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280254 wMiTe — ciTr CLERK COUIICII ��c.� PINK - FINANCE G I TY OF SA I NT PAU L 1 CANARV - DEPARTMENT /.f ,�6 i] BLUE - MAVOR � . Flle NO. City Attny/PBB • • Council Resolution Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated July l , 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 Carlson Companies , Inc. , attached hereto, which Agreement contains covenants and obligations touching and con- cerning the following described property in the City of Saint Paul: Lots 1, 2 , 5 and 7 , H.L. Carver' s Subdivision of Lots 5, 6 , 7 and 8, Block 10, City of St . Paul (St. Paul Proper) , and Lots 4 and 9, Block 10 , City of Saint Paul (St. Paul Proper) ; 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 County Recorder, Ramsey County. COUNCILMEN Requested by Department of: Yeas Nays � Fletcher �� In Favor .�Aasaoa Nicosia sche�be� _ Against BY Tedesco Wilson �Y 3 1983 Form Ap roved by City Attorney Adopted by Council: Date ' Certified a-s d nci , c BY • `_ � ��y�� a sy t\pproved , vor: Date `5 , A pro by Mayor for on fo Council By B �� I��LiJiiED IVIN1� 1. � �`�83 �-��54- _�.`.�,;;p,:',,/ CITY OF SAINT PAUL ,� �,. OFFICE OF THE CITY CLERK �� u��iwi� ,, • �� L �� ALBERT B. OLSON, CITY CLERK '<: - , ,... 386 City Hall,Saint Paul,Minnesota 55102 �'+Tm��....c��r 612-298-4231 GEORGE LATIMER MAYOR r�ay 5, i983 County Recorder lst Floor, City Hall St. Paul, Minnesota Dear Sir: Attached for filing in your office are three certified copies of C.F. 280177, C.F. 280178 and 280254 which were adopted by the City Council at their meeting of Ma.y 3, 1983. Very truly yours, Albert B. Olson City Clerk Attach. dcr �� . �• _ � , � � 1 • . � � � � � . � STATE OF MINNESOTA ) County of Ramsey ) ss. CZTY OF SAINT PAUL ) Albert B. Olson . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ..City Clerk of the City of Saint Paul, Minnesota, do hereby certify that I have � 280254 �-.. compared the attached copy of Council File No. . . . . .. . . . . . . . . . . . . . G� � as adopted by the City Council. . . . . . �y. .3: . . . . . . . . . . . . 19 83. . . . {'`� : � :�- �--� and apprwed by the Mayor. . . . . . . . . . . May. 5:. . . . . . . . . . . . . . . 19 83. . . . ,.V t—� with the original thereof on file in my office. � � � . I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, 5th May 83 Minnesota this . . . . . . . . . . . . . . day of . . . . . . . . . ... . . . . . .A.D. 19. . . . �{,; �e°��'�`t�`�'�� '':� 4" t4 d:9 '� � � y�"^i' t`�g�' c; r;+ 4�'yJ`p� _ . . . •. . . . . . . ��' *i9t ..l 'S. 1C'�y,. • • • • • • � � � • • • • • • •�• .. � City Clerk. ,: � �:��,�.�� ,, � x� ��" ��!��'••. M' �� •q. ��e 1 �� . � � . ,Jz?�:% � a ,y. ,5., � l , :; � : _ �,. ___ J 1 �'+�+�TE — C�TY CLEHK L'L[�� l�� NK — i'{NANCE COUOCII ��R �J �eNeR� ,_ UEP�.RTenENT GITY OF SAINT ��AUL File NO. �� f Fj; �E �- MAVOR City At�ny/PBB � • . . .. . Council 1�Zesolution � ; / , Presented By ��'r'�� %'''/'" %�'%/ — L� Referred To Committee: Date Out of Committee By Date 0� K1 � 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 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. Pau1 Joint Venture; and Carlson Companies , Inc. , attached hereto, which Agreement contains covenants and obligations touching and con- cerning the following described property in the City of Saint Paul: Lots 1, 2 , 5 and 7 , H.L. Carver' s Subdivision of Lots 5 , 6, 7 and 8, Block 10, City of St . Paul (St. Paul Proper) , and Lots 4 and 9, Block 10, City of Saint Paul (St. Paul Proper) ; 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 County Recorder, Ramsey County. COUNCILMEN Requested by Department of: Yeas Fletcher Nays � ��'�- In Favor .Masaoc Nfcosla - scnstbsi � Against BY Tedesco Wllson �Y 3 1983 Form Ap roved by City Attorney Adopted by Council: Date • Certified d nci . c BY �� a By Approved � vor: Date `5 1 A pro by Mayor for � on Co Council sy B Y � " SB:CS43080 , �,��'�� A G R E E M E N T I /� THI S AGREEMENT, made and entered into this G� day of � � _ _ � u � 19�, by and between the HOUSING AND , � REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a I � Minnesota public body corporate and politic, hereinafter � referred to as the "HRA" , the CITY OF SAINT PAUL, a municipal ' corporation, hereinafter referred to as the "City" , NORTHERLY ; CENTRE CORPORATION, a Minnesota corporation, hereinafter ' referred to as "Northerly" , OXFORD DEVELOPMENT MINNESOTA, INC. , ' a Minnesota corporation, hereinafter referred to as "Oxford" , i ST. PAUL JOINT VENTURE, a Minnesota partnership consisting of `, Capital Hospitality Corporation, a Minnesota corporation, as a � general partner , and SPH Hotel Comgany, a Minnesota corporation, as a general partner , hereinafter referred to as � I �� I� "Venture , and CARLSON COMPANIES, I�1C. , a Minnesota � � corporation, hereinafter referred to as "Carlson" . I WITNESSETH: � WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. R-20, undertook to develop a pedestrian i skyway system within the Downtown Central Business District, hereinafter referred to as the "System" ; and WHEREAS, the City, pursuant to Chapter 764, � Laws of Minnesota 1973, is authorized to operate the System; and WHEREAS, Northerly owns a parking ramp and skyway structure located on a portion of that block bounded by Fifth, Sixt , �r..= 3 _2- [� ( I , SB:C5515�U ,: � � ' � � ' 2,�� under such warranties. HRA will cooperate and assist in any � � � l� prosecution of any lawful and proper claim which such parties I c� � `1 may later assert against the contractor (s) and/or architects or � . _ � i. � others arising from faulty design or construction of the skyway ! I i bridge. i i CONCOURSE CONSTRUCTION � 3. Northerly shall be responsible for and shall pay all : costs incurred in or necessitated by the construction and ; completion of (a) a pedestrian concourse within the skyway ', level 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 ATortherly 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 finished ceiling surface as constructed from time -6- � , SII:CS51680 .- �,� m - � to time in the areas as set forth in Exhibits B-1, B-2► B-3 and r '. r � g-4. Said grants of easement shall be in the form attache � hereto as Exhibits C-1, C-2, C-3 and C-4. i In consideration of Northerly granting said easements � 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 location of easements. In further consideration of Northerly granting said easements in the Northerly Building as shown and described in Exhibits B-1, B-2 and C-1, HRA and City agree to execute a separate agreement with Banco Properties, Inc. , owner of the premises located immediately south of and attached to the I___= Northerly Building, for the vacation of that portion of an existing easement within said Banco premises shown on Exhibits -7- I SB:CSSI6�U � � �F,� r.