �"= co:npared the attached copy of Council File �TO. 85-1615. . . , . .. , _ . . . � �� December 5, 85 as adopt.ed Ly tne City Gouncil. . . . . . . . . . . . . . . . . . . . . . . . . . . 19. . .. . . � anci z.pproved by thE �iayor. . . . . . . . . . . December. 6'. . . . . . . . . . 19$5. . . . �, � with the original rhereof on file in my ofiice. I further certify that sai� c�py is a true and correc� cogy of said original and the whole thereof. GJITi�ESS my hand ard �he seal of the City of Saint Paul, 24th December 85 Minnesota this . . . . . . . . . . . . . . day of. . . . . . . . . . . . . . . . . . .A.D. 19. . . . . . . . . . . . . . .�7: . . .� . . . . . . . . . . . . .. City Clerk. � f �� - + + ��: �, . . ."��-.. Yt'. . \ + :. l. �� F�' � . .. '.; . . �f i : l� �kp,;`e :.`' '` . . . � �.a`",l`- -- -� - i�_, . '��A,.�� . . . '' / 76.�0 $ I �. � ! -- :� ,,, ;.. P�NK` - FINANCERn V COUIICII �� //��'�� :.ANARV'- DEPARTMENT " " GIT Y�� OF SAINT PALTL 3l_UE - MAYOfi /�[� �it;� A.ti:ny/PBB � File N0. Counci ti f'resented By Referred To ommittee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul., that the City Clerk is directed to accept and keep on file that certain Assessment Agreement for Seventh Place Improvements, dated June 16, 1983, between and among the City of Saint Paul; � the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota; United Properties , a division of Northland Company; � Joseph Geller :and the Estate of Jack N. Geller; Clayton G. Rein � dba Seventh Place Residence; the Port Authority of the City of �1 S�.int Paul; and Wabasha �ourt Associates ; U7hich Agreement has � previously been recorded as Document No, 2189202, a copy of which is attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul : � , f�: Lots 4, 5, 6, 7 , 8 and 9, Block 7 , City of Saint Paul (St. Paul Proper) ; and ;. Lots 9, 10, 11, 12 , 13 and 14, Block 11, Bazil & Guerin' s Addition to Saint Paul; and - - ihe Northerly 2/3 of Lots 1, 2 and 3 , Block -- -- �" 7 , City of Saint Paul (St. Paul Proper) ; and f The Southerly 1/3 of Lots 1, 2 and 3, and a.11 of Lots 10, 11 and 12 , Block 7 , City of Saint Paul (St. Paul Proper) ; and, be it FURTHER RESOLVED, that the City Clerk is also authorized and directed to accept and keep on file that certain Seventh Place Mall Maintenance/Cost Sharing Agreement dated October �7 , 1383 among Joseph Geller and the Estate of Jack N. Geller; Clayton G. COU�iCILMEN Requested by Department of: Yeas p�� Nays Masanz (R FSVO[ Nicosia Scheibel Sonnen A g8inst BY Tedesco W�Ison Form Apptoved by City Attorney r'�dapted by Couacil: Date Certified �'assed by Council Secretary By �• ��4� 8� ,lpproved by ;Vlavor: Date Approved by Mayor for Submission to Council BY — BY Z r:rUTE .�- CITY CIERK � ' � 'a a�" _ �'"""`E G I T Y O F S A I N T PA U L Council �]r - QEPARTMENT X �j� �� _�..�c .- MAVOR File NO. v� /VV� . Council Resolution Presented By � � Referred To Committee: Date Out of Committee By Date -2- C'' . � Rein dba Seventh Place Resi`dence; and United Properties , a � division of the Northland Company, a copy of which is attached � hereto; and, be it � `� FURTHER RESOLVED, that the City CZerk is authorized and � directed to file a certified copy of this Resolution (without any attachments) in the Office of the County Recorder, Ramsey County. . /� �, COUNCILMEN Requested by Department of: Yeas Nays Drew � Masanz [n Favor IVicosia sc�a:►. � Against BY Tedesco W ilson Adopted by Council: Date DEC 5 — �98� Form Approved by City Attorney � Certified • sed by Council Secretary . BY gy. ��T�� ` / - / � �,pproved by Mavor: Dat t `�' ~ � � � r��' � ��PP�oved by Mayoc for Submission to Council By �,�,. �`�.� " `.:��.�,� By pil�t�a�i��7 D t C 141985 � ,� �s ?` o � -{ t� .cn � - . m � �" � -�1- e� Q ,,,, ttr e;, � � ��li � � =�•` � i�h O `f �_�_ ' � � � �' � � ^��"' Q • � " ,v�,. yI �y "* `[ -i't c t.�� ,�&,,, � �. d: tT �"' c� �° � L.F � ;p .—�.—'. � l� Cl �. �-� ;,"; w�. C; � t� ._„ � �'3 ` v -^�� c j C �''' ,,�t�Ca.��C. � pi. � ` �.. j "'. Cj t'�� 't' � � t►1 Z\1 � � � � " � a� `: '� � � � � N I- �� } � � � � . � f ��rn � �I�' P�� '� �. � C� �- ,"1 �,, � � .,,. v� i �3 P^- 1 , ��G � i Ga j' c`. � �� C �, � �. � � � �;, �J • � � __ ..:. � �� o � r� � � � � c�-+ W z °> —�G � t1) W L� � (7 C) � 3 �—+ O C'� ?-_ c-!' p" —� '1'7 r � � W � n� � -5 �n r � ra � � �� r O . � � � �P H u� u' N rS I �'�' I-W-� !� d� � � � � c-f � � r'i (D � O (n �u C U� N " � c�D '�S (D � �. � � �,�^ � J. W � � � \ � � 3 � cn rt m � � � °c cn � � � � rr N m � �P � ro o �, x' a o � m � � � � � d � 3 -� ra � � N .�1��-r;�' �1� . _ �•. !` � � �; , � , . . r t �....�,, � . ... J > :� ..� . ,. ' ., ' ` ' SEVENTH PLACE IMPROVEMENTS ' � ' __ 6-16-83 � �_j/(0%5 • ASSESSMENT AGREEMENT FOR SEVENTH PLACE I:�iPROVEMENTS THIS AGREEMENT is made and entered into, this /�� day of June , 1983 , by and between the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City" ; - � the HOUSING AND REDEVELOPMENT AUTHORITY OF THE � CITY OF SAINT PAUL, MINNESOTA, a body politic and corporate under the laws of Minnesota , here- inafter referred to as the "HRA" ; UNITED PROPERTIES , a division of NORTHLAND COMPANY, a Minnesota corporation, hereinafter referred to as "United" ; JOSEPH GELLER and the ESTATE OF JACK N. GELLER, • which are referred to hereinafter as "Geller" ; CLAYTON G . REIN, an individual doing business as Seventh Place Residence , hereinafter referred to as "Rein" ; the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a body politic and corporate under the laws of Minnesota, hereinafter referred to as the "Authority" ; and WABASHA COURT ASSOCIATES , a Minnesota general partnership , hereinafter referred to as "WCA" WITNESSETH: �ti?HEREAS , the City and the HR.A, through the Seventh Place Redevelopment Project , undertook to address the economic and physical stagnation of Seventh Street within the Downtown Central Business District ; and • ' 'C ` ,' ' ' ��/�/V V . _2_ [,�HEREAS , previously adopted plans call for the implementation of Seventh Place between St . Peter and Jackson as a pedestrian mall reinforcing and complementing ongoing commercial and retail develop- �:en} ef�ort , with interim improvements being constructed approximately �i��-e years a�;o on a limited budget , whose appearance has deteriorated significantly; and , WHEREAS , it would be highly desirable to address the implemen- tation of Seventh Place this summer on a segmented basis giving first attention to the area between St . Peter and Wabasha Streets , such block offering the most public benefit and incentive for pri- . vate investment at this time ; and • WHEREAS , this segment will create a pleasant pedestrian con- nection linking two major downtown activity centers - the Rice Park Redevelopment Area (including the St . Paul Hotel , Arnhoist Tower , the new Ordway Theatre , and Landmark Center) with Town Square and the City retail core , serving also as an incentive for develop- ment on Block 26 and the north half of Block 25 ; and WHEREAS , the operation, maintenance and repair of the existing . public street and interim •improvements is now and would otherwise be an obligation of the City ; and WHEREAS , the land owners abutting on Seventh Place would be benefited substantially by the construction of major public improve- ments and the conversion of this portion to a pedestrian mall , • s�.:ch costs being capable of assessment against benefited properties ; and � . . �; � � , . ��._�� -3- • WHEREAS , it is the intent of the parties , including all affected owners , to proceed as expeditiously as possible , agreeing to set aside the procedural technicalities and delays in the usual con- struction of improvements and adoption of assessments , making separate agreement as to the amount of the assessment and procedures for its collection or payment ; and iti�HEREAS , United owns the land and building known as the Hamm Building, located on all or part of I,ots 4, 5 , 6 , 7 , 8 and 9 , Block 7 , City of St . Paul (St . Paul Proper) , which building shall be here- inafter referred to as "the Hamm Building" ; and �JHEREAS , Authority owns and Rein is the tenant of certain