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279395 WHITE - CITV CLERK ��{'��_ PINK - FINANCE � � CANARV - l7€PARTMENT G I TY OF SA I NT PAiT L COUflCIl �� BLV�E - MAVOR File NO. Cit� Attny/PBB C�u CZ R sol tion 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 June 6, 1982, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; Ted Glasrud Associates, Inc. ; TGA, Inc. ; the Port Authority of the City of St. Paul; and Oxford Development Minnesota, Inc. , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 5, 6 , 7, 8, 10, 11 and 12, Block 20, Roberts and Randalls Addition to Saint Paul, except the easterly 2.0 feet of Lot 12 for street purposes, and the northerly one-half of vacated East Seventh Place accruing to Lots 7, 8, 10, 11 and 12 , except the easterly 2 .0 feet thereof; and Lots 1, 2, 3, 4 and 9, Block 20 , Roberts and Randalls Addition to Saint Paul, except the easterly 2.0 feet of Lot 1 for street purposes, and the northerly one-half of vacated East 5eventh Place accruing to Lot 9; and Lot 1; that part of Lot 2 lying easterly of the westerly line of Lot 6 prolonged to the northerly line of said Lot 2; and Lots 6 , 7 and 8, except the southerly 26 feet thereof; all in Block 13, Roberts and Randalls Addition to Saint Paul� and COUNCILMEN Requested by Department oE: Yeas Nays Fletcher �evine [n Favor Masanz Nicosia Scheibel _ __ E4g8iI1St BY Tedesco Wilson Form App ved by Cit Attorney Adopted by Council: Date . s ��'�Z Certified Passed by Council Secretary Y Bl' l�pproved by A7avor: Date _ Approved by Mayor for Submission to Council BY - – — BY WH17E - CITV CLERK COQIICII �� PINK - FINANCE a��'- CANARV�=�EPARTMENT GITY OF SAINT PAiTL BLISc AVOR File NO• • �� - Council Resolution � � �, � Presented By ��•�`� r`�'�>�%"'�'� Referred To Committee: Date Out of Committee By Date —2— 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 �evine [n Favor Masanz Nicosia � Scheibei _ � __ Against By - FeciEfSCa VYila^orr OCT 2 1 1982 Form Approved by City Attorney Adopted by Council: Date — Certified s•e bi Couns' Se r BY By � _ Ap r ve by ;Vlavor: Date � � 2 A pro ed by Mayor for Sub sion to Council By _ UBUSHfD OCT 3 0 1982 .�...,�.:... ,.... . r.... .. . _ .,...._� . ..� ........_ ..� ..._,v.,....��.. ..;,,.y. _..._y �_.._..._....r.•..r._ . . J _ _ �� -�"' . � '�93�� -- C►� � °1� - � � � � � r�u� v7,� u �e��ueu,f , . , � �'"�'� � � � �� J� o� v�c�x� -� � ��s � . . � � . � �,a� �� . _ � �� — a,de �C� � . � � � � �� . � �rr�v�. , - f u �Cs� o� -� ��.�. �v ►� -. - � � . � �' . �, �t�r , � � � � . . ��C�1V�D . OC! `i 1982 MAYORS OFFICE c � - ..� � . _—.__----- -- --------- _ —--------—--- _ ___ -- -------- _-- -- ��..j��'�� wHI7E - CITY CLERK - P�NK - F1IVANCE COUIICI� � �� CANARY - DEPARTMENT GITY OF SAI �'T PAUL File NO. BLUE - MAVOR � 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 J�ne 6, 1982, _ between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; t�e City of Saint Paul; Ted Glasrud Associates, Inc. ; TGA, Inc. ; the Port Authority of the City of St. Paul; and Oxford Development Minnesota, Inc. , attached hereto, which Agreement contains covenants and obligations touching and conce�ning the following described property in •the City of Saint Paul: � Lots 5, 6, 7, 8, 10, 11 and 12, B1ock 20, Roberts and Randalls Addition to Saint Paul, except the easterly 2.0 feet of Lot 12 for street purposes, and the northerly one-half - of vacated East Seventh Place accruing to Lots 7, 8, 10, 11 and 12, except the easterly 2.O feet thereof; and Lots 1, 2, 3, 4 and 9, Block 20 , Roberts and Randalls Addition to Saint Paul, except the easterly 2.0 feet of Lot 1 for street purposes, and the northerly one-half of vacated East Seventh Place accruing to Lot 9; and Lot l; that part of Lot 2 lying easterly of the westerly line of Lot 6 prolonged to the northerly line of said Lot 2; and Lots 6 , 7 and 8, except the southerly 26 feet thereof; all in Block 13, Roberts and Randalls Addition � to Saint Paul� and COUNC[LMEN Yeas Nay�s Requested by Department of: Fletcher �.�ine In Favor Masanz Nicosfa Scheibet A gai n s t BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Yassed by Council Secretary BY . g' _ Approved by ;Navor: Date Approved by Mayot for Submission to Council . � - WHITE - CITY CIERK COURCII j� g ��;� � PINK - FINANCE G I TY OF SA I NT PAU L CANARY - DEPARTMENT BIUE - MAYOR File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date • -2- 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 � Yeas Nays Requested by Department of: Fletcher Levine In Favor Masanz Nicosia scnetbe� A gai ns t BY Tedesco . Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY . B5 • • Approved by ;Navor: Date Approved by Mayor for Submission to Council _ _ .. . CITY WALK/TOWN SQUARE 6-�-82 _� SKYWAY AGREEMENT ��4.�'��`� THIS AGREEMENT is made and entered into this 6th day of June , 1982, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereafter referred to as the ��H��. ' the CITY OF SAINT PAUL, a municipal corporation, hereafter referred to as the "City"; TED GLASRUD ASSOCIATES, INC. , a Minnesota corporation, hereafter referred to as "Glasrud"; � TGA, INC. , a Minnesota corporation, here- after referred to as "TGA"; the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a public corporation organized and existing under Chapter 458, Minnesota Statutes, hereafter referred to as the "Authority" ; and OXFORD DEVELOPMENT MINNESOTA, INC . , a Minnesota corporation, hereafter referred to as "Oxford" . WITNESSETH: WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn.� R-20, and the Central Core Urban Renewal Project, Minn. A-1-5, undertook to develop a pedestrian skyway � � system within the Downtown Central Business District and the Central Core Renewal Area, hereinafter refer�ed to as, the "System"; and WHEREAS, the City, pursuant to Chapter 764 , Laws of Minnesota 1973, is ` authorized to operate the System; and - WHEREAS, HRA, City, Authority, Glasrud and TGA have severally entered into various agreements and commitments, including that Contract For Sale Of Land between City, HRA and Glasrud dated i � _2_ December 30, 1980, for the construction of a (hereafter, "R�p pro 'ect" Public parking facility 7 ) and some 236 condominium units with additional oarking spaces (hereafter, "Housing Pro 'ect" structed in the air space over the Ram Pro 'ect J � to be con- easterly half of that block bounded b P � � located on the Cedax Streets Y Eighth, Ninth, Minnesota and (all of said Improvements collectively referred to h after as "City �aalk") ; and ere- �E�S, Authority is the owner of the real ro such City Walk Improvements are to be constructedP andrty �n Which �E�S, Oxford has constructed and owns the Improvemen after, "Town Square") located on Block 27 ts (here- Eighth, Minnesota and Cedar Streets and vacated Eastk bounded by which Improvements are subject to certain requirementseventh Place, tension of the pedestrian concourse system through Towncsncerning ex- bridge crossing Eighth Street in that Contract For Sale quare to a August 26, 1977; and �f Land dated