� .. " � B-1 and B-2 as "Vacated Easement" , and for the removal a� � � disposition of all public improvements located within such �` sement including an escalator , as is provided in such ! ea . ' separate agreement. The easement areas and skyway bridge herein concerned, � except only that portion of the easement areas not necessary to ` 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. Sundays to 1: 30 a.m. Mondays, on two week 's prior written notice by Venture to 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 necessary 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 personal and/or r��= property safety and security, the City shall take appropriate � action to further limit the hours during which said easement -8- J6 SB:C5516�U : � � '- � � . Q� - � �F t�" ►_ ,. ' � B-1 and B-2 as "Vacated Easement" , and for the removal a� . f� � disposition of all 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 ' 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, incluc3ing until 1: 30 a.m. , Sunday mornings, and, at the option of Venture, for designated hours between the hours of 7 :00 a.m. Sundays to 1: 30 a.m. Mondays, on two week's prior written notice by Venture to 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 necessary 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 personal and/or r�= property safety and security, the City shall take appropriate � action to further limit the hours during which said easement -8- � 6 " SB:CS5Lb80 . . � � , 2��5� � 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-1, C-2, , � C-3 and C-4 shall be more specifically described after survey ; � by a registered land surveyor of said easements, which survey shall �be furnished in recordable form at the sole cost of HRA. ' ; 7. 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. 8. 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 through 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 have to share in an award of damages in the event that a public body acquires all or any part of the aforesaid buildings or �r..- 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- � � 5�:L551b�V I ` . �' n1 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 constitute property ;� r-- �, � leased, loaned or otherwise made available to second parties, I � or any one of them (within the meaning of Chapter 272.01 (2) of � � Minnesota Statutes) , it being understood that said skyway ' { bridge is intended to benefit the public generally. � OPERATION AND MAINTENANCE � ; 12. Commencing seven days after receipt of written notice �, from the City of substantial completion of the skyway bridge, Owner A-4 and Northerly shall 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 maintain 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 include, but not be limited to, glass, floor , hardware and metal trim cleaning, polishing, repair and replacement, roof maintenance, repainting, light bulb replacement and light fixture cleaning. The HRA 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� -10- I � J D:V v Y�v v v - _ � �- onable"an�' "�� '. � in accordance herewith shall be subject to the reas . �,� , � timely approval of the HRA and City before commencement of the ; � � work contemplated therein. Lack of approval or disapproval of � � the plans and specifications 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 date � - I herewith, hereinafter "Maintenance Agreement" , which Agreement ; provides for the sharing of maintenance, operating ancl repair �I costs and responsibilities for said skyway bridge and its � integral parts and related equipment. I 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 pedestrian travel, Owner A-2, Owner A-3, Owner A-4 and Northerly hereby agree to provide 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 respective public easement areas within 30 days after r� the City may � ` receipt of written demand therefor by the City, - undertake said reasonably necessary repair , maintenance and -11- ! 3 � SB:CS51680 � � , � , . � (1 operating tasks, and the costs incurred by City for said � maintenance, repair and operation shall be assessed to and ; � the defaulting property owner (s) or shall be paid forthwith by � their 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 ' manner provided by law. I: i 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 the 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 from 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. SURETY BONDS AND INSURANCE 18. Commencing seven days after receipt of written notice i��•- from the City of substantial completion of the skyway bridge,' Owner A-4 and Northerly shall together furnish and maintain a -12- � `� oD�VJVJUV . � � 1�_ 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 furnish 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 the easement areas to be granted through Parcel A-3, vacated East Seventh Place 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 municipal liability limits are altered at 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 costs of insurance required herein relating to the skyway bridge shall be borne by Owner A-4 and �~��. Northerly. All costs of insurance required herein relating to the easement areas shall be borne by the property owners responsible therefor. . -14- / / S � SB:CS51680 � y . ; °� � � 2�(��5!� �� surety bond in the amount of $50 ,000 for the said skyway bridge � c-� li � to and in favor of the City of Saint Paul, as obligee, � � conditioned that said property owners shall forever indemnify _ � and hold harmless the City in accordance with the said Ordinance against all expenses and liability on account of all costs, claims, suits and judgments arising out of or connected with the maintenance, operation, 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 and 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 l. 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 t = construction contract, copies of which are attached hereto as, Exhibits D-1 and D-2. -13- �� SB:CS31680 � � . m_ , . � SKYWAY DIRECTIONAL SIGNS . � � 20 . All directional anc� other signs to be installed within � the skyway system on the properties of Owner A-2, Owner A-3 and Owner A-4 shall be located as shown in bchibits B-3 and B-4 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-l. 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 Buildinq. The cost of installation of the sign in the Northerly Building shall be borne by Northerly. The cost of operating, maintaining and repairing all the signs herein shall be borne individually by the party on whose property the sign is located. If 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 desiqn system established for skyway signs. BINDING OBLIGATIONS 21. This Agreement is 5ubject to the terms and conditions of Ordinance No. 16617, as adopted by the Council of the City ,�r '� of Saint Paul, and all its terms and conditions are -15- � � SB:CS31680 � � . I'n_. , . � SKYWAY DIRECTIONAL SIGNS . � � 20 . All directional anc� other signs to be installed within � the skyway system on the properties of Owner A-2, Owner A-3 and Owner A-4 shall be located as shown in E�thibits B-3 and B-4 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-l. 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 all the signs herein shall be borne individually by the party on whose property the sign is located. If 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 siqn 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 r-� of Ordinance No. 16617, as adopted by the Council of the City .