land and buildings thereon, located on all or part of Lots 9 , 10 , 11 , 12 , • 13 and 14 , Block 11 , Bazil & Guerin' s Addition to St . Paul , which buildings and property shall hereinafter be referred to collectively as the "Rein Property" ; and WHEREAS , Geller owns the land and building thereon known as the Grace Building located on all or part of the northerly two thirds of Lots l , 2 and 3 , Block 7 , City of St . Paul (St . Paul Proper) , which building shall be hereinafter referred to as the "Grace Building" ; and WHEREAS , Authority owns and WCA is the tenant of certain land ancl buildings located on all or part of the southerly 1/3 front and rear of Lots l , 2 and 3 , and all of Lots 10 , 11 and 12 , Block 7 , City of St . Paul (St . Paul Proper) , which buildings and property shall be hereinafter referred to as "Wabasha Court" ; and T�THEREAS , substantial public monies in the approximate amount of • $�00 , 000 will be expended for the design and construction of said pedestrian mall between St . Peter and k�abasha Streets , such sums being expended in reliance upon the covenants and agreements contained herein ; and . , � _ , ' �,��5� � � -4- • WHEREAS , a benefit will inure to the respective property owners by virtue of construction of this segment of the Seventh Place Mall and the possible future linkage to other pedestrian mall portions . NOW, THEREFORE , IT IS HEREBY AGREED: PEDESTRIAN T�LL CONSTRUCTION AND COSTS 1 . The City a�rees to design and construct at its sole expense , and not at the expense of any other party, a pedestrian mall in the public right of way in Seventh Place� between St . Peter and jJabasha Streets in accordance with City-approved plans and specifications which have been reviewed by Ge11er , Rein and United . The City will construct all mechanical , electrical , lighting and drainage systems , installations and connections as shown in the plans and specifica- • tions to be part of the City construction contract . Such plans and specifications will permit access for essential service and emergency vehicles . 2. The City will include a provision in its contract for the construction of the pedestrian mall , whereby the contractor consents to the assignment of any and all warranties to the owners of the buildings abutting the mall , the City shall upon request assign such warranties to them upon approved contract completion, without relinquishing its own rights under such warranties ; and , if necessary, a11 the parties hereto will cooperate in any prosecution of lawful and proper claims which may later be asserted against the contrac- tor (s) or others arising from faulty design or construction of the :-1a11 . The City shall further require that such liability and • . . � . , ��',-- �� -5- prcperty damage insurance as is required of the contractor in accordance with city standard form specifications shall name Ge11er , P,ein and United and their tenants as additional insureds . City will use its best efforts to insure that the design and :�c:::��ruction of the pedestrian riall shall be in accordance with all applicable ordinances and state and local codes . " � OPERATION, MAINTEPIANCE AND REPAIR 3 . Geller , Rein and United agree that , beginning as pro- vided in section 18 of this Agreement , they �aill maintain, repair and operate the electrical , sewer and water facilities in and • serving the mall, as shown in the approved plans and specifica- tions to be part of the City construction contract , at their sole cost and expense, and shall keep and maintain the mall in repair and in safe condition , reasonably clean and free of litter and debris . Such maintenance sha11 include, but not be limited to , glass , hardware and metal trim cleaning , polishing , repair and replacement ; plant and tree trimming and watering ; snow removal ; light bulb replacement and cleaning of light fixtures and direc- tional signs , if any; trash and litter collection and removal ; cleaning ; painting and routine maintenance of benches , bicycle stands , trash receptacles ; and other street furniture ; and the tasks specified in Exhibit A attached hereto . 4 . Geller , Rein and United further agree to repair and/or • re��ace all or any part of the mall , its integral equipment and re,ated �facilities including but not limited to benches , trees , -� � � � � �r�'�-/�is� • -6- plantings , paving system, electric lights , and tree watering equip- ment, which may be damaged, become inoperable, or be stolen, regard- less of the cause therefor. Such repairs and/or replacements shall be consistent with the design and standards of the original approved plans and specifications. Said obligatioi� to repair and/or replace shall be insured in accordance with paragraph 10 of this Agreement, requiring the provision of casualty or property damage insurance coverage. Except for emergencies requiring rapid action or in the case of routine or minor repairs or replacements, the City shall be furnished with both preliminary and final plans and specifications for all additions , alterations or repairs and replacements to the • mall, its integral equipment and related facilities , which plans and specifications shall be subject to their reasonable and timely approval or disapproval before commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specifications to approve or disapprove within 30 days shall be deemed approval. Any proposed physical additions to the Mall (of a permanent or temporary nature) shall be allowed subject to reason- able review and approval by the City before construction or instal- lation of such addition. � 5 . Geller, Rein and United shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and responsibilities for said mall, its integral parts and related eauipment, together with the necessary costs of insurance and a • surety bond hereunder. An executed copy of that agreement must ' • • / . , �-�'�-/�O/5 . . _7_ • be submitted to the City. Such agreement shall contain provisions for the mediation of disputes between the parties thereto as to its terms, construction or enforcement. 6 . If Geller, Rein and United fail to adequately maintain, repair and operate the said mall to a reasonable standard of safety, or shall fail to undertake reasonable maintenance , operation or repair of the pedestrian mall, or fail to obtain a surety bond and insurance as required by sections 8 and 10 of this Agreement, within 10 days after receipt by the affected party or parties of written demand from the City, or without any demand in an emergency or where � the public health or safety is endangered, the City may undertake said reasonable and necessary maintenance, repair and operating • tasks , and acquire the necessary surety bond and insurance, and the costs incurred by City for said maintenance, repair and operation, and bond and insurance, shall be assessed to and shall be paid forth- with by the defaulting property owner (s) or their sureties as pro- vided in paragraphs 11 and 12 of this Agreement. If the City, in its sole discretion, determines that the operation, maintenance and repair of the mall is not being done to a reasonable standard of care, appearance or safety, the City shall provide written notice of such determination to Geller, Rein and United, which notice shall contain a specification of the maintenance, operation and/or repairs to be performed. If such work is not initiated within 10 days after receipt of said notice, • � � �°./�d'u�� -s- • and completed within a reasonable time thereafter (not to exceed 40 days after receipt of said notice) , the City may completely take over tne performance of the abligations of Geller , Rein and United under paragraphs 3 and 4 of this Agreement , and shall be fully reim- bursed for this work. Such reimbursement shall , as a cost and ex- pense of this Agreement , be included in the assessment imposed by paragraphs 11 and 12 ; and such reimbursement shall be made within 10 days after presentation by the City to Geller , Rein and United , of invoices showing the services performed and the charges therefor . 