WHERF..Ag, because Oxford has leased to Al.lied Central Stor (hereafter, "Allied") that part of Town Square to which S • eS' rnc. bridge will be linked a nd through which the connectin � ald skyway tween said skyway bridge and Town S uare will g °ncourse be- necessary for Oxford to obtain Allied's consentats� lt will be WHEREAg, the parties desire to construct a sk Wals Agreement; and Eighth Street and accompanying systems and access y y bridge over connect Town Square with City Walk; and facilities to wHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Ei h • and - g th Street; WHEREAS, a benefit will inure to the respective by virtue of construction of this segment of the S stemoperty owners possible future linkage to other y • and the . portions of the System; and WHEREAS, the Cit b Y y Ordinance No. 16656, Council File No. 2�4�28. granted the HRA � ' permission to construct and operate a ' skyway bridge across Eighth Btreet between Minnesota Street and Cedar Street, which Ordinance is attached here to as Exhibit A. , - . � -9- floor, hardware and metal trim cleaning, polishing, repair and replace- ment; roof maintenance; repainting; light bulb replacement and light fixture and directional sign cleaning. HRA and City shall be furn- ished both preliminary and.�final plans and specifications for all additions, alterations or repairs and replacements to the skyway bridge or support structures, which plans and specifications shall be subject to their reasonable and timely approval or disapproval be- fore commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specifications to approve or disapprove within 14 days shall be deemed approval. � 19. Oxford and Glasrud shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and responsibilities for said skyway bridge, its integral parts and related equipment. It is agreed that Glasrud will provide, at no cost to Oxford, HRA or City, all initial necessary systems and equipment to supply and connect a11 HVAC, electrical and operating utilities for said skyway bridge. Oxford and Glasrud may contract . . with third parties for the execution of the foregoing obligations but shall remain primarily responsible to carry them out. 20 . Oxford hereby agrees to provide all repairs and maintenance to maintain the pedestrian concourse within Town Square property to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse. Glasrud hereby agrees to provide all repairs and maintenance and to maintain all portions of the pedes- trian concourse within the City Walk as shown on Exhibit B to a reason- able standard of safety and cleanliness and to provide operating costs for said pedestrian concourse, except that portion which may extend in an easterly direction to a future bridge over Minnesota Street. -10- HRA and City shall be furnished with both preliminary and final plans and specifications for all substantial additions, alterations or repairs and replacements to the pedestrian concourse, which plans and specifications shall be subject to their reasonable and timely approval or disapproval before commencement of the work contemplated therein, which approval or disapproval shall not be unreasonably withheld and shall depend on whether the completed work on the concourse would be unreasonably likely to interfere with or diminish the use of said concourse by the public. Lack of action on either preliminary or final plans and specifications to approve or disapprove within 14 days shall be deemed approval. Oxford and Glasrud may contract with third parties for the execution of the foregoin . obligations but shall remain primarily responsible to carry them out. 21. If Oxford and/or Glasrud fails to adequately maintain, repair and operate the said skyway bridge to a reasonable standard of safety, or shall fail to undertake reasonable maintenance, oper- ation or repair of the pedestrian concourse areas through their re- spective properties within 30 days after receipt by the affected party or parties of written demand from the City, the City may under- take said reasonable and necessary maintenance, repair and operating tasks, and the costs incurred by City for said maintenance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner (s) or their sureties as applicable; provided, however, that the City retains the right to assess such costs against the party (ies) as a local improvement in the manner provided by law. . 22. No advertising, sales, commercial activities , or signage of any kind shall be carried on or located on or in the skyway bridge � and pedestrian concourses which are the subject of this Agreement. No store .or store front signage shall project out into the easement area except as subject to the reasonable approval of HRA and/or City before i.nstallati.on; provided that the City has heretofore approved the presently existing Donaldson' s store signage and recognizes such approvals as binding. Nothing herein contained shall prevent the installation and maintenance of skyway directional sign (s) . All signage shall be subject to review and approval by the City prior to sign construction and installation. • -11- SURETY BONDS AND INSURANCE 23. Oxford and Glasrud shall �together furnish and maintain a surety bond in the amount� of $100, 000.00 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee, conditioned that said property owners shall indemnify and hold harmless �he City in accordance with said Ordinance against all expenses and liability on account of all costs, 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 the property owners com- plying with all terms and conditions expressed and contained in this Agreement as to maintenance, operation and. repair and/or removal 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 Depart- � ment of Finance and Management Services for the City. The HRA shall procure from the general contractor and provide to the parties documentation evidencing that the general contractor � is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as • set forth in the plans and specifications described in paragraph 1. , herein, naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and. specifications, specifically in accordance with Section 4 . , General Conditions and Section 6 . , Special Conditions of the construction contract. � The City shall not canceS or approve cancellation of such insurance -12- until coverage is required to be provided by Oxford and Glasrud pursuant to paragraph 26 below. 24. Insurance required by paragraph 26 hereunder for hazard and liability for the skyway bridge shall be a maintenance cost to be assumed by Oxford and Glasrud and shall be shared in accor- dance with the separate agreement for the sharing of operation, maintenance and repair costs that Oxford and Glasrud shall enter into as provided herein. 