� � of Saint Paul, and all its terms and conditions are -15- � � . SB:CS51680 ��,� � � 2��'25� , � (� incorporated herein by reference. Owner A-4 and Northerly are I f � considered to be "permittee 's successors" under the terms of i said Ordinance. ' 22. The parties agree that in the construction, 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 ; i 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 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. 25. 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, or interest therein, and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other t.._ form of venture. In the event of transfer of property owner 's � said interest, the owner (seller) may be freed and relieved, -16- � � � , SB:CS6380 � n1 , -. �, , . � � 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 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 deed 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 Place and Parcel 27 upon 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 may 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 �r .- Northwestern Bank Building Company � 840 Northwestern National Bank Building , St. Paul, Minnesota 55101 Attn: Mr . James Thomson -17- !� ! 5�:�5��u � � � • To City: 1'�1 � �1 Director of Public Works (� Sixth Floor f City Hall Annex — 24 West Fourth Street � St. Paul, Minnesota 55102 To HRA: Renewal Administrator Housing and Redevelopment Authority of the City of Saint Paul, Minnesota Twelfth Floor - City Hall Annex 24 West Fourth Street - St. Paul, Minnesota 55102 To Oxford: Oxford Development Minnesota, 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 �r-=: Minneapolis, Minnesota 55441 - Attn: Mr. John R. Heim • -18- � � � � : - . � . �t��?�!� . C �� HOUSING DEVELOPMENT AUTHORITY � y� OF THE F SA PAUL, , MINNESOTA . �'` � . �. By ' � - t � ��E,I�C� � � . By . C-�."779�- . . �, CITY OF SAINT PAUL � � _ � • - APPROVED AS TO FORM . . � . By . ' ts a r 7-23-So By �/� . Its re or, Department of P ann�ng < d Eco ' c Development � . By Its Dir t r, Department o inance � � � nd ment Services � U Y . Its City C er _ � �iW�- . T) Pedestrian Skyway 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 ' � URBF 76500 2) Concourse: Reimbursement to Oxford $182,029.00 . URBF 76500 : ' � � � � �( . , STATE OF MIIINESOTA ) � � ' ? � ' � SS . " � � � � K� COUNTY OF RAMSEY ) - . " : `+, : . . - � . � t- On this � day of , 19� , efore me a o ary " Public wit }n�and for aid nty, peared O-s� '� and ' � , to me personal y nown, w o, einq ea . by me u y s�orn i say t they are respectively the - ' e� and of the H G D REDE LOPMENT AU^1HORITY OF TH� C OF. T .A L, MINiVESOTA, a � Minnesota public body corporate and po itic, that said instrument was si ed by authority of its Board o o ' ssione 'rs, nd said .� and �� acknowledged . s ' d instrument wa t e free act an deed of sai corporation. ;}pANNE RETTNER � q pOiAkY iUBLIC—�IN��SOTA RAMSEY COUNTY 1986 - . y pJ�or.29� . � �Y CUMMi9510µ E%F1RE9 . . � . . � , . . w. � I ' � _ •� ' �� . • . COUNTY OF RAN;SEY ) ; 2(��C�� t?F.oU � �� " ' ' ' .The fore oing instrument was acknowledged before me, this �-'� - day of , 19�p, by GEORGE LATIMER, Mayor of the CITY . - _� OF SAINT PAUL, municipal corporation �of e State of Minnesota, on p� behalf of said City of Saint Paul. � . f1/� - _ . . � (� � . ` . -� . _ � STATE O� MINNESOTA ) - ' . � ' � � IEEAf�N TURCHIN �( SS.• " NOTARy pUg�lC—MINNESOTA . ' ' . � COUNTY OF R.AMSEY � RAMSEYCOUNTY . . My Comm.Ex�kes June 11,19g7 a; � , The � e oing instrument was acknowledge e . j this �� day of , 19�, by GARY E. STOUT, Director of the Department f P1 ning and Economic Development for the CITY OF SAINT . PAUL, a municipal corporation . of the State of Minnesota, on behalf of _ the City of Saint Paul. � � � : . \ . . , . � ' 7i,��.J,a,2 i�`:�f,a r n y p,�a r ti��„*,,�n•v,a�,,,T�»k�e.aA.�C � STATE OF MINNESOTA ) � SF4AR�N J. PETERSON � ►SS• � � ��,�q ,, n ,ti r,., .�y CO. MII. . e � ' rn� ��,,,. n ��,r,�� XPaRES COUNTY OF RAMSEY � - � ' °:;�,-y�r�c' ; . • The oregoing instrument was acknowledged before� me, this 7�_. 5 t�, • �, day of , 19 Sl� , by BERi1ARD J. CAR.LSON, Directo=� of the Departmen of Finance and Management Services for the CITY OF SATNT PAUL, a municipal corporation of the State of Minnesota, on. behalf of the City of Saint Paul. ' _ , �n'1 . � � ■ � JEANNE M.ANDERT �� NOTARY PUBLIC—MINNESOTA STATE �F MINNESOTA � �RAMSEYCOUNTY. __--_ --____ � $$ . • • - My Comm.Expires Apri1 10,1987 _ _ _ _ COUNTY OF RAMSEY ) '� ' � The foregoing instrument was acknowledged before me, this � day of � , 19� by ROSE MIX, City Clerk for the CI Y F SAINT PA , a icipal corporation of the State of Minnesota, on behalf of the ty of Saint Paul. • � �►_!�� C.i��► . . . �� LEEANIy 7URCHlRt' � �� t�`�, N07ARY p � . � �'" � RAAASEY�—ARINNES07� ::; _ My� COUNTY � . Y �m•ExPresJune i1, 2987 - . � • � � . � . . �3 � � - - . _._..__. _._ . .. .. . . . _ :.. _ . : _ �. - . � �:,� � � , . ( '� . . m � ' NORTHERLY CENTRE CORPORATION � ' . � . , . � . . f� B�, ° �' I ts . r� �v-�� ' . . BY �- �'�� s,�y � '.. I ts � STATE OF MINNESOTA ) . � SS. � � . . - COUIvTY OF ) - : On this �day of , 19�; before me, a Notary Pub2ic within and for said County, appeared �� and � �i�i�, , to me personally known, wha, being � . ;, ` each by me duly sworn, did say that they are respectively the _ l _ _ �� and��i�� of NORTHERLY � CENTRE CORPORATION, a Minnesota cor�oration, �that said instrument was - signed by authority -of its Board of Directors, and said and � acknowledged said � instrument was the free act and deed of said corporation. : . - ��G � i . '"� TERESA A. McGUIRE . : .�� NOTARY PUBLIC-MINNESOTA • � RAMSEY CQllNTY . � . � � . MY COmmission Expires r.+-�r.30, 19b•1 • - � �. - " . . . �. • . • . � � _ . . � • � , " � � - � i � _ 7 ' •O�� -...._....._. _... _ ........._-.-.__ _._ .. . _..-_- _ :,.... " . . , . - . .,._.r. - - . '- . ._ .:- . :.r,.. ,.r.-.'...-..�...�..-,-r+c--.��y...r=c--.�x��s._�. -.._..,.,.�..._....a..,..,-:. _. . ....:. _.. �._....., ."_. . . . .. y . - � �.� . . � � ��2�!� K� O}:_OR� DEVELOF?•:�NT }�ili`i�ESOTA, IiJC. � � - � � � � By �/ � /�j� ��' - '� . Its -'�r , . - 0 . " _ - " � _ . BY . Its � � < . . -P• _ , ;: STATE OF 1�IIvr�ESOTA ) . . . . ) SS . COL�ITY _OF HENNEPIN � . On �his �,/,� day of _ JU1� , ..19 80 , be�'ore me , a Notary rrs��.�� . P�_bl?c witnin and for said County, appeared "� . o � ��! . �--nd L. c. near�orff , to me oersonally known, who, being each , - , , by me duiy sworn, did say that they are respectively the - - _. - --'�i-e�e President and Vice President . Of OXr�ORD DEVE�OPMENT - MINNESOTA, II�C. , a i�innesota corporation, that saic3 instrum�nt was . ' ' signed by autnority of its Board of Directors, and said - � �=�,�c.�:.� (� �:�"�,,�.�� _ . _ - � on-� �d L. C. Deardorff dCJCriOWZC'ec�E3C� said' instrument was the free act and deed of said corporation. - ---;--� - �-� � � J�^MM1yV�A Tt ' -' � <, ,.� , JUDITH GOBEN S �,. s <!.:'�:� NOTARY PUBUC-�iihNESOtA � �"�'�` HENNEPIN COUNTY � - - S My Commiasion Expires luly 2, 1985 , x Y - � � � - � : � � �'�� , �. . � . . � ST. PAUL JOINT VENTURE - . h= c�- �• Capital Hospitality Corporation . � � . B � Y , • I (�� is�/�' .� - -�.