7 . The mall which is the subject of this Agreement shall not be operated for the purpose of advertising the name of any product or business or any other commercial purposes nor shall any party . place any such advertising within the mall . Store front signage • shall not project out from the wall into the mall area except as subject to the reasonable approval of City before installation, provided, however , that this shall not apply to the two existing theater marquees . Nothing herein contained shall prevent the in- stallation and maintenance of appropriate directional sign(s) and maps in the mall . All signage and locations within the mall space shall be subject to review and approval by the City prior to sign construction and installat•ion. SURETY BONDS AND INSUR.ANCE 8 . Geller , Rein and United shall together furnish and main- tain a surety bond in the amount of .$100, 000 per year , or separate surety bonds totaling in the aggregate $100 , 000 per year , for the • said mall , to and in favor of the City of Saint Paul , as obligee , as -9- • � � , , � ��-,�"-�� long as said mall or any part thereof shall be in the public right-of- way, conditioned (1) that said property ownezs sYiall defencl, 'i:�demriify and • hold harmless the City against all expenses and liability on account of all costs , suits and judgments arising out of or connected with the main- tenance , operation and repair of the mall , its integral parts and rela- ted equipment , (2) that said property owners shall procure and maintain in force liability and property damage insurance coverage as required by pzragraph 10 of this Agreement , (3) that the property owners shall com- ply with all terms and conditions expressed and contained in this Agree- � � ment as to maintenance , operation and repair of the mall and �(4) further conditioned that in the event separate surety bonds aggregating $100 , 000 �er year are furnished and maintained, said surety or sureties shall perform as obligated on such bonds , without regard to the liability or responsibility of any principal for the breach or default giving rise � to the surety' s or sureties obligation to perform, and reduce the � annual obligation on each such bond in the same proportion as each principal ' s front footage ownership on said mall is to the total there- of or as said principals may otherwise agree with the surety or sureties , 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 Direc- tor of the Department of Firiance and Management Services for the c�ty . Evidence that such bond remains in force and effect shall be furnished to the City annually upon the anniversary of this Agreement . The CitS� shall procure from the general contractor and provide to the par�ies upon request , documentation evidencing that the general con- t��c�or is maintaining throughout the entire period of construction of the mall , such insurance as set forth in the plans and specifica- • tions , naming said abutting property owners as additional insureds . 9 . The expense of procuring and maintaining in force the in- surance pol�cy and surety bond required by this Agreement for the �,` . , �� /�/�� • -10- mall shall be a maintenance cost to be assumed by Geller, Rein and United and shall be shared in accordance with the separate agreement required herein for the sharing of operating, maintenance and repair costs . 10 . Geller, Rein and United shall furnish and maintain li- � ability insurance coverage for the mall, its integral parts and related equipment, with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds , said insurance containing the following minimum coverages : for property damage to the extent of $200 , 000 . 00 in any single accident; for , personal injuries , including death, $1, 000 , 000 . 00 for each occur- rence. Such minimum amounts shall be subject, upon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul in the event municipal liability limits or exposure to liability are altered by legislation or judicial decision at any time after the date hereof. Geller, Rein and United shall also provide casualty or property damage insurance coverage for the mall, its integral parts and related equipment, including but not limited to benches , trees , electric lights and equipment for water- ing said trees , in the amount of $385 , 000 .00 per occurrence, which coverage shall not exclude damage or loss caused by vandal- ism or malicious mischief, providing that such coverage need not inciude damge caused to the mall or its facilities by the negligent • �ct of any agent, officer or employee of the City. The City and i -'; � � ��-�� . -��- • HRA, having an insurable interest as owners of such public property, shall be designated as additional insureds . The insurance policies re- quired herein shall be in such form as shall be approved by the City Attorney. ASSESSMENT 11 . The total costs and expenses incurred by Geller, Rein and United in the performance of their obligations under this Agreement, as principal but not sole beneficiaries of the benefits of the mall as a public improvement, together with the total of all costs and expenses, if any, incurred by the City pursuant to section 6 hereof, shall be assessed against their respective properties in the same proportion as their front footage ownership on Seventh Place facing the mall . Geller, • Rein and United hereby waive and relinquish any and all notice, publica- �tion, hearings or other proceedings required of the City or HRA by law, Charter or administrative ordinance, for the inclusion of such assess- ment in the assessment roll, the adoption of said roll, its certifica- tion to the County and all appeals therefrom; and said parties agree to pay or cause to be paid such assessment annually as defined and as follows herein. 12 . The annual amount of the assessment shall be (1) the total of all costs and expenses incurred by Geller, Rein and United in the performance of their obligations under this Agreement, plus (2) the total of all costs and expenses , if any, incurred by the City pursuant to section 6 hereof . Those costs and expenses which are or have been paid directly by Geller, Rein and United, or on their behalf pursuant • to the separate written agreement required of them by this �greement, in the performance of their obligations under this Agreement shall be � , -12- G��U '�� • adopted and ratified by the City as an assessment for the above-described special improvements benefitting the above-described properties of Geller, Rein and United, but shall not be certified to the Ramsey County Department of Property Taxation as part of the. assessment roll, and further, shall be considered as having been paid in full . Those costs and expenses which have not been paid for any reason, including failure by said parties to agree or a disagreement between them, may, together with any costs and expenses incurred by the City pursuant to section 6 hereof, be adopted by the City as an assessment without fur- ther notice or proceedings as provided above, and may be certified to the Ramsey County Department of Property Taxation as part of the assess- ment roll. At its option the City may seek the payment of such amounts � from the surety on the bond required herein, or in a separate action ,at law or in equity. BINDING OBLIGATIONS 13 . The parties agree that in the construction, maintenance, re- pair and operation of the pedestrian mall, they shall be bound by all City codes and ordinances insofar as applicable. 14 . The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and assigns , and shall continue in force for the life of the improvements constructed pursuant to paragraph 1 herein; provided that this Agreement shall be null and void from and after the date the mall and its facilities are removed and the public right of way is converted to a normal City street, authorized by the • City to be used for public vehicular transit. This Agreement shall be a covenant running with the land, burdening those portions of the following parcels owned by Geller, Rein and United: . , ��s--�� . -.13- � Lots 9, 10, 11, 12, 13 and 14, Block 11, Bazil & Guerin ' s Addition (Rein) ; Northerly 2/3 ` s of Lots l, 2 and 3 , Block 7 , City of St. Paul (Geller) ; and Lots 4 , 5 , 6 , 7 , 8 and 9 , Block 7 , City of St. Paul (United) . 