25. Insurance required hereunder for hazard and liability for the areas designated as easements for the pedestrian concourse shall be a maintenance cost to be assumed by Oxford for the portions located within its building, and by Glasrud for the portions located within City Walk. 26. Oxford and Glasrud shall cause there to be furnished and maintained oublic liability and casualty insurance coverage for the skyway bridge; and Oxford and Glasrud shall cause there to be furnished and maintained liability insurance for the portion of the nedestrian concourse within Town Square and City Walk respec- tively 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, $500 , 000. 00 for each occurrence . Such minimum amounts shail be subject, upon 60 days notice to reasonable change by official action of the Council of the City -13- of Saint Paul, in the event statutory municipal liability limits are altered by legislation :�or judicial decision at any time after the date hereof. The casualty insurance shall have an all-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as reasonably determined by the City from time to time. DIRECTIONAL SIGNS 27. The location of directional or other similar signs that may be installed in the pedestrian concourse herein shall be shown on Exhibit B. HRA shall purchase or provide the initial directional skyway signs . The cost of installing, including electrical connections , mounting hardware (pendants, or ceiling channel, and support above ceiling) , operating, maintaining and repairing the directional signs herein, shall ' be borne by Glasrud for City Walk and Oxford for Town Square; provided, however, that HRA shall install and bear the expense of the first installata.on in Town Square. If the location of the pedestrian concourse public easement is changed, the said signs shall be removed accordingly, and the cost of moving and re-installing signs to a new easement area shall be borne by the respective parties on whose property such signs are located. If a change in the sign_ face is required for any 'reason, this shall be done at the property owner' s expense and consistent with the graphic design standards established for system signs. -14- BINDING OBLIGATIONS � 28 . This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16656, as adopted by the Council of the City of Saint Paul, and all its terms and conditions are incorporated herein by reference. All parties hereto, other than Authority, HRA and City, are considered to be permittee's successors under the terms of said Ordinance, except with respect to those obligations of the permittee which relate to initial construction of said bridge. 29 . The parties agree that in the construction, maintenance, repair and operation of the pedestrian concourses , they shall be bound by all City codes and ordinances governing the system insofar as applicable, and shall obtain all necessary licenses and permits. 30 . 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 until such time as said System or that part herein is vacated and abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. 31 . It is unders�ood that this Agreement does not govern the relationships and agreements by and among Oxford and Glasrud, them- selves to each other, other than the requirements of paragraph .l9 . above. `. It is further understood that the Authority consents to the construction, operation, maintenance and repair of the pedestrian concourse area within the public parking ramp by Glasrud or Glasrud's successors and assigns , but does not obligate itself under this Skyway Agreement except as provided in paragraphs 11, 12, 13 and 14 ; -15- provided, however, that the Authority's successors and assigns (not including City, HRA or TGA, Inc . ) shall be responsible for and assume the agreements and obligations of the Authority in paragraphs 11, 12, 13 and 14, and shall be responsible for and assume the agreements and obligations of Glasrud in paragraphs 17 through 33 and 36 in the event Glasrud or Glasrud's successors and assigns fail to perform said agreements and obligations or such successors and assigns are held by a court of competent juris- diction not to be liable or responsible for said agreements and obligations. The Authority undertakes and agrees that it will obligate its successors and assigns by appropriate contractual provisions in any transfer of its interest in City Walk or the public parking ramp therein to perform the agreemen�s and obliga- � tions mentioned above as therein required. 32 . This Agreement shall survive conveyance and delivery of ' the Grant of Easement provided for herein, and shall not be con- . . sidered merged therein. Glasrud expressly agrees that the skyway bridge and pedestrian concourse areas provided for in this Agree- � ment benefit those Improvements which are part of City Walk which are to be constructed in air rights owned by Gla.srud, and that the � obligations herein regarding such bridge and concourse areas touch and� concern such air rights Improvements . Glasrud further expressly . agrees, for itself and its successors to and assigns of any interes� ` in City Walk, or the air rights or Improvements thereon, that its agreement and obligations under paragraphs 9, 10, 17, 18 , 19, 20, 21, . 22, 23, 24, 25, 26, 27, .28, 29 , 30 and 36 of this Skyway Agreement -�6- �;�� are covenants running with the land which burden the air rights and Improvements thereon, and which are not extinguished by conveyance and delivery of the Grant of Easement provided for herein, and which are fully binding upon all of said successors and assigns. Such agreements and obligations above mentioned are fully effective and binding upon Glasrud for both the skyway bridge and the pedestrian concourse area before and after conveyance and delivery of the Grant of Easement by the Authority for the pedestrian concourse area within the public ramp. 33 . The property owners herein reserve unto themselves the un- conditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved seal estate herein and assigning and transferring this Agreement to any other corporation, corporations, 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) s:zall 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 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 P,greement. For the purposes of this paragraph "owner" shall include, but not be limited to,� lessors , lessees, sub- lessors ,and sublessees, and shall include therefor, Oxford and Glasrud. 34 . ' Seven (7) days after the issuance of the written Notice of F;na1 Bridgelnspection by the City., and its furnishing to Oxford and Glasrud, the obligations and duties. contained in paragraphs 17, 18 , 21, 22 , 23 and 26, herein above, as to said skyway bridge, shall become operative. -17- 35. Seven (7) days after substantial completion of the pedestrian concourse, but no earlier than the date determined under paragraph 34 above, the obligations and duties contained in para- graphs 11, 20, 21, 22 and 26, herein above, as to said pedestrian concourse shall become operative. 