�, l S Hotel Company . By" . . . . . _ Its ��,e� . , " STATE OF MINNESOTA ) � ) ss. � COUNTY OF RAMSEY ) � �he fore instrument was k led d efore me this • / . bY , the of C TAL HOSPITALITY CORPORA- � TION, a Minn sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the • partnership. � ■ CATHLEEN A.STAYBE �� NOTARY PUBLIC—MINN£SOTA DAKOTA COUNTY S TATE OF MINNESOTA ) W�mission Eupires Oct 10.1989. r ■ � SS. _ COUNTY OF RAMSEY ) � �The fore i ins�ument was ac owl dged before me this a . bY . � � the of SPH HOTEL COMPANY, a Minne- sota c rporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. .,�n,�n,wv�„ , CATHLEEN A.STAYBERQ- �� NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY � 0 My Commiuion Expires Oct. !0. 1985. � x � �� . _. ..._. .. _. .._ _... ,.- .,-:- ..,,�:-:r:^,�,{--�-. _:.-_--m• . „ -:.��- ...... . ., ' . � ' — .- -,tf r-r�:s::r "'y:�x.''s�;:,+tt,r*i¢I�i-�-• ' � �:71.f�� CARLSON COMPANIES, INC. � f'n � � � s Vice Presi nt � � STATE OF MINNESOTA ) ' ) ss. COUNTY OF RAMSEY ) On this- � '�'day of , 1980 , before me, a Notary Public within and fo sai ounty, appeared John 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 r `"� NOTARY PUBLIC-MINNESOTA DAKOTA CpUNTY w��oa.�o.i�as. _ �� +N�Ar - o[v�a7y[NT V A Jl x v " ^-"' '` •• " "' "� " rilc f'IU. �,ve _- w�vo� : � • `. . Or�i��nce � ��r� � -� ' , - � � Ordinance N 0. � �en�ed By �� ' . Referred 'fo Committee: Date • ' � Out of Committee By Date � M . . . . . �� . . � AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE� � • . � HOUSING AND REDEVELOPMENT AUTHORITY OF TNE CITY OF SAINT PAUL, ' � MINNESOTA,. A MINWESOTA CORPORATION; AND ITS SUCCESSORS. OR ASSIGKS, _ � PERMiSSION TO CONSTRUCT, MAINTAIN AND OPERATE TNE FOLLOWING OVER- � �� . HEAD PEDESTRIAN PASSAGEWAYS OVER PUBLIC STREETS WITHIN TNE CORPORATE '. . LIHITS OF THE CITY OF SAINT PAUL; AND . . 1) ACROSS EAST SIXTH STREET BETWEEN TNE INTERSECTION THERE- . � WITH OF NINNESOTA STREET AND CEDAR STREET, SAID OVERHEAD � , PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE EXISTING � NORTHWESTERN NATIONAL BANK (NORTHiJEST CROSSING), ON THE � SOUTH SIDE OF EAST SIXTH STREET TO THE RADISSON HOTEL/TOWN _ . SQUARE COMPLEX ON THE NORTN SIDE OF EAST SIXTH, STREET: . . � 2) ACROSS MiNNESOTA STREET BETWEEN THE 1NTERSECTION TNEREWITt! . OF EAST SEVENTH PLACE AND EAST SIXTN STREET, SAID OVERHEAQ • � PEDESTRIAN PASSAGEWAY TO BE EXTENDED FRDM THE RADISSON fiOTEl/. . TOWN SQUARE COMPLEX ON THE 41EST SIUE "OF MINNESOTA STREET TO THE BREMER BUILDING ON THE 'EAST SIDE OF MINNESOTA STREET. . � . . . � _ THE COUNCIL OF THE CITY OF SAtNT PAUL DOES ORDAlN:� � - � Section 1 . . . That permission and authority hereby are granted to the Housing and Re- .• devetopment Authority of the City of Saint Paul , Minnesota, a Minnesota ' corporation and/or its successors in interest to construct, maintain ar�d oper- . - " ate the following overhead pedestrian passageways over public streets witfiin the corporate ltmits of the City of Saint Paul ; and . � COUNCIL,MFN Requested by Depattment of: Yeas NaS�s ' - • Butler In Favor - Houa Hunt � B � Lcvine . Against . y /� � Maddox � . . - • Showalter ' � � � Tedesco Form Approved by►City ttorney� n . Adopted by Council: Date � ' �� ` /' �/ :ertified Passed Council Secretar . _ By 1 . /� bY Y : , `� 'C ( l, . v , Appr � by T►Sayor ior S mi �ion to Council �p� !,pproved by T�iayor. Date � � ; b By EXHTF3IT "A'_ By � � '� -' `�'y . � .-; � : � • , -2- � C�� . . . �� . . . , �G� ��1,�� , - , . ' 1) across East Sixth Street between the iritersectton therewith � of Hinnesota St�eet and Cedar Street, saTd overhead pedes�trian � passageway to be extended f�om the existing Northwestern NatTonal � �J1 Bank (NorthNest Crossing) on the ,south side of East Sixth Street � to the Radtsson Hotel/Tor�m Square Complex on the north side of . � East Sixth St�eet. - � � — . • • � 2) across Hinnesota Street between the intersection therewith of East Seventh Place and East Sixth Street, said overhead pedes- trian passageway to be extended from the Radisson .Hotel/Town ' Squa�e Cor*�p1ex on the west side of fiinnesota Street to the Bremer . BuTtding on the east side of Minnesota Street:' � . � Section .2. � - � • That the Director of Public 1•lorks is fiereby authorized to issue necessary - permits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction. maintenance� and operation of•. � said overfiead pedestrtan_ passageways according to the plans and speciftcations �' approved by the Department of Public Works and at the separate cost and expense of said permittee, upon said permittee's cornpliance with. the foilowing conditions. _ � a. . That said permittee and/or its successors in interest� shall., -at its own cost and expense and in accordance ��rith all applicable ordinances . �- of the City of Saint Paul , statutes of the State of Minnesota and — _ regulations of public authority having cognizance, 'construct, main- tain, and operate said overhead pedestrian passageways hereunder; - . b. That said permittee shall pay the costs for the publication of . this Ordinance; � . � � � . . . � � � c. That said permittee shall � pay the costs of administration, �engin- �-� � eertng, and inspection incurred by the Department of Public Works : . due to this undertaking, said costs are estimated to be a sum of� . • - . Six Hundred Dollars ($600.00) fo� each overhead pedestrian. passageway noted above and shall be accounted for�under separate - Department of. Public Works Project Number(s) ; . d. That said permittee shall furnish the' Department of Public Works - all documents of record for each overhead pedestrian passageway above, that are a part of the contract or incidental to its execution including, but not limited to, addendums, award of . � contract, contract amount, "as built" plans, tracings and tracings - of shop plans; . _ , . e. That said permittee shali construct each overhead pedestrian passage- - ,�~ ,` way to the satisfaction of the Director of Public Works and in . , accordance with approved plans and specifications of the Housing and Redevelopment Authority o� the City of �Saint Paul , Minnesota; said " . plans and specific,ations on file in the Department of Public Wo�ks. . � � ' - . . l • • ��. . • p y/� 1 ^(�F• - � -_ �G �,��1 t 3:c;:,� ' . - � � . . , . . -3-. . ��-2(� —7 . ; , . . ( r , ' � , �n • � � Such construction shall be made in strict compliance with the � American AssocTatton of State Highway and Transportation Officials � (AASHTO) Specifications, as amended, and the Uniform Building Code � and be authorized unde� a building permit issued by the Department . of Corrmuntty Services, Division of Housing and Building Code ' . Enforcem�nt; � � . . • f. That saTd permittee and/or its successors in interest shall fuliy indemnify, hoid harmless, and defend the City of Saint Paul , its agents, officers and employees from any and all damages, claims, . . iosses, Judgments, suits or expenses and on account of all cla.ims of wf�atever nature for inJury to person(s) and/or property arising � out of or connected with the construction, erection, maintenance, operation and/or removal of each overhead pedestr'ian passage�,ray . hereunder; and that supplemental to a11 other obli_gations, on their� " part, JotntTy and/or severally, hereunder, said pe�mittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor� Casualty Insurance Coverage, with � a duly iicensed Casualty lnsurance Company to the extent of � � $500,000.00 �for injury to any person and/or persons in any single - - - . incident, and to the extent of $200,000.00 for damage to property - � in any single accident, ��a�mnifying the City of Saint Paul against - liability on account 6� - • claims of third persons for in}ury to �. �` � person(s) and/or property arising from or connected with the con- struction, erection, maintenance, operation and/or removal of .said � struct�res hereunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City of Saint Paul ; . , g. That said permittee shall not proceed with construction unless and until said permittee shall have fully complied witfi the provisions �egarding insurance and indemnification contained in the City of . Saint Paul , Department o� °ublic 1Jorks "Standard_ Supplementai _SpecT-� • fications for Highway Construction", dated June 1 , 1978, Section � numbered 1305.2. For the purpose of this Ordinance, the aforesaid . Section of sald Specifications �shall be read as though the word "pe�mittee" was substituted for the word "contractor" wfierever same . appears therein. 