15. Geller, Rein and United and their successors and assigns are liable for the performance of the obligations in this Agreement; and the City may recover any damages or relief from any party or parties hereto as provided in this Agreement. 16 . The City and/or HRA agree to use their best efforts to acquire and clear those parcels of real property listed in Exhibit B attached hereto by September 30, 1984. If such parcels are not acquired and cleared by September 30, 1984 : � (a) Geller, Rein and United shall not be responsible for the assessment provided for in paragraphs 11 and 12 , until the date on which such parcels are acquired and cleared or until December 31, 1986 , which- ever date is earlier, so long as and upon condition that they permit the City to per- form the work as provided in subsection _ (b) hereinbelow and do not incur by action or inaction any costs therefor; and (b) the City will, for the period commen- cing October 1, 1984 , and ending on the date such parcels are acquired or cleared or until December 31 , 1986 , whichever date is earlier, perform the work required under paragraphs 3 and 4 of this Agreement at no expense to Geller, Rein and United (except that said parties agree to assign insurance benefits to the City for covered losses or damage to the public improvements or street) ; and City will pay the premiums for continued insurance and bond coverage as required by this Agreement. . . , . , , � ' I -14- �e'6=/f/� 17 . The property owners herein reserve unto themselves the ! unconditional right and privilege of selling, conveying and trans- ferring their abutting and/or encumbered or involved real estate or interests herein and assigning and transferring this Agreement to any other corporation, trust, trusts , individual (s) , partnerships or other form of venture. In the event of transfer of any property owner' s interest in the property, the owner (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of the owner (seller) contained in this Agreement thereafter to be performed; provided that owner ' s successor fully and without limit- ation assumes in writing all duties, responsibilities and covenants of the owner (seller) under this Agreement. • 18 . Seven (7) days after substantial completion of the mall (ex- . cluding any tree or bush plantings or the like having seasonal plant- ing requirements, and excluding the installation of paving blocks if. such blocks cannot be installed until the �next construction season, provided that such blocks shall be installed in the next construction season as required by the plans and specifications) as evidenced by the issuance of a certification by the Project Engineer that such mall is substantially complete, and its furnishing to Geller, Rein and United, the obligations and duties contained herein as to said mall shall become operative. 19 . Any notice to the parties hereunder shall be considered sufficient delivered if mailed, by certified mail, return receipt requested, postage prepaid, as follows : • a) To: City of Saint Paul Donald Nygaard, Director Department of Public Works 6th Floor, City Hall Annex 25 West Fourth Street St. Paul , Minnesota 55102 and . . � � -15- �/'�f��/fo%5 ' Deputy Director for Development � PED/City of Saint Paul , rlinnesota 12th Floor , City Hall Annex 25 West Fourth Street St . Paul , Minnesota 55102 and City of Saint Paul Peter Hames , Director Department of Finance and Management Services Room 234 , City Hall St . Paul , Minnesota 55102 b) To : Rein at : � C .G . Rein Company Commerce Building St . Paul , Minnesota 55101 and Geller at : Victory Centre Ramp 344 Wabasha Street St. Paul , Minnesota 55101 • and United at : United Properties 3500 West 80th Street Minneapolis , Minnesota 55431 c) To : Port Authority at : Executive Director , Suite -1305 25 West Fourth Street St . Paul , Minnesota 55102 To : Wabasha Court Associates at : P .O . Box 43570 St . Pau1 , r7innesota 55164 A party may , by written notice , designate a different address to which notices to it shall be directed. 20 . In the event any additional segments of the Seventh Place Pedestrian Mall are constructed between Wabasha and Jackson Streets , , and the City exercises its powers in accordance with law to levy . .: � � � ��-��,�- � -16- � assessments to pay all or any part of the cost of such improvements or the cost of operation, maintenance or repair of such improvements , this agreement shall be void and of no effect if the assessment roll for such additional segments on its final adoption by the Council in- cludes any of the costs of maintaining , operating and repairing the public improvements between St . Peter and Wabasha Streets which are the subject of this Agreement and Geller , Rein and Unitec� are accor- � � dingly assessed. 21 . Nothing contained in this Agreement shall prohibit the City from making public improvements and assessing costs for improve- ments or work not included within the scope of this Agreement . Geller , Rein and United shall pay the 1983 street and/or sidewalk • assessments which are payable in 1984 ; and, except as required by this Agreement , shall not be required to pay street and/or sidewalk assessments for work on Seventh Place or Seventh Place sidewalks or paved surfaces thereafter for the life of this Agreement . 22 . Authority, WCA, Geller , Rein and United, for good and valuable consideration , do hereby agree and consent to the limitation of vehicular access to the rear entrances of the Wabasha Court , the � Grace Building and the Hamm Building , vi:a the alley off Seventh Place as follows : (a) Access to the rear entrances of the said buildings , via the alley off Seventh Place, shall be limited to pedestrians , emergency vehicles , and such .other vehicles as are reasonably necessary or re�quired to effect emergency repairs and/or maintenance to the • said buildings , between the hours of 11 a .rn. and- 2 : 00 p .m. daily ; and : ' � ��`/�`� � -16a- (b) Access to the rear entrances of said • buildings may be further limited and re- stricted, in such manner as all of the parties hereto shall agree in writing. The agreement in this paragraph shall be a cavenant running with the land, burdening the property herein referred to and defined as Wabasha Court , the Hamm Building and the Grace Building, but only as to the matters contained in this paragraph. The parties to this Agreement agree that Authority and j,1CA are not obligated by any ather paragraphs or provisions of this Agreement . Geller , Rein and WCA shall not pro- vide for nor permit the parking of any vehicles in the alley or other access space to said rear entrances , other than incident to the de- livery of essential goods and services , emergency services , maintenance and repairs to said Buildings . • 23 . It is further understood that the Authority consents to the construction, operation, maintenance and repair of the pedestrian mall in Seventh Place by the respective tenants of the Authority and their successors and assigns , but Authority does not obligate itself under this Agreement except to consent to the limitations provided in Paragraph 22 ; provided, however , that the Authority' s successors and assigns , the Authority' s tenants who are parties to this agreement and their successors and assigns , shall be responsible for and assume all the agreements and obligations imposed upon Authority' s tenants �aho are parties to this Agreement . Authority undertakes and agrees that it will obligate its successors and assigns , by appropriate and contractual provisions in any transfer of its interests in the property herein described as the Rein Property or tiJabasha Court to • per�orm the agreements and obligations imposed by this Agreement . � • �.,�'`s=/�s� � -��- APPROVED AS TO FORM CITY OF SAINT PAUL . . �• L-ll.-�f3 By Assista t City ttorney ts ayo i By It D recto , epartment of P an ing a conomic Development By It Director , Department o Finance and Management Services � By � , O Its. City Clerk . . � . • . . f ' -18- ��/(�/� , STATE OF MINNESOTA ) � • ) SS . COUNTY OF R.AMSEY ) �� The foregoing instrument was acknowledged before me this �o da�.