36 . Any notice to the parties hereunder shall be considered sufficiently delivered if mailed, by certified mail, return receipt requested, postage prepaid, as follows : a) To: City of Saint Paul b) To: Oxford Development Donald Nygaard, Directo� Minnesota, Inc. Department of Public Works 620 Conwed Tower 6th Floor, City Hall Annex 444 Cedar Street 25 West Fourth Street St. Paul, Mn. 55105 St. Paul, Minnesota 55102 , Attn: Property Manager and . and Downtown Operations Oxford Properties, Inc. HRA/City of Saint Paul, 555 Peavey Building ; Minnesota ' 730 Second Avenue South 12th Floor, City Hall Minneapolis, Mn. 55402 Annex : Attn: Secretary 25 West Fourth Street � St. Paul , Minnesota 551Q2 � c) To: �Ted Glasrud Associates ,Inc, and 151 E. County Road' 'B-2 Little Canada, Mn. 55117 City of Saint Paul � Department of Finance and Management Services Room 234 , City Hall � � St. Paul , Minnesota 55102 -18- A party may, by written notice, designate a different address to which notices to it shall be directed. SAVINGS CLAUSE 37 . Nothing contained in this Agreement shall be construed to amend, alter or modify in any way, any of the provisions or ob- ligations contained in or imposed by the General Policy Statement for the Construction of the Saint Paul Skyway System, as to Glasrud; or the General Policy Statement - Pedestrian Concourse System, August-1972, as to Oxford; which are incorporated herein, except insofar as this Agreement is in direct conflict and inconsistent with said General Policy Statements, in which case this Agreement shall supercede and be controlling. SPECIAL CONDITION 38 . Upon the written request of Glasrud, the new pedestrian concourse in Town Square provided for herein shall be open for public ingress, egress and transit at 7 : 30 A.M. Monday through Fri- day and! shall remain open-until the Donaldsons. Store opens for business , and thereafter in accordance with paragranh li of this Agreement. Such additional hours are expressly conditioned on Oxford and Glasrud each paying one-half of` the labor and capital costs incurred in providing security measures for the Donaldsons Store. If costs are 'not shared as required herein, said pedestrian concourse may remain closed until the Donaldsons Store opens for business . This paragraph and its obligations shall terminate on � December' 31 , 1986 . • -19- HOUSING AND REDEVELOPMENT AUTHORITY, - OF THE CITY OF SAINT PAUL, MINNESOTA I By ��/I/� Its � By . . . . Its APPROVED AS TO FORM C Y OF SAINT PAUL � . � i-��-8 z � By . I By - Its Di ecto partment of Planning an E onomic velopment By Its Director, Department of Finance : and Iylanagement Services By ��. Its City Clerk -20- STATE OF MINNESOTA ) • . ) SS. COUNTY OF RAMSEY ) - ' On this fCI � day of , 1982, before me, a Notary Public within and for said Count , appeared , `lc'�� and � � � LiJ�C.�ic9�^. � to me personally known, who, being each by me duly sworn, did say that they are respectively the �� s and of the EiOUSING AND REDEVELOP- MENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, 5that said instrument was signed by authority of its Board of Commissioners and said r... . . . A. . � . � �� . / and ,e�:�=�-�-�.;,-, ��-c»�-: acknowledge said instrument was the free act and deed of said corporation. �%� ��G� ' . � ._�.v�::��`:��:'ei�iP'�'� . . � ', LA 9 S FL COAKLEY � �,:_': <:�UNTt �,�'� NOTARY F+�.lt;LIC.l.31fJNE80YA � . � � - � MY COMMiBQON EXPIRE9 FCa.Zsr 1�a�L� �, t -2�- ��p �� . STATE OF MINNESOTA ) ) SS. COUNTY OF ItAMSEY ) The foregoing instrument was acknowledged before me this �_..o�_ day of , 1982, by GEORGE LATIMER, Mayor of the CITY OF SAINT PAUL, municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. w � LEEMrN'FtNiCHlI� y�� NOIARY PUBUC—MlNNE�C'' `�-_ �,, RAMSEY COUNTY �' IIIy OOn1R1.Et�ir'es Juns 11,19F]7 ; � ti ■ STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this �3`� day of Qa,�..,.� , 1982, by JAMES BELLUS, Director of Planning and _Economic T�ve opment or the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. � • l� �nnnhnnnn:,��vv�nnnnnnni�v��' �S . � ,t��3C�C'��1 .>.PETF�SOiV 4`' , : �(1 R'{Pl'�LlC—MI�tNESdTA STATE OF MINNESOTA ) �'.� . ti c` R;�F�iS'cY COUNTY � SS. h'y Ccmm.Expires J uly 29,1987 COUNTY OF RAMSEY ) � u;�ti;.: ` xv��a+rivw�.�.w�e,nnNVd ' The f e ' g 'nstrument was acknowledged before me this /� � day of , 1.982, by PETER G. HAMES, Director of the Dep r nt of Finance and Management Services for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. a _ . ,�,�,�„��,,,,. .�,, �csF�,r,.��r ��r��-rt � �a •• iJO�i;FcY r'u 3l1^ F�it�1�=SC;TA STATE OF P4INNESOTA ). '�� Rk;v,�rv c��rarv ' � S.S. " N1Y Comm.Expires:+pr�l 23, 13F,7 � COUNTY OF RAMSEY ) . " �^n'YV`/vr The� fo egoin instrument was acknowledged before me this � day of � - , 1982, by ALBERT B. OLSON, City Clerk of the CITY S NT PAUL, a municipal corporation o_� the State of Minnesota, on behalf of the City of Sain Paul. "� . • � _ SUZANNE HURtEY NOTARY PUQLtC—MINNESOTA I RAMSEY COUNTY MY Comm.Expires April 22,19B$ • s • �-w � �r- . � ��e��a�' IN WITNESS WHEREOF, this Agreement has been executed as of the date above first written. Dated: ,,vn� 7 /J�' OXFORD DEVELOPMENT MINNESOTA, - INC. �. � i By lit„�r� J , zc:�L�— Its ��c �,� r And �,� Its t STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEP I N ) The foregoing instrument was acknowledged before me , this 7th day of June , 19 $2 , by Wm. P. Dres:sen an R. 0. Strauqhn , the Vice President and Secretary of Oxford Development Minnesota, Inc. , a Minnesota corporation, on behalf of the corporation. , �-;M%• SUZANNE HOFFMAN � . .... HENNEPIN COUNTY � ' NOTARY PUBLIC-MINNESOTA Ota PULII.0 MY COMMISSION EXPIREB SEPT•%�1�E�{ . �,�g�� -24- PORT AUTHORI�/,Y OF TI�E CITY OF SAINT PAUL G� � � / gy � G- Its � �� BV`-' / �G'��.� �I � (Port Authority Signature Page, Skyway Agreement, Citywalk/Town Square, 1-14-82) -25- STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this � day of �� , before me, a Notary Public within and for said County, appeared . l�). ��n-� and — � �� to me personally known, who, being each by me duly sworn, did say that they are respectively the �ti�T� and ��,��Lti _ of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a public corporation, that said instrument was signed by authority of its Board of Commissioners and said /`�o_„�r_�o l� �i��i and ��-c,�v� � acknowledged said instrument was the free act and deed of said corporation. `_.� �Tn�� JEWEL M. OL30N 11 NOTARI w�L1C•MMdNEfOTA WA3MIMQTON COUNTY My GomnNMiOn Expf►M 8p1.16.tY88 -26- TED GLASRUD ASS TES, . By Its r -27- STATE QF MLNNESOTA) � ) SS. COUi�]rI'Y OF RAM.SEY ) On this 16th day of March, 1981, before me, a Notary Public within and for said Cotmty, appeared Theodore Glasrud, to me personally known, who, being by me duly swern, did say that he is Chairman of the TED GLASRUD ASSOCIATFS, INC, , a Minnesota corporation, that said instn�uent was signed by authority of its Board of Directors, and said Theodore Glasrud acknawledged said instr�nt was the free act and c7�ed of said corporation. a,M��r�M/ut�?.