5ection i305.2 of the Department of Public Works,� City of Safnt Paul. "Standard Supplemental Speciflcations for Niqh- � way Construction" dated June 1 , 1978 _is hereby incorporated herein � by reference as fully and as completely as if set forth herein verbatim. � � . . h. That said permittee andlor its successors in interest, shall among � othe� things, at their own cost and expense make adequate and . � effective provisions therefor and drain all moisture, rain and snow ��= which sha11 accumulate thereon by proper devices througN each over- � � head pedestrian passageway and in a manner so that the flowinq and/ . o� .spilling of same on any �part of �said sections of said Public Streets shall be prevented at all times. �Said permittee and/or its � C .� � . ' - . • � . . . - . �� - I. \ 1 . . ' �1/1✓ ' ' �G4 "��"' . , ' , -4- � , . x •-�� . . '> ' • � • •. , • •' �� ► �� • . _ , � I _ � ' ' successors in interest shall maintain and operate each over- head pedestrian passageway at its, sole cost and expense i�n a 4� safe condition for pedestrian travel , such.maintenance to include, � _ � but shall not be ljmited to, glass, floor. metal trTm, and hard- • � � ware cleaning� polishing, and replacement; roof maintenance; � repatnting; light bulb repTacement and' light fixture �leaning; and (� � the supply of heated and cooled air within each bridge to maintain • � temperatures comparable to that normally maintained within heated � and aTr-conditioned office spaces; . ;� . , , i . That sai.d permi ttee and/or i ts successors i n i nterest shal l ,• at •al l � . times, construct and maintain all of the supports of each overhead•• . pedestrian passageway noted above entTrely within the lfnes of the � subject private real estate and entirety without pubiic street �lghts-of-way; � � . _ J. That said permittee shall notify the Traffic Surean of the Depart- ment of Public Works if the. construction or maintenance of each overhead pedestrian passageway shall make necessar� the closing of Minnesota/East Sixth Streets or any part thereof;all expenses - . � incurred by the Trafflc Bureau in fu�nishing, installing, o� re- � ' movi.ng barricades, signs, and other control devices shall be paid � � by_ the permittee; . � k. That said permittee and/or its successors in interest shall not use ' � . �- any part of eithe� overhead pedestrian� passageway for �any adverttse=� ment or display purposes, without tfie written consent of the City of Satnt Pau1 and the appitcation thereto of any advertising material or display shall be deei�ed prohibited by this Ordinance; • 1 . Tiiat said permittee and/or its successors in lnterest shall � at a]1 � . pertTnent times, in the construction, maintenance, and operation of.. each overhead pedestrian pas�sageway fiereunder, p�ovTde a minimum - . , vertical clearance of at least 17 feet 4 inches between and through- � � out the course of the bottom of each structure and the surface� of ' - � each sectTon of Mtnnesota/East Sixth Streets� except as may be alterod by the City's future street wo�k in each case; " _ ' m. That sald permlttee cxpressiy agrees to �cornply wlth Chaptcr 216 of � - the SaTnt Paul Legislative Cbde, as amcnded. pertaining to strcet obst�uctions; � n. That said permlttee and/or its successors in Tnterest shall conplete - the construction and e-�ction of each overhead pedestrTan passage- . way by not iater than one (t) year after corrmencement� of construction. � Said comrnencer�ent shall be evidenced. by Pubilc Works' receTnt of a r-�. written notiflcatlon thereof, and shali be dated therein, as further - � provided for under Paragraph (o) below;� � � . _ � . - t - � • • � - . � � � � 3( �� ,�p � � ° - . ' , . , _S_ � �'�y�:^�.`' . d �.=��::j . . .' _ ' . , , �. � ' . / ' o. That said permittee shatl notify the C1ty Bridge Engineer. of � � � • � the Department of Public Works before and when construction . �, starts and notify the same said Bridge Engineer when construction " t� � has been completed to allow for a final inspection of each over- � (� head pedestrian passageway hereunder. � � � p. That each overhead pedestrian passaqeway shall be remoyed by : and at the sole cost and �xpense of said permittee and/or its successors in interest whenever the Council of the City of Saint . Paul shall by Resolution determine such removal necessary in the � . • . public interest and accordingly orde� the removal of eittier� , structure from said location; � � . q. That said permittee shalt , within the period of ten (10) days . . _ after the. publication of this Ordinance, file with the City Clerk � � its written acceptance of this Ordinance and agreement to be bound by all the provisions, terms and conditions thereof �rithout �limitation which written instrument of acceptance and agreement � shall be 1n the form approved by the City Attorneyi � r. .That upon the execution of an Agreement by and between the. City of Saint Paul , the Housing .and Redevelopment Authority of the City� � of Saint Paul , Minnesota, and the applicable buiiding/property owners �especting the aforesaid pedestrian passageways noted above, the . pe�mittee, the Nousing �and Redevelopment Authority of :the City of _ __.. _ - � , Saint Paul , Minnesota shall be relieved of any furtfier obliqation under the terms of this Ordinance, and the successors in iriterest of tEte permittee, the appiicable building/property owners, shall be responsible for paying the insurance premiums of�each overhead . pedestrian passageway connecting their buildings and shatl also be responsible for providing the maintenance and operation of same; � s. That upon the Housing and Redeve)opment Autfiorlty's conveyance of � its obligations under the terms of this Ordinance to the�above . . _ successors in interest. saTd permittee's successors tn interest shall furnish and deliver unto the City of Saint Paul a Surety Bond � � in the amount of Fifty Thousand Dollars (S50�000.00) for each over- . � . .head pedest�ian passageway (bridge) hereunder, made and �cxecuted by said permtttce's successors in interest as Principal . and a Corporate Surcty Company duly authorized to transact busl�ess Tn the State of Hi�nesota as Surety, to and in favor of the Ctty of Saint Paul as obligee, conditioned upon the permittee's successors in interest • . complying with the terms and conditions of this Ordinance and also . conditioned that, 'in the event the permittee's successors 1n inte�est � fail to maintain or repair each overhead pedestrian passageway to a . - reasonable standard of safety. or fail to remove elther overfiead r�= pedestrian passageway hereunder upon order by the Council . the Ci.ty of Saint Paul may undertake the maTntenance, �epair or rcr,oval � � thereof and may recove� its reasonabl��cost incurred thereby from said surety, �ich Surety Bond sha11 remairi Tn full force and effect as long as each overflead pedestrian passageway or any part tfiereof remains in that -t portion of public rights-of-way as shown on plans on flle wtth the Depart- � ment of Public Works. The Surety Bond shall be in such form as shait be � .