� o� �-�'�� , 1983 , by GEORGE LATI�IER, Mayor of the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota , on behalf of the City of Saint Paul . � �� IEEANN�f11RCH{M ? — � NOTARY PUBttC—MiNNESUTA `. ��{ RAIASEY COUN7Y ` 2 My Comtfl.Expres Jur�e 11,19�7 � y • STATE OF MINNESOTA ) ) SS . � COUNTY OF RAMSEY ) The for going instrument was acknowledged before me this �.�� _�'� day of , 1983 , by JAMES BELLUS , Director of l�anning and Economic Deve opment for the CITY OF SAINT PAUL, a municipal cor- poration of he State of Minnesota , on behalf of the City of Saint Paul . � STATE OF MINNESOTA ) ) SS . COUNTY OF R.AMSEY ) The fo eg i instrument was acknowledged before me this �� day of , 1983 , by PETER G. HAMES , Director—o�it e Department o Fi nce and Management Serv' s for. the CITY OF SAINT PAUL, a municipal corporation of the St of Minnesota, on behalf of the City of Saint Paul . .nnnnnnnnn �,T:..,�.J.ZtjSAN ��Q' �— EL.,: .: ,. s� -��:; _ar,i�soTa � r�o,.�;�:• ,. ;�: � ��;::�.:��cr;;,x^r �� MY COPJLVt.cYPixiS Pti„i 3, 1990 • STATE OF TZINNESOTA ) ) SS . COU:vTY OF R.AMSEY ) The oregoing instrument was acknowledged before me this ,3��' day of , 1983 , by ALBERT B . OLSON, City Clerk o� the CITY OF NT PAUL, a municipal corporation of the State of Minnesota , on beha of the City of Saint Paul . • , ///� r ` + � MtCNlIEL+1.SI��TA � liOfARaI rUBCiC—�l _ ��1pr112,19ld �`� yy C�nwn. • r . � . � ► ; � � �,�-�"�=/�i� • -19- HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By � �2� ItS CHAI RSON 1 �. � � � By ItS SECRETARY STATE OF MINNESOTA ) ) SS . • ' COUNTY OF RAMSEY ) On this 2�st day of July , 1983 , before me , a Notary Public within and for said County appeared HUGO E. r�sAt�rz and �RIS NICOSIA , to me personally known, who , being each by me duly sworn, did say that they are respectively the cxAIx�ERSOrt and SECRETARY Of the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota body politic and corporate , that said instrument was signed by authority of its Board of Commissioners and said HUGO E. r�sArrz and CHRIS NICOSIA acknowledged said instrument was the free act and deed of said corporation. :nnnnnnnn/w��^"^�`^^�,w�`,nnnti�nnnY • �, ROSEh"ARY FRED�TTE � "' 4 NOTARY PUSLIC—MIPv�vE50iA '; � . RAMSEY COUNTY �� My Comm.Expires A�ril 23, 1987 r Y . I . . � ,..� /(�� . ` �� • -20- UNITED PROPERTIES , a division of THE NORTHLAND COMPANY � � �'�i :�� . By �i v I t s ,�ti� By� -- zts � � � � STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this Ath day of „n»t , 1983 , before • me , a Notary Public within and for said County, appeared Kenneth N Stensb� and M JPrnma ncaa � t0 me personally known, who, being each by me duly sworn, did say that they are respectively the President and Assistant Secretary of UNITED PROPERTIES , a division of THE NORTHLAND COMPANY, a Minnesota corporation, that said instru- ment was signed by authority of the directors of the corporation, and said Kenneth N. Stensby and M. Jerome Rowe acknowledged said instrument was the free act and deed of said corporation. f � � X AIAA,�G��pp�� a .... �AAAb�4A�A�,1�1�G��A�AA�,R�X :;�"�:;.. BRUCE G.ODLAUG y � � ?-�" � NOTARY PUBLIC-MINNESOTA • � •.;��;M DAKOTA COUNTY � y Commission Expires Oct. 17, 1gg5 � z��vr��v��r�rv�vrr��t�rrwrv�yer�ry� X �� "� � ��_�� • -21- CLAYTON G. REIN � ; . �� ST.ATE OF MINNESOTA ) c � � ) SS . " COUNTY OF RAMSEY ) On this / day of , 1983 , before me , a Notary Public within and for said County, appeared CLAYTON G . REIN, • to me personally known, who , being by me duly sworn, acknowledged �said instrument was his free act and deed. � � �� "�► URSULA K. FOL� � NOTARY PU861C-MMINESOTA RAMSEX �OUNTY My commission expires Sept. 15,1489 • i . ' � � ' ��- °5--�� • -22- ep Ge ier ESTA�'E OF JACK N. GELLER By Sherman Winthrop and THE FIRST TRUST COMPANY OF • SAINT PAUL By Its pSSiSTAN1 SECRETARY Personal Representatives of the Estate of Jack N. Geller • - r � • � , / � , ' �.�'''�"/Ip�J • --�3- • STATE OF MINNESOTA ) ) SS. COU�`TY OF RAMSEY ) � % The foregoing instrument was acknowledged before me this � day of , 1983, by JOSEPH GELLER. .�:�'�:�.. CAROL JOHNSON i r ;.�'�!,P'r;� NOTARY PUBLIC — MINNESO'fA itd',� HENNEPIN COi;�+fY '•=�Il,F' �,�mmi�sioli ExQi►M Apr.1�19N STATE OF MINNESOTA ) ) SS. COUNTY OF R�MSEY ) The oregoing instrument was acknowledged before me thisa� day of , 1983 , by SHERMAN WINTHROP as Personal • � Represent iv f the ESTATE OF JACK N. GELLER. � � �` SUSAN R. 10�M�NNES07A �� NOTARY PU9UC— �:�c� DAEOTAes�une 19,1989 '�- My Comm. P • r STATE OF MINNESOTA ) ) SS. COUNTY OF RADISEY ) The or going instrument was acknowledged before me this� day o f , 19 8 3 , by G. L. BARTHEL of FIRST TRUST COMPANY OF SAINT PAUL, on behalf of F RST TRUST COMPANY OF SAINT PAUL as Personal Representative of the ESTATE OF JACK N. GELLER. � G�' �X A, �A /�A,�d�AAc�,�,�,��A6�m4laA�A�apC • {:i rr,�:�. � ,:�� y.: MARY KAY UNRUH � �a �="' NUTARY PUBUC - MINNESOTA .`•�� UAKOTA COUNTY • . � �•�' My Ccmmission Expires Feb. 17, iggg � k tltle►erotlber�yy'tlro�rrvGVV�ery�mlrn�s�Y'�er�tl�Y�L - 'f . ' U�—��f �1p/`,.' U . -24- PORT AUTHO ITY F THE CITY OF SAINT PA � � By Its � By p It STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) • On this �i��day of , 1983 , efore me , a Notary Public within and for s id County appeared �"� (/U (i(J ��e-.� and � � , to me personally known, who , being each b me •duly sworn, did say that they are respectively the and of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a Minnesota body politic and corporate , that said instrument w igned by authority of its Board of Commissioners and said and acknowledged said instrument was the free act and deed of said corporation. � � � • �nnnMMMMnAnM M/1A.�A/V\�M/�/�M/1M f <��`. PERRY c�� K. FEDERS �'��W!' NOTARY PUBUC-MINNESOTA � .... W4S41NG70N COUN7Y MY Comm.Explres Aug.24.1989 #VVyyyWVWWyVWWV r - . , • ' � � � ' � c°� ��--��s -25- • WABASHA COURT ASSOCIATES By �-�' ItS ar�h�r By zts STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this 5-� day of �uqUs� , 1983 , before me , a Notary Public within and for said County, appeared lA)� I�i o r�- �. • s �f � and , to me personally known, who, being each by me duly sworn, did say that they are respectively the Pu��n�e r and of WABASHA COURT ASSOCIATES , a general partnership , that said instrument was signed by authority of its partners , and said 1�,�,�l�Qn� (C� . S�e�e h4 and acknowledged said instrument was the free act and deed of said partnership . �;�„� � �� JEANNE M. HUEBNER �:� .�� NOTARY PUBLIC-MINNESOTA RAMSEY COUNTY . �+' My Commissior�Expiras Sept.10,1988 • - � , �. , �-�i5=�(a/5 • EXHIBIT A May 3, 1983 • SEVENTH PLACE MALL � MAINTENANCE TASK 1 . Daily Maintenance by Groundskeeper - �4inimum 2 Hours Per Day, 5 Days Per Week: a. General clean-up and maintenance b. Empty trash receptacles (.7 days per week + as needed) c. Pick up all debris - litter control d. Identify maintenance tasks needing additional attention e. Lighting (pedestrian and twinkle) to be timed vrith sunset and operational hours to give maximum visual impact and insure safety 2. Weekly Maintenance : a. I�!ash down all paved surfaces and power sweep '_1a,�-November �30_��reeks) b. G!ater trees and planting materials as needed during summer months, • twice per year (during dry periods) for planters and planting beds; weekly deepwatering for trees c. Weeding and cleaning tree grates and planting beds May-December (30 weeks) d , Snow removal - as needed during winter. All snow should be removed from paved surfaces by 9:00 a .m. , with such surfaces kept free of snow during commercial /office operational hours e. Irrigation system bubbler and sprinkler heads should be checked weekly and maintained in operable condition - clear of obstructions and replace as necessary 3. Annual/Seasonal Maintenance : a . Seasonal plantings to be provided in planters and planting beds as specified in plan (approximately 1 ,000 square feet) : - Spring plantings of appropriate annuals to be installed by May 15. �laterials , size, type, quantity, soil preparation method, etc. , subject to City approval - Evergreen branches and cut greens shall 5e placed in seasonal planting areas by November 15 • b. `?aintain 4" of mulch in planting beds and tree basins as specified . , �d'u�/��5� . . w . �' , EXHIBIT A May 3, 1983 • SEVENTH PLACE MALL MAINTENANCE TASK Page - 2 - 3. Annual/Seasonal Maintenance, continued: c. "Twinkle" Christmas tree lights sha17 be placed in deciduous trees and planting spaces as defined in plan. These are to be maintained in full working order through the winter until removal each spring - by May 1 . Replacement of bulbs and/or strands of lights must be provided for as specified. d. Tree and shrub, maintenance as necessary - prune, fertilize, spray, etc. , as specified (schedule will be �rovided by City staff) e. Watering system maintenance - to be dried out and shut down before winter freeze damage and opened up and reactivated each spring f. Recaulking of expansion joints as needed g. Repair/replacement of deteriorating and/or damaged pavers and mortar joints � . 