�J1,1i��^M^M'�MA�v �:-�'=,��: L'�80F;�1H A. �:P�,�;SCH � ��:�^� fl07Ai?Y P t r.t�• U3LIC—f;iln1Nc50Tq S �}�:-• RNt�15�Y ,r,UU�JTY �ti`Y Commissiva€xpires Lr,ia:4, ;98R � ��r�� M'W1�'t��lti'v'J�/YV n �. ... _ . . -28- TGA, INC. By Its B I -z9- �'�9�`�� STATE OF MINNESOTA) � ) SS. COUNI'Y OF R�1I�LSEY ) On this 16th day of March, 1982, before me, a Notary Public within and for said County, appeared Theodore Glasrud, to me personally knawn, who, being by me duly sworn, did say that he is the President of TGA, Inc. , a Minnesota corporation, that said instrunent was signed by authority of its Board of Directors, and said Theodore Glasrud acknawledged said instrtment was the free act and deed of said corporation. :"A��P, � . ...� i �:i�nA � :... ). . .1 1 1 ��a�,r Np;, ,r-r _ •.c.�;.;i„ �,� . •r R.A;s�'�ti�`f��>.,�'�'Cr� Y� Y M�CG. SSlJarj/C�iU�y��J,-';;�pq � �m; R fxpi;�s�L,,�B � v w, """ `�"•"'"'`~T V 1 1-1 V t` .7A l i\ -1� I"A l.: L N I '1 f (rrV �E - M..oA , File N O. � " rdin�znce Ordinance �10. ��!•�( ��/� •esented By Referred To Coinmittee: Date Out of Committee By Date AtJ.ORDINANCE MAKING PROUISION THEREFOR AtdD GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORfTI( OF TNE CITY OF SAINT PAUL, MIP:P;ESQTA, A MIt�tJESQTA CORPORATION, AND/OR ITS SUCCESSORS IN IPITEREST, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEI•!AY ACROSS EAST E I GHTH STREET BE?1JEEN THE INTERSECT I ON TliEREIdITH OF MI NN- ESOTA STREET AND� CEDAR STREET. SAID OVERHEAD PEDESTRIAN PASSAGEtJAY T0 BE EXTEP�DED FROM THE T01JN SQUARE ON THE SOUTH SIDE OF EAST EIGHTH STREET TO THE NEW PUBLIC PARKtNG RAMP ON �THE NORTH SIDE OF EAST EIGHTN STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: � Sect i on 1 . That permisston and authority are hereby granted to the Housing and Redevelopment Authority of the City of Saint,Paul , Minnesota, a Minnesota Corporation and/or its successors in interest to construct, naintain and operate an overhead pedestrian passager�ay across East � Eighth Street between the intersection therewith of Mir►nesota Street and Cedar Street. Said overhead pedestrian passageway to be extended from Tavn Square on the south stde of East Eigth Street:-to the new • public pa�king ramp on the north side of East Eighth Street. � ' Section 2. � . That the Director of the DePartment of Public.Works is he�eby authorized to issue the necessary permits to said permittee, the Hous- ing �nd Redevelopr�nt Authority of the City of Saint Paul , Minnesota, for the construction, maintenance and operation of said ovzrhead ped- estrian passageway according to plans and specifications approved by the Department of Publ�ic I�lorks and at the se�arate cost and expense of said permittee, upon said permTttee's conpliance with the fotlawing con d i t i on c • COUNC1Lh1EN �as. Na}�s Requested by Department of: [n Favor ` � Against BY Form Approved by City Atforney �1lCl�� ;� lopted by Council: Date. rtified Passed by Council Secretary BY By proved b�� hlayor: Date Approved by Mayor for Submission to Council Bv ---- — - By' - — -•• --- —— - — — --.. ._ - -- �, . r-- � �-=(r-.�(�- � ��`��$ . ' - 2 - • . a. That satd permittee and/or its successors in inter- est shall , at its oam cost and expense and in accord- ance with alt applicable ordinances of the City of St. Paul , statutes of the State of Minnesota end �e- gutatio�s of public authority havin� cognizance, con- struct, maintain and operate said overhead pedestrian passageway hereunder; b. That said permittee shall pay the costs for the pub- lication of this Ordinance; c. That said permittee shalt pay the costs of adminis- tration , engineering and inspection incurred by the Department of Public Works due to this �undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,Q�O.AO) and shatl be accounted for under a se�arate Department of Publ i c !�'orks project number; d. That said permittee shall furnish the Department of Public 1•/orks atl docur.�ents of record for said over- head pedestrian passageway that are a part of the contract or incidental to tts execution including, � - � but not 1 imi ted to, addendur�s , a�,�ard of contract, contract amount, "as built" pians , tracings and trac- ings of shop plans ; ' e. That said �ermittee shall construct said overhead pedestrian passageway to the satisfaction of the Dir- ector of the Department of Pubiic 1•lorks in accordance ��ith approved plans and specifications of t`�e Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans and specificetions on file in the Department of Public idorks. Such construction shall be made in strict compliance with the American Assoctation of State Highway and Transportation Of- � ficials {AASHTO) Specifications , as ariended, and the Uniform Building Code and be authorized under a build- ' ing permit issued by the Departr.�ent of Community Ser- • vices , Division of Housino and Building Code Enforce- . men t; f. That' sai d perr�i ttee and/or i ts successors in inter- est shall fully in�der,nify, hold harmless and defend the City of Saint Paul , its agents , officers and er�- ployees f rom any and all damages , claims � losses , judgments � suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with t`�e construction , erection , maintenance, operation and/or removal of said overhead pedestrian passageway here- under ; and that supplemental to all other obliaations on their part , jointly and/or severalty, hereunder, said pernittee and/or its successors in interest � s�all furnis`� �and naintain and �ay all pre�iuns anC estri an passa�e�.lay ; �BCOVer JL5 �@850naDIC GOSL �ncurrea ine�CUy � �vm �a�u Surety; ��hich Surety Bond shal•1 remain in full force • ILIJ� � AI��ON _ ' V � a a v � .�.� � �� aa v � File nV. �!� r � �•I�) � - 0rdin�nce Ordinance NO. _�� c�-��- 'resented By Referred To Committee: Date Out of Committee By Date and effect as long as said overhead pedestrian passage- way or any part thereof remains in East Eighth Street as sha•m on the plans on file with the Department of Pu51 i c l�;orks. The Surety Bond shal l be in such form as shall be approved by the City Attorney and shall have such surety as shal l be approved by the Df rector of Fin- ance and ttanagement Services ; t. That sai d permi ttee and/or its successors iri inte�est shall submit proposed plans and specificattons to the Department of Public Worl:s for review and approval of any intended structural repai rs or majo� maintenance work on said b�idge, before any such work is carried out. Upon completion of such structural re�airs appro- ved by the Departr*ient of Publ ic !•lorks, permanent �epro- . ducible tracings shall be furnished the Department show- ing the �•�ork done and marked wi th any "as bui lt" changes as well as reproducible shop drawing tracings of the same; • u. That the successors i� interest to the per.mittee in eac� instance shall submit the necessary insurance documents to the Office Engineer of the Department of Public �•lorks. The Office Engineer in turn sha11 submif said documents to tF�e City Attorney of the City of Saint Paul for re- view and, if said insurance is sufficient , said documents shat l be fi led with the Di rector of Finance and �4anagerr�nt Services of the City of Saint Paul ; ; ' Section 3. � That this Ordinance shall take effect and be in force thirty (30) . days from and after its passage, approval and publication. COUNCILM14:EN ' Requested by Department of: Yeas MC�JIAHON Nays � . . � Publ i c Works �1�' Hozza in Favor ,. - ^ ;'� � �� Hunt O B /l � •� (� ,f' �i�;'�= ��t � _ Levine Against Y � Maddox , �I . csco MQY i �9�V Form Approved b 'ty A rney 4do by Council: 'Date .ertified P by ouncil Secfetary Hy By MQY 'cJ �98� Appr v d by Mayor for S m sion to Council �pproved by� . yor. Date � � /; � ti �i��t' � /��C/'�; A� ��,C.