� . . 3�- . �^IfPA�'- OCPARTMENT ��Y O� �A i N "1 j�11 U L ' '� `""/� ��uc ..- �+wroa File N0. - •- ' . � � Q /� . • � � O��Z�IZG��ZGG Ordinance NO_ � lS>�2� � _ • � IG��f..�� • 'r•^ses�ted By '— ! • \ . Referred To Committee:� Date , Out of Committee By � f � Date � I� : � - J . . � h ' ' � . -6- � � t` - . . � 'approved. by the City Attorney, and shall fiave �such surety as sball • • be approved by the Oirector of Finance and Management Services; . � t. That said permittee and/or its successors .in inferest shall su6mit � _ p�oposed plans and specificattons to the Department of Public �rks for review and approval of any intended structural repairs or �ajor " maintenance work on each bridge, before any such work is carriEd out. - � Upon cocnpletion of such structural repairs approved by the De�artment of Public Works, permanent� reproducible tracings shali be furnished tfie Department showing the wo{k done and marked with any "as built" � _ changes, as�wei�l� as reproducible shop d�awing tracings of. the same; - u. Tf�at the successors in interest to the permittee i.n each �instaRCe . • - shall submit the necessary insurance documents to tfie Office Fngineer . . of. the Department of Public Works. Tfie Office Engineer in �turn sfiall � �_ submit said documents to the City Attorney of �the City, of Sa+nt Paul for review and, if said insurance is sufficient, said documents shall be filed with the Director of Finance E Management Services of the City of Saint Paul . � Section 3. . That this Ordinance shall take effect and be in force thirty (30) �ays _ _ _ . f rom and after its passage, approval and pubiication. � . • � COUNCILMEN Requested by Depa�tment of: . Yeas ��y, flj� Nays / . . �� Publ ic blorks �_ ' In Favor � ': ; : A , . Hunt 0 BY �� L.L.�� - � ;�' ��.0 L l. � 1 Levine Agatnst . Maddox � . Donald E. Nygaard, Directo%(TJ.E/f�'AH) Sho ' � � esco ��, ,� 1979 Form Approved by Ci� Attorney ' Ado d by Coun ' . Date ' � ` // � � � gy ' �., :'1 ,�/�i � _ertified . ed by ou 'l Secretar . , ,. � � i �� -: �. j• .. • ' �• '' � . .,, u _ � � � �� : 1 , AQp o by h1ayor for S brr�ission t Council ,'lppmve by ASayor: v�te ` 1 � 7 '� 3 . � 1� ��- �w'✓ >� -=-��\�� .1:'-�'-. By V��, ` �- �' � •' �; � ' � TOWN S�UARE RAD l SSON PLAZA I�(�1 EL ��'��!� . , , � _ � _ . . . ` � � yl �� TO��N S�UARE __ --- RADISSON PLAZA I�OTEL = • � _ � � � � � - � - - , ; - i . � . � _ � ._ _ - _ _----- Sixth Street . . � . �.---- � :.� .. ;.�_ ___ _ . � � . . ::��;::. � :�.: � � �:: � 1 12� ::-�-- +-�� NORTHERLY BUILDING * ' � •��'�° (Skyway Building) � (�. : _ _ � ' I � . . . . �.Yf.' I n 1. � _ I � • �, IL . . . . _ � -.. •:�� . :�': ; � � �� :;`.:�t.':.•�.'::.•. _' � _ :;: C10Ck�"� 6��edr :�'� - :7� i ::ti:: .,� - :,e, �:�•: •.�.•. :Y. �•%'.' �ai. . • 'ii� . '.�• '_ 'uu+ :`.� ' :f• t;;;: ;:r;: :�i:;a .'c e ..14 .•� � • ■ .+r+•j � 4 a 1 �i;�; '�?�'�.�''•' ' • ' ' I � �, ;., •:~• : ::.;�— easement to ` � I . ::,:: �::: ��: f be vacated ' k�-. .:;�ti _ s � � � R .�� i j-�_ �� =�::�f BANCO PROPERT I ES, I NC, - - � � �.�� (Northwestern National Bank) EXHIBIT "B-1" � � � � `f•`�� Skyway Level �... :•:Y..: � :::::• :new easement . �` � • � . :existing easement� � . ' ' �:`� � --_________--_—_-.--. :':"r.�b r i dge � V �� _.---- .—. d i rec t i on al s i gn ? _ --�=�� ; � 4� - , :� � `', ' ��l."�.iLJ� , , �� ^_ I ('� by ordinance, concerning open hours, or temporarily closing '� part (s) or all of the easement, or concerning public conduct ('6 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 i legislated. � t � . 'w--�--+��—�_—:._._.._—a--- • w � w • N , 1 �_ t r M � � w w �y� ' -:;�...*r�A•-.�.-..;-,T:rrr.+�?:-Y.`>;-.�:•: '�'-- � ..11.." _"'F, 'Y_"_..�__.� I �I i y��.^- -- I•: tmr�-. -�n-r �•J� .��: .'. _ _ ':.'"!1'T.. ST. �«�, 'Y..}i.f.v k• � �..�'. .�.,f .�� '.Y. •i�:i � ��J.. .'•yn�• _ _' •'•LL." •�.�.:'.� '••VJ. .. .. �•�VIYl. •�•I.\. •�W.�• .T.. •�J� •�'JJ.''� •�•A �'.\V.•v. �.�A ��V` ��/� �.tiY •.'fY. •�II�M'!I �•i'.'Yi.'l� .I�'{"/. ..�{'�`1'1 .{T .- .'f'.Tf .'fT. , .'� •�.' +� •V _ . ••� � � 'sr.i�..f�M' ••P•• :;�: ;��r :rii:�i:y. .r:�::t� ��Fti� 4 �:�r}:�:}: '��: ��:{.,•:'�:::.:,:.}:.�..�.��.�..:: _ " / '•�...� �rr ' '_ ' ' }j}''�''.. ,�v��:�:v:�: �'•••••••�::•�ti:�:'::';:'; �'(�"" .�:"':.. .w �Tn-i-i+�.-.-.�.. ..T'.•f.'l.�. �7 �( N \' � � /.. � .��;�; 'JJ. .'.��:'. � �•�lL. •��.•:•..'.'.•�.':.�.:'�•:.':.�.::.i'�:.�.'.•�i:.'�'.:i.:�.�.� •�'J. �•hl. �T5 . '•J.'3J'�'�' ��I.l J' �•.VI. �•�Y. t'• 'i'. �'.N�� '.U:�•� '.�M'M.J t.'i�•Y.:'N �'!.'ti'.•.V1 .�'.'rN. •.'{'{:1Y.M .'}':'. .'4Y.11 � ��.�!t.�_ _ r I �;: �• •i• �:: �'ti:::::::�'� .�.. •::::'. .-�•�' ti;ti:;: �ri . �'ti:s:'�• '�v j.� • .<'. 1 . •� :i: ��---�-�.."�.�:::i: . '�c;iM:��:�;:;:'� •a. -�,. �;fr, '';;�::;c:;:�::�.'f .�. � .�''� (' .... :?'' ; � '.f li�•: :c�c ---,r—=�- :3:� rfi F "�. ::�•: S•� �:t�: � `�' � L_ ::.:::•:.:•:::.: ::.::.::::•::;.�.; , C� ----— - . , _ :��;�:.s:'�;:;�� ;:� : ��i':::;�i:;:r:;l: _ . ;�`'� :::::: . �1�.��., , ('1 • t::•`::�:::.:;:t:�t.c:: :: i: :.:::::•::::.. �•�n�•• .•.u::, •:y;:::;: ' . ::�:�:�.��;:;;.'';:::: :::;.;; �y"•:•::::::. • _� .."i:�'��;:;�::�:�'� ��#'•':: ...:::�::::•::,�:.::::....�: - •::!i;�:i;;:;�;;:4:•::;•w::;r:::•:::: :� . , ::��:::::::�:::.;�.:...:...:..:..::::�:::.:::::;;:f:: . - � . � - �:�:::::::::::�::::�:::�':::��::�::�::::�::��::::��::::{::. ::•r.:::::�:::�::::::::.:;•::::•:::::;.;;:��::::�::::::��:s::::: . ::��::�:�::�:��:�::�:�'':::'::�� :s::�:: . ' � � TOWN S�UARE :::�::::::::::::::::::: :.�:::: � � . * - �- . .. ;;�.�'::::�r'�:•, ��::� •:::;:}�r:r:�..•�"•' M i1 � ' ' �:�;� 1�.• '��,' .. '.iF•' :::r:: ��' �;�' :�� R,��,, •i y .'�':. {. •l '.4� . }�� '4�'� . 1''�i• . ,.< �:i�:' . � . ��: F. . ._ . :�ri; :�� '�x. ::i: . .:,:: ::�: . �� .�� - ::�::�:�:�:��:: ::.�� , � �.� �` . • 7�j7t�;::;{�t7�:' :'�:t .!'i�� _ . . �• :�: ..p� . :��4:ti�tv�:�.. � � i::.:v;i7w:1�:•: M !e � �� f � . •,j J. ..� .'J:.�:.::.`.•� . ''� �� I �:X'. :•:• . � , '. - - ;�; ':; ��:� .1►ti. „!' :o:::.. . �7•ti�f:�}r'�:}:}:•:•' :•'t:•:::.�::::�:ti�};•��;;�}}('�:�:{�:::::. ;{y::: .{. :i� . ::;: - - , {;;:; -- . �:�? }i l.•.. ,YNti�� '--' .. _� . � � %r�`. � - . . �'1�� .......... '.�: , � � � A ..MK.'.'.'. �'. { ��'7 ... •• ''y:'-'. .7 7' �^,I - , �;; � � 'tti: � � �� , ;}:�:;: ' * � •��'� '�� 6� RAD 1 SSON PLAZA HOTEL � . ' ;�:� � � _ ::�:ti; � ° - i . ( � . ' ��:�� , �� EXHIBIT "B-3" . ::• Skyway Level � - . �.4 '�'•, easen�ent . ,*, `{ti�:, • :,�---b r i d 9e •.h;..;, :•::::• � � � �.;f;.; — directional sign Sixth Str�et ::: 3 � - . �::.::_ � .11'S � � �� - • , � � . , �y- � � 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 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 ( day of , 19 � ( S E A L ) ' _ NORTHERLY CENTRE CORPORATION i By Its By Its STATE OF MINNESOTA ) ) ss. 