4. Miscellaneous Maintenance, As Necessary: • a. Replacement of any plantings displaying less than 50% of branching in healthy condition. This replacement shall occur within 15 days of determination of substandard condition b. Replacement/repair of any damaged fixtures , tree grates , kiosks , pave- ment materials and mortar joints , hardware, furniture, planters , trash receptacles , etc. , within 30 days of damage occurance c. Periodic maintenance and repairs to electrical system - as needed d. Routine painting, staining, etc. , of mall furnishings as specified e. Replacement of maintenance equipment as necessary 5. Utility Costs : ° a. Electricity b. 4Jater and sewage NOTE: City staff (forester, parks, maintenance, landscape architects , etc. ) , :�,�ill be available for consultation. Questions on level of maintenance, plant care, repair of pavement, etc. , should be directed to City staff � for recommendation. .�� ` �� ,� �— EXHIBIT B` ' , � . 49�6 . � , � • � i �' A, �—.�',3--�-/lvi� . . , � : I . -. • ---- - � o . 2 � o . A � 0�4� �Dti ' � g . B3 - i � � � 8►� � � � m , � D . � � .� t > �, � 9c,s 6 - - �—�.� � `FAoT � • rv � O r � � i . _ t � . :::::>:;: a - <;::::;;;<::::::;-:.::»>::>:::><::::::::�::::::> ;:::;:<:>::>:<�>:::<:>::;:<>::;:::>�>:<:�:�:::>:>:::::: . .�.>::>;:>;>:<:.<>�;::;:t:::;:::::;:::::::::::::>:<::;: ,.<:.�.:.f::::;::>::>:::::.;. 63 �::::><1'�:;:<;::<�>:::»:::::::;:>;>::: :; I � :<::<z<»»:;::><:>�<i�.:... ..... .... :>:>::: 4 7 a I ;;C�>::>::>::::<:>::::::;.::::.; 6 A i � :: :::�..::.:::.:.:::.::::::�: rf ;��,';'�iC�:��'ry:`•t::;:;; �:::. .:>:»:�>:�::.�::::::•::::::. �:::. ..:::::::•::::::::�::::::� �>:>: �•�:::�::::,�::::::::::::::: O . m � 4 . � ::::>:��:::::::>::::<:> 4 � ,� � fl m �:::��:.::>:::�<:::::;:'�::::::<:::::: � ::;`:�:<::��::::;::::::;::::»:::>:::<. < � :;<:::> 4 53 >:::::�«::�:»::::>::»>:»;:::::. _. �:::::. : :�::;�;:,.;;�>..;::;;:;::;<•;:;�::� .:::. ,_.............. .... .. ::::::::.:,:.,:::::::::.: :::.. ., :::::: »::;:;•::�: .;;;::•:;>:;<�>:�;:;:;•::::;;;�:;>�. ::::::::. � � � <:.::::::... :::::�:::.�:::::::::::�::: : :•:::::::...... ......................... ..�: :,.,•.,•:::::. � . ,�' - � �� ::�: 4 9 � �L r i � , . ��>:�>:<:>::<::::>: � � g � / !�:� .. ., ,>:.;:.;::.:� aa i ; � ;��<::;.?.. :;��``:�:;::.:::::�:�: , ,.... ........ . :::::<.>:: � .;:;.;:.:::. � �� ::::::::::. ........... .4 ............... .. . � � � � 4 39 . � � S ' �� _ :� . � � �� . � � � � . i a�i� i � I � � 429 � � � I\ ,t N N fV � � • � W - � SEVENTH PL�CE (PROPOSED MALL) -----�— i . � Y.EY �� ,, � `i � TO BE ACQUIRED BY THE • �� - � L ` ;� REDEVELOPME�T�ED FOR . ��a / . � j ; i t . -, � ,- _ `` '� f , _ J � � _ � " � � ; � � . • 1 t' V' ., -- ��-/�� SEVENTH PLACE MALL MAINTENANCE/COST SHARING AGREEMENT THIS AGREEMENT is made and entered into this � day of � '�'�� ), 1983, by and between JOSEPH GELLER and the ESTATE OF JACK N. GELLER ( "Geller" ) ; CLAYTON G. REIN, an individual doing business as Seventh Place Residence ( "Rein" ) ; and UNITED PROPERTIES, a division of THE NORTHLAND COMPANY, a Minnesota corporation ( "United" ) . RECITALS: FIRST: Geller, Rein and United are parties to that cer- tain Assessment Agreement, dated June 16, 1983, ( the "Assessment Agreement" ) with the City of Saint Paul ( the "City" ) , as an additional party, relative to the construction of a pedestrian mall in and over Seventh Place, between Wabasha and St. Peter Streets, adjacent to and abutting real property owned by Geller, Rein and United, which mall shall hereafter be referred to as the "Mall" or "Seventh Place Mall. " SECOND: Geller, Rein and United have ag�eed to share on a continuing basis the costs of maintenance, repair, operation and insurance for the Seventh Place Mall, on the terms and con- ditions hereina�ter set forth, and in accordance with the percen- tages hereinafter set forth: Rein 50$ Geller 25� United 25$ - In consideration of the Recitals, which hereby are made a part hereof', and further in consideration of the mutual promises and covenants contained herein, it is agreed hereby as follows: 1. Commencing on the date Geller, Rein and United become obligated to assume and perform their duties and responsibilities under the Assessment Agreement and for a period consisting of the balance of such calendar year and the next calendar year immediately thereafter, Rein shall carry out the operation, maintenance, repair and replacement duties of the parties imposed by paragraphs 3 and 4 of the Assessment Agreement. At the con- clusion of said period, Geller shall undertake said duties for the next succeeding calendar year, to be followed in turn at the conclusion of said one-year period by United for the next suc- ceeding calendar year. Thereafter, the parties shall, in the same rotation and for one-year periods, undertake said duties. The parties may provide for longer or shorter terms, a different rotation, splitting of said duties or any other alteration of the above as may be agreed in writing by them from time to time. If any party shall fail to perform its duties required hereunder, then the other parties, in the order hereinabove provided, after written notice given to such defaulting party and the failure to ' � �� cure said default within ten (10) days (or after receipt of notice of default from the City and failure to cure in accor- dance with the terms of the Assessment Agreement) shall have the right but not the obligation to perform such duties for the defaulting party. The defaulting party shall indemnify and hold the other parties hereto harmless from and against any cost, expense or liability arising out of or directly related to the defaulting party' s failure to perform its obligations under the provisions of this paragraph 1. 2. Rein, and each party in its turn thereafter, shall bill the other parties on a monthly basis for the appropriate percent ( in accordance with the Second Recital herein) of the costs of performing or obtaining the operating, maintenance and/or repair materials and services at such party' s then current billing rates for such work and as such billing rates may change from time to time. Each party agrees to cause payment to be made of the amounts billed to it within thirty ( 30) days after receipt of billing therefor. Each party may include in its costs a management fee, not to exceed five percent ( 5$) of such costs, which shall be billed with such costs. 3. Each party hereto shall obtain and keep in force any and all surety bonds required to be obtained and maintained pursuant to the provisions of the Assessment Agreement. United Properties shall obtain and keep in force the insurance reguired by the Assessment Agreement and with such additional limits as agreed upon by the parties; provided, however, United Properties shall obtain a separate bid from three reputable and licensed Minnesota insurance agencies and/or companies for the insurance required by the Assessment Agreement and purchase such insurance from the agency or. company submitting the lowest bid. In no event shall the term of such insurance be for a period longer than one (1 ) year. Evidence of such coverage shall be provided to the other parties upon request. Such insurance shall not be cancelled, terminated, or materially changed without thirty ( 30) days prior written notice to the other parties. Each party shall pay its proportionate share, in accordance with the Second Recital herein, of the premiums for such insurance within thirty ( 30) days after receipt of the billings therefor. 