�[, ._— By — . _ _ � R�JSt�fD M AY 1 0 198�J:` ` � . ' .._ DIINNESOTA PUBLIC RADIO CITY WALK CONDOMINIUh1 AND RAMP , r - —-—- --- — _—� a' �� :�.r v a. ��t. Eighth Street � � � � � � � • :;'.:::� w • w � • ::�+:i�i's � � s f � • � := • a � � r � i � � - ....... ,... _.. .... i � . � � � � . r::::::::::::::: � s � ...... � � • s • � s ' ■ iz:::::>�<':�:: • � . � i � • s s � ` �:;'`?� i DONALDSONS � . . � . -. ( , � : . . . >:i:a i �t � • � i � • , �:;:ii;:>:��:'s � / • � � ! • �i�:��;i;:i:� � � b f � K � - s a s ; s a ■ � � a '' ' � � a • � � r • � w I � ''•'.'�.�:*• - � ■ « s � 1 ....... . .... ------ -�------ --, ---�-- - --- - - - - --" --- —'.'1 ' F � TOWN SQUARE PARK i � � �XHIBIT B - - - -- - - -- - - - - - -- -- � - - - _� Skyway Level : easement �'"""" - --�"'-' � bridge i i — directional s�gn ; _ ,► -- �,__� ��..� , -- - •. , � --- -. _ ' ; .�,, �D �� --N . ' �� , d i.fl � I � . 1 ''� � . (SAMPLE) ��` ��-! GRANT OF E1�SEMENT WHEREAS, OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota cor- poration, 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 Skyway Agreement dated 19 , by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, . the City of Saint Paul , Ted Glasrud Associates, Inc. , TGA, Inc. , the Port Authority of the City of Saint Paul, and the Grantor herein, to grant to the City of Saint Paul a public easement for a second floor level pedestrian way, with vertical access and connecting ground level easement, also described as the Skyway Bridge and Pedestrian Concourse System, through Grantor' s Property. � NOW, THEREFORE, in pursuance of that Agreement, and in con- sideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receint and sufficiency whereof is hereby acknowledged, Grantor, for itself and its successors and assigns , does hereby grant unto the CITY OF SAINT PAUL, a Minnesota muni- cipal corporation, an easement for public pedestrian transit in, through and over that part of the Grantor' s Property and the struc- tures thereon, described as follows : together with an easement ,for public ingress to, egress from and transit to and for said System by �way of vertical access from Street to the pedestrian concourse, described as follows : -:(none in Town Square) and also together with an easement for public access on the ground floor level from the foot of the above described vertical access . facilities to public sidewalks , described as follows : (none in Town Square) , all of which above described areas shall be collectively referred to as th'e "easement" . EXHIBIT C a� (�� -2- sG►'�a.7�� Public use of the easement area is exoressly herein made subject to such reasonable police measures regarding open hours and closing any part or all of the easement within, on or over Grantor' s Property during non-business hours 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 granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) or all of the easement within or on Grantor' s Property as the City of Sa�nt Paul may, by agreement with Grantor or its successors or assigns, from time to time, determine. This provision shall not diminish the City' s right to, from time to time, exercise its police powers unilaterally, con- cerning hours open for public use, or temporarily closing part (s) or all of the easement to the public, or concerning public conduct � within the System, nor shall such agreed or legislated hours in any manner restrict City' s easement i.nterest, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the City' s easement during the hours so agreed or legislated. The grant of easement herein shall be subject to the right of � the Grantor to change the Iocation of the easement conditioned 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 the approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Saint Paul, such approval not be unreasonably withheld, and, on the further condition that said new easement shall be surveyed anc� described by a registered land surveyor at the expense of the Grantor. Lack of • approval or disapproval of-�the request for a change of location of .easement by Grantor within ninety �C90) days following the date on : which request for such change together with plans and specifications therefor are submitted to the City shall be deemed approval. � Notwithstanding anything' to the contrary herein, the easement given 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 discontinued in the manner required by law. B. In the event the building (s) , in, upon or over which the easement is located shall- be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that _ in the event such building (s) be recon- structed or replaced, Grantor, its success- ors and assigns a�ree that, witho.ut further . �'��.�� -3- 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 that for and during the life of said easement, Grantor, or its designee by separate agreement, shall be responsible for and/ or provide for the cost of all repairs, improvements and replace- ments of the public way or Skyway Bridge and Pedestrian Concourse System as it passes through its building or on or over its land as described herein, it being understood that the aforesaid covenant shall run with the land. � Grantor reserves unto itself, its successors and assigns, the unconditional right and privilege of selling, conveying and transferring the Property described above or any interest therein. In the event of transfer of the Grantor's interest in the property, the Grantor (seller) transferor may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or ob- ligations on the part of Grantor (seller) contained in the Agree- ment which are thereafter to be performed; provided that the transferee fully and without limitation assumes in writing all duties, ; responsibilities and covenants of the Grantor hereunder. TO HAVE AND TO HOLD said easement for a public way or Skyway Bridge and Pedestrian Concourse System, togetlier with all rights of ingress and egress appertaining thereto until the System is vacated or abandoned in the manner required by law, or terr�inated in 'accordance herewith. IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of � 19 . OXFORD DEVELOPMENT MINNESOTA, TNC. . _ By . . . Its - By . Its �� -4- STATE OF MINNESOTA ) � ) SS.: COUNTY OF FtAMSEY ) � On this day of , 19 , before me, a Notary Publi w thin and for said County, appeared and . . . . . to me personally known, who, being each by me .duly sworn, did say that they are respectively the � and � of OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, that said instrument was signed by authority of its directors, and said � " � and acknowledged said instrument was the free act and deed of said corporation. Allied Central Stores, Inc. , a Missouri corporation, hereby � consents to the above Grant .of Easement by Oxford Development Minnesota, Inc. , to the City of Saint Paul. � .:,...: By _ � Its � By . Its -5— ��c,�� STATE OF ) ) SS . COUNTY OF ) On this day of , 19 , before me, a Notary Public within and for said County, appeared and , to me personally known, who, being each by my .duly sworn, did say that they are respectively the and of ALLIED CENTRAL STORES, INC. , a Missouri corporation, that said consent was signed by authority of its directors, and said � and acknowledged said consent was the free act and deed of said corporation. �, `, f t Q� STAT� 0� MINN�SOTA ) Cawzty o� Ra,naey ) SS. � CITy D� SAIIVf PAUL ) C� � � I, . . . . .. . .. . .Albert.B: �O1son: . .. . .. . .. . . . . . . . .. .. .C�.ty C.