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- T � .� � � , � 14��F.�� .�a ` GRANT OF EASEMENT � (Re: Parcel A-4) (+1 f� � WHEREAS, [ST. PAUL JOINT VENTURE, a Minnesota partnership � consisting of Capital Hospitality Corporation, a Minnesota ,� corporation, as a general partner , and SPH Hotel Company, a Minnesota corporation, as a general partner , hereinafter called � "Grantor ", is 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, hereinafter called "Grantor 's Property"] ; * and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, 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, 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 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 1, 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 7 l , . ` � y(n The easement area is expressly herein to be subject to such t� 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 pedestrian 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, 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 shall be subject 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 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 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 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- �� ` . '• � he•,y�'I.i�� '�� !�l �' g, 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 n't be repaired or reconstructed; provided, however , that ', ` u 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 qeneral configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, , City shall furnish a 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 desicjnee by separate agreement, shall be responsible for 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 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 day of ► 19 ( S E A L ) [ST. PAUL JOINT VENTURE Capital Hospitality Corporation By Its SPH Hotel Company By Its !_.,'- -3- �3 ' , � � • � . . =� 'M STATE OF MINNESOTA ) tn ) ss. h COUNTY OF RAMSEY ) � - � The foregoing instrument was acknowledged before me this � � by � . the of CAPITAL HOSPITALITY CORPORA- TION, a Minnesota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. STATE OF MINNESOTA .) ) ss. 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. l - or - ( S E A L ) [OXFORD DEVELOPMENT MINNESOTA, INC. By Its B Y zts r- - -4- 7 � . �. . . . �. �.��,�� - � �:;, � . � STATE OF MINNESOTA ) � � 3S. � COUNTY OF RAMSEY ) � The foregoing instrument was acknowledged before me this � b� and , respectively the � and o OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota 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 foregoing instrument was acknowledged before me this � by . and , respectively the and of CARLSON COMPANIES, INC. , a Minnesota corporation, on behalf of the corporation. ] �r_.- -5- � �� . � �. . . . , ��'�'7� � � �� , . � STATE OF MINNESOTA ) � ) ss. `� COUNTY OF RAMSEY ) � The foregoing instrument was acknowledged before me this � b� and , respectively the and o OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota 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 foregoing instrument was acknowledged before me this � by . . . . . . and , respectively the and of CARLSON COMPANIES, INC. , a Minnesota corporation, on behalf of the corporation. l Jr �- -5- • �� . � _ � r. . , � �1 - GRANT OF EASEMENT � � � WHEREAS, OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota � corporation, hereinafter called "Grantor" � is 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, hereinafter called "Grantor ' s Proper ty" ; and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority 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 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 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 determine. The public ' s right herein to ingress and egress and pedestrian 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 �� • � ' � . . , , . •� ' I'n by ordinance, concerning open hours, or temporarily closing � ln part (s) or all of the easement, or concerning public conduct C� within the System, nor shall such agreed or legislated hours in i C'� 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. � i The grant of easement herein shall be subject 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 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 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 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 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 under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor , its successors or assigns. r�- 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- �� ' � , � ;. , IG=��.`�"�,�� - .'� rove- � m and provide for the cost of all repairs, operation, imp � ments and replacements of the easement area as described � herein, it beinq understood that the aforesaid covenant shall � � run with the land. TO HAVE AND TO HOLD said public easement for pedestrian � in ress, egress and transit until the System is vacated or , 9 abandoned in the manner permitted by law, or terminated in accordance herewith. , IN WITNESS WHEREOF, Grantor has he19unto set its hand this ' day of � ( S E A L ) OXFORD DEVELOPMENT MINNESOTA, INC. By Its By ' Its STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � by and , respectively the of OXFORD and DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, on behalf of the corporation. r�= -3- �� . ' �r ' ►�l�� GRANT OF EASEMENT � (Re: Parcel A-2) � � � WHEREAS, ST. PAUL JOINT VENTURE, a Minnesota partnership _ consisting of Capital Hospitality Corporation, a Minnesota corporation, as general partner , and SPH Hotel Company, a Minnesota corporation, as general partner , hereinafter called "Grantor " , is 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 �hibit 1 attached hereto, hereinafter called "Grantor ' s Property" ; and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City o€ Saint Paul, Northerly Centre Corporation, Grantor , Oxford 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 a"reas 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 pedestrian 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-4 "� Y" ` ' � , � �r ' �V'�� GRANT OF EASEMENT � (Re: Parcel A-2) � _ �` WHEREAS, ST. PAUL JOINT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as general partner , and SPH Hotel Company� a Minnesota corporation, as general partner , hereinafter called "Grantor " , is 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 �chibit 1 attached hereto, hereinafter called "Grantor ' s Property" ; and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City o€ Saint Paul, Northerly Centre Corporation, Grantor , Oxford 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 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 determine. The public 's right herein to ingress and egress and pedestrian 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-4 �� . � � � �CF�� , - { `�� by ordinance, concerning open hours, or temporarily closing part (s) or all of the easement, or concerning public conduct 4� within the System, nor shall such agreed or legislated hours in ' IY1 any manner restrict City's easement interest, but shall affect , � only the public 's rights to pedestrian ingress, egress and (1 transit in the City's easement during the hours so agreed or , � legislated. � �' The grant of easement herein shall be subject to the right � of the Grantor to change the location of the easement condi- tioned 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 charige 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 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 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 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 -2- �� . • , ,r �' � . � ' � 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. i � (� 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 day of . 