4. Rein shall pay in a timely manner all charges for utility services supplied in connection with the use of the Seventh Place Mall , including, but not limited to, water, sewer services, and electricity. Each party shall pay Rein its pro- portionate share in accordance with the Second Recital herein, of the charges for said utility services within thirty ( 30) days after receipt of the billing therefor. 5. Any disagreement arising out of the provisions of this Agreement between the parties which cannot be resolved by agreement of all parties, shall be resolved by binding arbitra- tion in Ramsey County pursuant to Minnesota Statutes Annotated, Sections 572. 08 through 572 . 30, as the same shall be amended -2- � 't I �� -/��✓ from time to time. 6 . The parties shall meet quarterly to review billings, accounts payable, and any matters relating to the performance of their obligations hereunder and under the Assessment Agreement. 7. 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 or interests herein and assigning and transferring their interest and obligations under this Agreement to any other cor- poration, trust, trusts, individual (s ) , partnerships or other form of venture. In the event of the transfer of such interest in such property the owner ( seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of the owner ( seller) contained in this Agreement there- after to be performed; provided that the owner's successor fully and without limitation assumes in writing all duties, responsi-' bilities and covenants of the owner ( seller) under this Agreement. 8. This Agreement shall be deemed terminated upon the effective date of the termination of the Assessment Agre�ment ar upon the effective date of the termination of the obligations of the parties hereto under said Assessment Agreement. 9. All notices and communications of similar legal import from any party to any other party shall be in writing, and shall be considered to have been duly given or served if sent certified or registered mail return receipt requested, postage prepaid, to the party at its address set forth below, or to such other address as such party may hereafter designate by written notice to the . other parties. A. If to Geller, at Victory Parking, Inc. , 344 Wabasha Street, Saint Paul, Minnesota 55102 B. If to Rein, at C. G. Rein Company, Commerce Building, Saint Paul, Minnesota 55101 C. If to United, at 3500 West 80th Street, Bloomington, Minnesota 55431, ATTN: Mr. Jerome Rowe. 10. Each covenant and agreement on the part of one party is understood and agreed to constitute an essential part of the consideration for each covenant and agreement on the part of each other party. 11. The waiver by any party of the breach of any provi- sion of this Agreement shall not operate as or be construed a waiver of any subsequent breach thereof. 12. This Agreement shall be subject to and governed by the laws of the State of Minnesota. -3- . �� i ��',�/�/.� 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of each of the parties hereto. 14. This Agreement may be executed in any number of counterparts, each of which shall constitute one in the same instrument. The parties hereto have duly executed this Agreement effective as of the date and year first above written. � � � �.�, JO EPH ELL R ESTATE OF JACK N. GELLER By Sherman Winthrop AND /- /-; FIRST TRUST ,PANY QF SAINT 1�AUL � � .�': By �✓�u( � l!;�Z�` � Its lce Fresi ent Personal Representatives of the Estate °f Jack N. er � � __ � C AYTON . RE N , UNIT PROPERTIES By � I t s e,t,�f �,ci, -4- , , . •� P��s��s' STATE OF MINNESOTA ) ) ss. COUNTY OF � The oregoing instrument was acknowledged before me this � day of , 198�/, by JOSEPH GELLER as his free ac and deed ,C ; Notary Public ��^�" � � :�.-k.� c��c� :q. �c':""^j� . . � ....� � - ..-r!� � STATE OF MINNESOTA ) � - - �1R,�,� : Ccmm ss;oa ax::�s��+,'�• � S S. � �...:.: � � ��,�,,,,,..�...�.,.�.,� COUNTY OF RAMSEY ) ;.,,�.�.:.-�'�'`°" The foregoing instrument was acknowledged before me this ��V day of �/�c.:¢�rr�lc.Q.�� , 1983 , by SHERMAN WINTHROP as a Personal Repre- sentative of the ESTATE OF JACK N. GELLER. � �s, ��.�� Notary Pub�i,�,�,v,,,,v,,niv�,,r wv�nnn^^^tiM � ' *,;c,n,:� u. tv�S�':ifiEA °' °t`� �� ('t u�= �;,':t:'cF�>:{1i'A T :�� i�i' J�:ii1�!'��tJi.��;N STATE OF MINNESOTA ) ; ` n�;ycU�m e�preslurela, �4s� y � ✓w,M�v�.✓vvvY�* ) S S. a�nnr�n'v`n�vw,�wv�vw' COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this 17th day of November , 1983, by W. G. Kochsiek �X the lce resi en � �s��a�eck�t of FIRST TRUST COMPANY OF SAINT PAUL as Personal Representatives of the ESTATE OF JACK N. GELLER. � � �. ,; �' Nota �y ub� c ( AR//�„�G�,�CcRTl��M.��aAAtal��G./�d��„n�IaAA�Q�m� � .�;::;. �n�,,, KPY UN�:)H 's' :, , �ir, ,; 1r - " "y��TA . STATE OF MINNESOTA ) ;; ' �-'.� u�a c;c' 1i � - � ) ss• C 'L4 ' �r:;y c��, :,o,E ��,;��. n, ��'R , COUNTY OF �tu i' , ) 7�e�s�`�s�ro��v�vero��nr,rrs�roror��renr��vv�� The foregoing i�nstrument was acknowledged before me this �L� day of �.��•(.,=,�5 , 1983, by CLAYTON G. REIN as his free act and deed. � o...r--;, =�1�5�;li� �'� :�Z'f��; .�y-. URSULA K. FOLE`( �^��;. NOTHRY ^UBLIC—MINUe50TA '� RAMSEY CO'JNTY Mv commission expires Sa•:t. 15,1989 � -5- � ; a . I G��/(D��S f STATE OF MINNESOTA ) ) ss. COUNTY OF , ,� ' � ) The fore o�ng instrument was acknowledged before me th ' s � r�day of �� . �?«% I'- . 1983 , bY �'� . ;/ �/'r�f�;' E' Lll��(� ► the ��'�. �/,`� f ,��^�S. of UNITED PROPERTIES, a division of THE NORTHLAND COMPANY, a Minnesota corporation, on behalf of the corporation. � s�:�ed�ASt�.�s�:c^?�,�Ln.*�►..*;�?b�s3�s�a -�j /��/��.. � ""...� INA RAE B;�RY � ' "2 C' �` '�" `` '° Notary Publ ic a``-�E�'�� NOTARY P!!3L'C —"iIN"�ESOIA � ��+ •�^1.1�`� yA��!.ricY COUNTY ,'i `'�\;:'::•=: �iW�,.�'.�i`=.��i�n Exp�ras Sept.18.1984�; "�S�ivpd�t,�a?�i`'��'�?�41.ti3'.�F•�Tvt.�i�lV�Pp�&,'+0`OS� � -6- WHITE � GITV CLERK � PINK ��- FINANCE G I TY OF SA I NT PAU L Council CANARV - OEPARTMEN7 File � NO. �� /�/� BLUE - A�fAVOR City Attny/PBB . . Counci ti Present.ed By Referred To ommittee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Assessment Agreement for Seventh P1ace Improvements , dated June 16, 1983 , between and among the City of Saint Paul; the Housin� and Redevelopment Authority of the City of Saint Paul , Minnesota; United Properties , a division of Northland Company; Joseph Geller and the Estate of Jack N. Geller; Clayton G. Rein dba Seventh Place Residence; the Port Authority of the City of Saint Paul ; and Wabasha Court Associates ; which Agreement has previously been recorded as Document No . 