�2JtFt o� �he C.i,ty o� S t. Pau,�, ali,nne.�a�a., do heh.eb y ce�r,ti.5 y �h.cr,t I have companed �h.e a�t.a.ched copy o� Counci.e �.i,e.e No. .�7,9,�,9,5. , . , , , , , and .i.t,� a�t�r.chme,n,tb, a,a adopted 6 y �h.e C.i.ty Counai.e on `Q,-�'', . .. . October. 210. . . . . . . . . . . .. . . . . . l9..82. � and appnoved by �:h.e Mayon. . . . .Octvber.2.�. . :. . . . . . . . . . . . . 19..82 . . . . . . � � � w.i.th �'he o�u.g�,wa.� �he�ceo� on �-i.ee �.n m� o5��.ce. ccs c�, � t�— o I �wr,tl2esc ce�r,t,i.�y Zha.t aa,i.d copy .i,b a �.u.e and cotv�.eat capy o� �scc„i.d o�r,i.g�,na.e� on �.i.Ce �.n my a��.i,ce. GII TN�SS my ha.nd and �he e ea,2 a� Zh.e C.i,t y o� Sa.c,n� Pau.e, M.i.nne,da�ci. �h,i�.. 27th. . . . . . .. . . . . . .da.y o�. .October� . . . . . . . . . . 19 82 . . -, , . . . ... .. . . . .. . .. . . . . . . . . , , �� "' > ° �Gity C.2enF�. � �� ,�;,.�� ,: „ 4 . , .� ., s� . ,,.. .^ , �Y �r�y �t� � � � �i { 1 '�'.*' ,1� . ) `�h ( 1 ! � �� soo.oa — � .v.+!Tc` - =�T. GLE�+K �••y�VL'�� ,Py,� '_ .-,..AN�e (jITY Ot' SAII� T � ALTL Council �' jA� fJV — _.EP4A�MEVT � � � Bi_�+�t — +na�7A File N0. City, Attny/PBB CQU ci __R sol�tion Presented By � Referred To � Committee: Date Out of Committee By Date � O BE IT RESOLVED, by the Council of the City of Saint Paul, o that the City Clerk is directed to accept and keep on file that � certain Pedestrian Concourse Agreement, dated June 6, 1982, � between the Housing and Redevelopment Authority of the City of '1 Saint Paul, Minnesota; the City of Saint Paul; Ted Glasrud C� Associates , Inc. ; TGA, Inc. ; the Port Authority of the City of St. Paul; and Oxford Development Minnesota, Inc. , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 5, 6 , 7, 8, 10, 11 and 12 , Block 20, Roberts and Randalls Addition to Saint Paul, except the easterly 2.0 feet of Lot 12 for street purposes, and the northerly one-half of vacated East Seventh Place accruing to Lots 7, 8, 10, 11 and 12 , except the easterly 2 .0 feet thereof; and Lots l, 2, 3, 4 and 9, Block 20, Roberts and Randalls Addition to Saint Paul, except the easterly 2 .0 feet of Lot 1 for street purposes, and the northerly one-half of vacated East Seventh Place accruing to Lot 9; and Lot 1; that part of Lot 2 lying easterly of the westerly line of Lot 6 prolonged to the northerly line of said Lot 2; and Lots 6 , 7 and 8, except the southerly 26 feet thereof; all in Block 13, Roberts and Randalls Addition to Saint Pauli and COUNCIL�tEN Yeas Nays Requested by Department of: Fletcher levine IR Favo[ Masanz Nicosia scheibe� Against BY _- Tedesco Wilson Form App ved by Cit Attorney Adopted by Council: Date - B /0-�o-$L Cert�fied Passed by Council Secretary y �5 --- ----- ------ — Approced h� �1a�o�. [)ate ___.- I Approved by Mayor for Submission to Council _,_____ .____ -----�--- I Bv _---.__ _ --- _ y - ------- -- -- -- --___ --- � WNITE' - !I?: -�ER.( � ) �� PiVK� ' — F:y,aV`E �Z� `,�.�."". >_'�°""TME"T (� I TY OF 5A I �'T ��ALT L Council e� .� - ^^°'�R File NO. � - Council Resolution � --+ r Presented By �i^-'��-It%�i��,� .:� Referred To Committee: Date Out of Committee By -- Date Oo o -2- � � � 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. COUNC[L1�EN Yeas Nays Requested by Department of: Fletcher � �evine [n Favor Masanz Nicosia Scheibel � Against BY Ted9SC� VKii�on� OCT 2 1 1981 Form Approved by City Attorney Adupted by Council: Date -- Certified s -e b� Coun Se r BY - B}, __�`�-� �._ --- � Ap�� \ nr T 982 A proaed by Mayor for Sub ��sion to Council rdJ�e b� �lavor. Date --�lL�.l_..t•-� --- �}-" ' , ': qt� � � t , . ;� __ � ��/� 4 . .. ` . /��.. Bv � �a� L-�,____'- - - � , -----_. , �:c= _'�'`_ • `� � 3 �� , � ;; ,, UE . � �w�.qA - \/ a 1 J V J ►.i�a i •� � � �� -• u File N V. r� • .l ■ �v , . •, � � rd'in�nce , Ordinancel�0. ��i �( ��r` esented By Referred To Committee: Date Out of Committee By Date � O 6 • . � AFl .ORDINANCE MAKING PROVIStON TNEREFOR AfJD GRANTIPJG U�•�TO THE HOUSING -� AND REDEVELOPMENT AUTHORITY OF TNE CITY OF SAINT PAUL, MIP:PlESOTA, A � P11Wt�ESOTA CORPORATION, AND/OR iTS SUCCESSORS IN iPJTEREST, PiRM1SSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEl1AY ACROSS EAST EIGHTH STREET BETIJEEN THE INTERSECTION THEREIJITH OF MINN- ESOTA STREET AND• CEDAR STREET. SAID OVERHEAD PEDESTRIAN PASSAGEIJAY TO BE ExTEr2DED FROM THE TOtJN SQUARE ON THE SOUTH SIDE OF EAST EIGNTH STREET TO THE NEW PUBLIC PARKING RAMP ON �THE NORTH SIDE OF EAST EIGHTH STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES OROAIN: . Sect i on 1. That permission and authority are hereby granted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota Corporation and/or its successors in interest to construct, naintain and operate an overhead pedestrian passageway across East � Eighth Street between the intersection the rewith of Minnesota Street and Cedar Street. Said overhead pedestrian passageway to be exte�ded from Town Square on the south side of East Eigth Street:-ro the new � public pa�king ramp on the north side of East Eighth Street. ' ' Section 2. ` That the Di rector of the Department of Publ i c.IJorks i s hereby � authorized to issue the necessary permits to said permittee, the Hous- � ing and Redeveloprr�nt Authority of the City of Saint Paul , Minnesota, for the construction, maintenance and ope�ation of said overhead ped- estrian passageway according to plans and specifications approved by • the Department of Publ�i c ldorks and at the se�arate cost and expense of said permittee, upon said permittee's conpliance wtth the follawing condi ion� • COUNCIGMEN Requested by Department of: �as N ay�s [n Favor Against By � Form Approved by City Attorney �11��. � lopted by Council: Date �rtified Passed by Council Secretary By By proved b�• �1ayor: Date � Approved by Mayor for Submission to Council Bv ---- — - .- BY - - ..- --- -—. . ._ — --.. . .. - •- : '. ` / - ._ � '��" �JC� �� '�ti$ . .