19 • ( S E A L ) ST. PAUL JOINT VENTURE ' Capital Hospitality Corporation . By Its SPH Hotel 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 CORPORATION, a Minnesota corporation, a general partner in ST. PAUL JOINT_VENTURE, a Minnesota partnership, on behalf of the partnership. �r.,- -3- �l � ' ,f� .� �� , �,��'!?�'- � �:;:t,� � . y .' STATE OF MINNESOTA ) ) ss. rn COUNTY OF RAMSEY ) V� 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. r-�= -4- � � .t......-:.. .... ......_. _.: :... ................. ........................::':::::':::'::::::::::.-::.. . ' ':J' � ��: ' ' _ � �'�' � ::�:� ;�r� -= - ::;::� —- - :a: —�_ i� —' ......................::::::::::::::::::::::::.:.........::::::::::::::::•.:�::•.:::�::::::::�:::::::::..........:...::::::::::::::::::::::::::::::°:::........................................................... , ................... ........................................._...._..............._........_....._... .... ........ .. . .. . . . • •• • ..................... ............................... . .. ......—.._..........._._. _............. . ............ ......... .......... • ..... . . ........ . . ......._......._. ..............•-••-•-................................ . ...... .. .. ...�.::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::._:::::�:::::::::::::_.::.:. � . 2,��.�� . . ,. . . m . .� . . � . ' � _ . Ir, :' � � . c� � . � � � � r� . . • . . . . _ � - � - . - '. 4. INSURANCE � . . .. • _ .. •: - =� ' ' . . . . . . . . - . . " ' - The contractor shall .furnisb proof of insurance directly to the Citq Attorney prior to c�encing wozk. The contractor shall hold harmless and defend th� :•. :••. . - City, wbere applicable, again.st any and all claims for property damage and•'• • claim� for injury to or death of one, or more than one, persoa, because� of � : � - accidents which may occur or result.. from operations un3er the contract. - The --. -• �. contractor s�all pay any judgment against the City iesulting from any sucli -_. - � � � suit. 1'he City shall have the right at its option to participate in auq svch� � litigation witbout relieviiig the�contractor of any of its obligat3.+�ns. .The caatractor �shall e$rry the following insurance aaaing the City as a co-insured . . .1.thereon: • � . . - •� � - �� . - -- . � , . .. - . . - •_... .. A. Contractor's Public Liability Insurance cTith limits of $500,000/$500,OOD ..., namiag and protectiag the coatractor, aIl subcontractars, against claims - for injury to�or de.ath of �one or more persoas as E result of accidents � . which may occur at the site from operatioa under the contra�t. � ' • B. Property Damage •Insurance with limits of $150,OOOj$300,000.� - • . - • C. Worl�en's Compensation Insurance in compliance with the Laus•af the . State af Minnesota. ' � . � • � D. Automobile Znsurance, including owned, hired and noaowned vehicle - - . - coverage limits of $100,000/$300,000 bodily injury and $5Q,000 per ' . � — ' occurreace property damage. _ . � _ . . . r.., . . , . _ - , . L � _ ' . . � - � � - � . . Exhibit D-1 _ � ' - . . . � .�.3 . - :.i� - - - ::�:: - - - _ :�s� - :.'7i: :iR;.� — :.r: — .�ic�.:'::::.:'::::::::::::::::':::. �u: •1• ..�. � � . .. ..........................�.....�.�............�.�.....�.�.......�.��.�...........�.......��.....�......��................�........�....................�....�.�.�.�....��:. ............................�....�r.�.......�.�....... • • • \ • .. ' 1/1 ] • � ' •' • r'�_'� 1.��I.i,F'/•�� . _/ � . � . . . , � . _ '\ . . / . :. • , � ' .. . . � ' . . � • � ' , � . . ' • • � 1 �, • ' , . /• • � ' • ' . . � . . , .. . . " _ � I NSl1R.�NCE - ' . " ' . - � : . . -. : . . ... . . _. . 6 . . . . . . � . _ • .. . . . . . . _ Nbdify Section •4 of-the General� CondTtions, as foilows: � . : -- .� . . " . . . - . • . . . ._ . �. . . . . .. . _. . .. . . _ �a. tnset-�'.the' to�lox��;� atfist- Cit�: � � : . �. , . . . � - _. . � '. '._. � • "snd Hamrr�( , Green snd Abcaham�c�,; 1nc." . . ' _ . .. .- . : �_. . .- � :. :. ` - , ._ ... • .. .--:�;�_- b. paragraph B: Property Damage Insurance. Delei�e ifii�s portion.ot the = " :--�'�-_�- paragraph tn �its enttretY and tnsert' tl'►e fotiowing tn its ptacs: ,`�?r�p��'Y�. --..._- Dasrzage i nsurance t n ths ?nount of not 1 ess than 5500;000 .for a 1 t damages to or�:;::.J_;_ destruction of property i n any one acci dent, and sub,ject to that i tmlt per-, ..• ._. ;_ _ s than 51 ,000,000 for,a11 '" '� ^'=" �.i r.._ __. �acc i dent; furthar svb Ject to a tota 1 of not le s gri�. . .. : `L" i � damages �o or des-firucf'ion of property during the poi try p ...... . . .. .- _- - . • . .. =. , �� . . . - : - . _. . . : - ' ...: . ',.'`'��: � c. Paragraph C:,- � - �_� . . . . . � - � - . . � . " . � - �- - . -=.� - -�� -, "=`=`�=' • . ,' � � � . . . .. `�- • The Bu i 1 de��s RI sk t nsurance sha t 1 be for tfie benef 1 t.of 'Yhe Contractor;�.;�;,�,�:":^ -:-_. � �the Ciiy of St.' Pau.l, •the I�A and the abui�ting proparty owners as thetr� I�erests::_� • . may appear i n the va 1 ue of the cost of the work under th t s contract, and eaci� sha 1 t�� ' � be speclfical ly name d in t he po l i c y o r p o l l c i e s a s an lnsured; or at -ifie Contractcr=: . op�ion, a 8lanket�Ownerts Protecttve Poitcy cove�ing atl Owners tincludl�g ad,jacent bulld�tng owners) may be provlded in tieu of the above Bullderts Risk �nsurance and tl Ci�y of St. ,Pau1 Unlforcn Certificate of tnsurance. . - _- : .- . - _ . � . � • . - • . �� .. . .. .. -. d. Add the foitowing after paragraph �0: . . _ : . . . . . __. - .. E. The Contractor sha 1 I a 1 so cause to have executed fihe C1 ty of Sa i nt Pan�.-��:_. "Uniform Endorsement't required by the Satnt Paut Legislative Code, , as. amended. �_ ' Tfiis form can be obtained at the service desk o� the 6th Floor of the City Na11 : • ,AnneX. . ' ' � � - - �. _ . _ . . � • . Exhibit D-2 � . � • . . � : � � # ' � ------- ' � ` ` '� � • Gp � � ?' o < --1 p (n ' �` �p' � ° .+ �' �' ;; c� �y ��.;�:i � � � • Q � '--' � , �' � o m • . (� � �' � �� Qr+ o � ,,, � �� o -+. r* O � ''•�; �; `� p� � � o c� s p T � C d'1 � f•.; s1) O-z � <D --h � 7 � N n1 �" g�1 � -t W � � =+: Q � z � ,,,�� !•`j z � � qG � � C � m \ �` 1 p � p p Q �' �. � (n � l V � `� Z �' �i �' �• ,-°�-. � `G O , � n o' .-+ � D � � � � � � �• , �- ca � � z N. �� o (; �� g -• s� � p C� J� � � ; GJ � m �J � �� _� _.� . �0 � � _ �� ' � � (A �o r. crn � N I • � � v � y -- �------.r._ �T� ` s I