2189202, a copy of which is attached hereto , which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul : Lots 4, 5, 6 , 7 , 8 and 9, Block 7 , City of Saint Paul (St. Paul Proper) ; and Lots 9, 10, 11 , 12, 13 and 14, Block 11, Bazil & Guerin' s Addition to Saint Paul ; and The Northerly 2/3 of Lots l, 2 and 3 , Block 7 , City of Saint Paul (St. Paul Proper) ; and The Southerly 1/3 of Lots l , 2 and 3 , and all of Lots 10, 11 and 12 , Block 7 , City of Saint Paul (St. Paul Proper) ; and, be it FURTHER RESOLVED, that the City Clerk is also authorized and directed to accept and keep on file that certain Seventh Place Mall Maintenance/Cost Sharing Agreement dated October 27 , 1983 among Joseph Geller and the Estate of Jack N, Geller; Clayton G. COUIVCILMEIV Requested by Department of: Yeas p�� Nays Masa"z [n Favor Nicosia Scheibel Sonnen __ Against BY Tedesco W ilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY ��✓ By A►pproved by Mavor: Date Approved by Mayor for Submission to Council BY BY WHITE - CITY CLERK PINK - FINANGE GITY OF SAINT PALTL Couecil CANqRV - DEPARTMENT 1 � /A� (s/� �l.UE -MAVOR FIlC NO. �+�/r/ ouncil Resolution Presenked By -' -�� Referred To Committee: - Date Out of Committee By Date WHEREAS , THE MAYOR, PURSUANT to Section 10.07.4 of the City Charter , does recommend the following transfers for the 1985 General Fund Budget : CURRENT AMENDED BUDGET CHANGES BUDGET FINANCING PLAN : (TRANSFER FROM: ) 001 General Fund General Government Accounts Contingent Reserve - Specified 09051-537 Operating Transfer Out 479 , 837 ( 87 , 419) 392,418 Community Services - Public Health Multiple Family-Certificate of Occupancy 03228-111 Salaries 187 , 458 ( 75 , 425) 112 , 033 03228-235 Auto Allowance 7 ,000 ( 3 , 000) 4, 000 03228-244 Microfilming 250 ( 66) 184 03228-251 Transportation 300 ( 300) 0 03228-252 Lodging , Meals 200 ( 200) 0 03228-253 Registration 550 ( 500) 50 03228-279 Other Repairs 300 ( 290) 10 03228-359 Other Specialized Material 100 ( 100) 0 03228-362 Duplicating Supplies 400 ( 400) 0 03228-364 Letterheads 300 ( 150) 150 03228-381 Books , Publications 100 ( 100) 0 03228-816 Cabinets , Bookcases 2 , 500 ( 1 , 479) 1 , 021 Community Services-Housing & Building Code Enforcement Conservation & Maintenance 03308-111 Salaries 212 ,052 ( 81 , 630) 130, 422 03308-235 Auto Allowance 7 , 500 ( 3, 750) 3 , 750 Building Design 03315-244 Microfilming 5 , 000 ( 3, 000) 2 ,000 (257 , 809) PAGE ONE ( 1 ) - CONTINUED COUNCILMEN Requested by Department of: Yeas Nays Drew Masanz In Favor FIRE & SAFETY SERVICES Nicosia Scheibel sonnen _ Against BY Tedesco W i Ison Form Appro by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Navor: Date Approve by May for bm ion to Council By WHITE - CITY CLERK PINK - FINANCE GITY OF SAINT PAUL Council � � CANARV �_ DEPARTMENT Flle NO. ��`/�/� BZUE - MAVOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date SPENDING PLAN : (TRANSFER T0 : ) EURRENT AMENDED BUDGET CHANGES BUDGET 001 GENERAL FUND - FIRE & SAFETY SERVICES Fire Prevention 05110-111 Salaries 278, 180 157 , 055 435 , 235 05110-231 6ertified-Temporary 0 22 , 395 22 , 395 05110-221 Postage 0 290 290 05110-224 Telephone Installation 0 9 , 240 9 , 240 \ 05110-235 Auto Allowance 20,000 6, 750 26, 750 OS110-241 Printing-Outside 1 ,000 2 , 768 3, 768 OS110-253 Registration 1 , 165 1 ,066 2 , 231 05110-295 Moving Services 0 1 , 691 1 , 691 05110-367 Training Supplies 150 650 800 05110-381 Books , Publications 1 ,000 608 1 , 608 05110-383 Small Tools 0 40 40 05110-386 Clothing 2 ,500 6 , 073 8, 573 05110-813 Duplicating Machine 0 3, 000 3 , 000 05110-814 Other Office Equipment � 0 145 145 OS110-815 DEsks , Chairs 1 , 500 1 , 479 2 , 979 05110-816 Cabinets , Bookcases 0 1 , 400 1 ,400 05110-818 Other Furniture 0 7 , 591 7 , 591 05110-851 Radio Equipment 0 2 , 500 2 , 500 05110-856 Data Processing-Software 0 8 , 550 8 , 550 05110-857 Data Proces$ing-Aardware 900 7 , 299 8, 199 05110-898 Building Improvements 0 17 , 219 17 , 219 257 , 809 Net Change � NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts these change� to the 1985 BUDGET . pAGE TWO (2) , COUNCILMEN Requested by Department of: Yeas Nays Drew nnasanz _� [n Favor F; re & Safetv Services Nicosia Scheibel 9eRnen _ A gainst BY Tedesco W i Ison DEC � - 1985 Form Approv d y City At rney Adopted by Council: Date Certified Passed by Council Secretary BY gy ��2��QJ� �� !bL D � A►pproved Mavo : �I a- � ` �J ��r U -' � SAPP�oved 1 Mayor for Subm' to Council B � � P�1�9_ISHED D E C 141�8� FIRE &. SAFETY SERVICES DEPARTMENT G—�� NO 3407 , William Carrall . Jr . CONTACT 292-3541 PHONE November 22 , 1985 DATE 1 e�� e ,,,� ASSIGN NUNBER FOR ROUTING ORDER (Clip All Locations for Signature) : � Department Director 4 Director of Management/Mayor Finance and Management Services Director City Clerk � Budget Director � City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The responsibility of the C�rtificate of 0ccupancy Program has been transferred to the Department of Fire & Safety Services. Action taken on the attached Council Resolution will set up an adequate Budget for managing the Program. , COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: To increase the Fire Prevention Budget by $257 , 809.00 No personnel impacts anticipated. FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: $257 , 809.00 quired if under $10,00Q) Funding Source: 1985 General Fund Budgets Activity Number: 09061 , 03228, 03308, 03315 , OS110 _ ATTACHMENTS (List and Number All Attachments) : 1) Council Resolution .' � DEPARTMENT REVIEW CITY ATTORNEY REVTEW �Yes No Council Resolution Required? Resolution Required? Yes No Yes No Insurance Required? • Insurance Sufficient? Yes No , Yes �No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 . � - � ; ��=��y .- , �., '� CITY OF S�+.INT PAUL ; Ob'B'IC .Fu OF TH� CZTY COTTTCIL �,c.-!'�.�. �� t�i . .. � Cammitte� Re �rt � ' F F:i�.ance. Mana��ment,. � Fersannel Cammi�tee_ _ y � V 1. Aaproval of :ainuces from meecing hcid `lovemoer 14, 1985. �n U �� , . � / �`-�/ ,/ 2. Resolution amendi.ng C.1�. 25io2: to nllou for the estaol:sh:aeat o= desiqnaLed oay V pe^oc aL aonranr�ace cimes �o al2ow for the payner.t oi healt:� beneri:: to occu: wi hin a 35-�iay peri�d ��c by St :ez�yce. (Ris� titgmt. Caid over o:a 1I/l; � � 1�-/�� 4veZ I l�eek �.rtd►n��Ur��n C��r n t�lt��v�iYVi Ci 3.) Presencatzon r Ramsep uunt! Ta • c�on on tu Assessed Val asian �duct:.on. � , � �./ (Laid over :.om 11/I•i/35) � • • � . - �r�s��,�-�(, Sc�v��,,,1�e��- f�-�Y� C��u n c�. . � �4. ResoluL?on(sj anproving the financsng anc snendinq plaa for the ei.ty :Fvaaa Serv'ces InitiaLive Program. (Cocm�unity Services)j �Q�j� Q�e� �� ' -rz� ,Z/�,s-�-. � 5. Letter of e1FSG•!E Ceunci,l No. 14 asking for a revi.eW os the gxace o= the ti_le � Animal ConLml Of�'cc:. (Re=ezred to Finan� II/7/85) 1�%�J D v�l�. / 4 �z�!Z�pS� . � ✓�j Resolution authorizin g the e.mendirm af $20,00 allowin g the cit r to join wi�'t - ot r �et=n area �alities i.n procestin the YSP elecs:c :aLe incrase. 1 � i - ��CaU� • �2 es I �eauesLiag $20,000 to allow the city to oartici�a=e wit.�s o�4er cities - � - ►�� _ .__ . : i . 8: e 1 zon ng 2 85-I986 agr-emenz bets+een the City and the InLe�at:anal � � i Assn, of ?fac^.inists aa" Aerosuace t4or.cers AFL-Q . (P onnei) ' . , ,C�i� �i�� 0 ��S��s"� . � _ , � 9. Res utzon aa v�.ng I985-I98 Maintenance Lab 4greement betaeen t�e Inae�end:.�tt -: � ��D�t�r �6�and E�ec�caI 1�a;xe-s ocal 0. (Personnei) , ; J� r,� � �; r� ,d��"�'�� Resolutzan aut or_zing issvance oz I, 0,0 Port Authoriry Revens� 9onds : t6 finance the canstsuction of an office and distr_buLion center for RAB Assaci.aLes ; ia Riverview IndusLrial Area WesL. (Port ?�ucnoriry) j`�„n�� ,/J ' �'' ' f7f' �.V�«..._ . ' ! ' ;ll� Resolution auLharizing the issuance af $2,665,00� Por� Author_ty Revenue Bonds Lo • . � fiaan.ce tha aa�uisition ot buildi.ngs on the s.e. mreser oi Western and Oayton , Avenues for Carhedx�l Hill�rlssociates. (Port auLhor.ry) ��Q,l�--l/�_ • . f/ 13. Resolution authorizing proper city offieials to ntia:t ee to or�nen af Surglar Ire �)�e� � r� ' �"' r�� the i.egis2ative Code. . °- 13 s 1 t oa aut rizing issuance of � , ,000 Part duthor_r� Revenue bonds to finance Lhe acauisl on and remodelin of Canitol Iioliday Inn for eIBS �ssocist�s. (Port .�uthority) ��r�U�� - :�UL— 14. Resolutian auchori:.ing an sgreemenL with the h84, Dent. or Health to nroviae a Rerugee Health Progr..m ia ltamsey Co. for OcLOOer 1, 1985, throug' Seat. 3�, 1987. (Community Servicesj�� ` 1/�/v '�O .�.�f�� Q � 15. Resolucion amending che budget contral system established for sroecal �c:ads to provide a fle:cible budget concrol oncion for proprieLUy funds based on pmjec=ed • and actval fiscsl pe' r�rmj aace, (Fi./nance Dept� r�S �� _t� �� 1 16. Resalution aucharixi.ng agr nt th Whitacker B�ck and kerro Ponch-audi, Inc., for the le�e of unmariced Policr vehicles. Police Dent.) - L�� V�12-- � ��l,s—/5-- • NOT ON PREPARED AGEVDA: Resolution establishing the bud�et for the � Certificate of Occunancy Program that has b en transferred � to the De t_o ' e � Safet Sexvices. � , . . . _ ��i°'vv C:Ty HALL S VE►�ITH�FLOOR Sr1L�1'T PAUL,:�1Il�iNESOTA 55102 -�-" � V e�.