� - 2 - �O � ------ - � . a. That said permittee and/or its successors in inter- g est shatl , at its own cost and expense and in accord- -� ance with alt applitable ordinances of the City of � St. Paul , statutes of the State of Minnesota snd re- gutations of pubtic authority having cognizance, con- struct , maintain and operate said overhead pedestrian passaoe��ay hereunder; b. That said permittee shall pay the costs for the pub- lication of this Ordinance; c. That said permittee shall pay the costs of adminis- tration , engineering and inspection incurred by the Department of Public Works due to this 'undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,0��.00) and shall be accounted for under a separate Department of Publ i c !�!orks project number; � d. That said permittee shall furnish the Department of Public l�lorks all docur�ents of record for said over- head pedestrian passageway that are a part of the contract or incidental to its execution including, � - ' but not 1lmited to, addenduMS , award of contract, contract amount, "as built" plans , tracings and trac- � ings of shop plans ; e. That said �ermittee shall construct said overhead pedestrian passa9eway to the satisfaction of the Dir- ector of the Department of Public 1•lorks tn accordance v�ith approved plans and specifications of the Housing and Redevelopr�ent Authori ty of the Ci ty of Sai nt Paul , Minnesota , said plans and specifications on file in the Department of Public 1Jorks. Such construction ' shail be made in strict compliance with the American Assoctation of State High�vay and Transportation Of- � f i ci als :(AASNTO) Speci f i cati ons , as ar*�ended, and the � Uniform 6uilding Code and be authorized under a build- � ing permit issued by the Deoartr.�ent of Community Ser- ' vices � Division of Housing and Building Code Enforce- . _ men t ; , f. That. said perr�ittee and/or its successors in inter- est shall fully indennify, hold ha�mless and defend the City of Seint Paul , its agents , officers and er�- ployees from any and at1 damages , cla�ims , losses, judgments , suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with t`�e construction , erection , mainte�ance, ope�ation and/or removal of said overhead pedestrian passageway here- under ; and ttrat supplemental to all other obliaations on their part , jointly and/or severally, hereunder, said pernittee and/or iis successors in inte rest � s`�all furnis'� �and naintain and �ay all pre�iuns anC �� c-- , . , �..�'�; _J(;_ . � . ' a r�j-., . � _ 3 _ `Z'�Ls c �� `9 - \ .. . � other expenses therefor, Casualty tnsurance Cover age wPth a duly ltcensed Casualty Insurance Company to the extent of $500,000.00 for inJury to any per- son and/or.•pe�sons in any single incident and to the . extent of .$200,000.00 for damage to prope rty in any . single accident, Tnsuring the City of Saint Paul � agatnst liability on account of all claims of third persons for inJury to person(s) and/or property aris- ing from or connected with the construction, erection, maintenance, operation and/or removal of said struct- ure, 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 ; that such minimums shall be subJect to increase by action of the City CounciT in the event statutory municipal liability limits are altered in • any way hereafter; g. That said permittee shali not proceed with construct- ion unless and until said permittee shait have fully complied with the provisions regarding insurance and . indemnification contained in the City of Saint Paul , ' Department of Public Works "Standard Supplemental Spectfications For Highway Construction" dated July 10 , � 1�79, Section No. T305.2. For the purpose of this Ordinan ce the aforesaid Se ction of said Specif- ications shell be read as though the word "pernittee" was substitu.ted for the word "contractor" wherever the same appears therein. Section 1305.2 of t!�e De- partment of Public I�lorks , City of Saint Paul , "Stand- � ard Supplemental Specifications For Highway Construct- ion" dated July l0 , 1979 is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim; h. That said pe rmittee and/or its successors in inter- � est , shall among other things , at their o��m cost and expense r�ake adequate and effective provisions there- for and drain ali moisture, rain , and snow ��hich shall accur�ulate ther.eon by proper devices through said over- ' head pedestrian passageway and in a manner so that the flowing and/or spilling of sane on any part of East Ei�hth Street shail be prevented' at all times. Said permtttee and/or its successors in interest shall matntain and operate said overhead pedestrian �assa�e- way at its sole cost and expense in a. safe condition for pedestrian travel . Such maintenance to include , but shsll not be linited to, glass , f1oo�, r�etal trin and hardi•,are cteaninq, polishin4 and replacement; roof maintenance ; re{�ainting; lioht bulb replacer�ent " and light fixture cteaning ; and the supoly of heat:d and c�a.led ai r ti��it!�in sai a bri��'ge t� raintain ten�er- - at��res Con�arable to that nor„ally naintained :•�i thin :f' .._. � �,��,,�� J� . � u ri '.s� lJ� 4 O O O -. _ � heated and air-conditioned office spaces , except as ^ • � may be altered by energy conservation guidelines; i. That said pe rmittee and/or its successors in interest shall � at all times , construct and maintain atl the supports of sald overhead pedestrian passageway en- . tirely within the lines of the subject private real estate and entirely without public street right-of-way; j. That sald permittee shall notify the Traffic Bureau of the Department of Public 6lorks if the construction or maintenance of said overhead pedestrian passageway shall make necessa ry the closing of East Eig!�th Street or any part thereof. Ali expenses incurred by the Traffic Bureau in furnishing , installing or removtng barricades , signs and othe� controi devices shall be paid by the permittee; ' � k. That sa�d permittee and/or its suctessors in interest shall not use any part of said overhead pedestrian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paul � � and the appltcation thereto of any advertising mat- erial or dtsptay shail be deer�ed prohibited by this Ordinance; � 1 . That said permittee and/or its successors in interest shall , at all pertinent times , in the construction, maintenance and operation of said overhead pedestrian passageway hereunder, provide a minimum vertical clear- ance of at- least 17 feet 4 inches between and through- out the course of the bottom of said structure and the surface of East Eighth Street except as may be altered . by the City's future street ��+ork; m. That said pe rmittee expressly agrees to comply with " Chapter 216 of the Saint Pau1 Leg�slative Code as ' amended pertaining to street obstructions ; n. That. said permittee and/or its. successars in interest � shail compTete the construction and erection of said overhead pedestrian passageway by not later than one (1) year after corimencement of construction. Said com- mencement shall be evidenced by Public :�Iorks ' receipt of a w�itten notification thereof, and shall be dated therein, as further provided for under paragraph (o) beloti�; o. That said pernittee shall notify the City Bridge En- gineer of tfie Department of Publ ic 1•!orks before and when construction starts and notify the sar�e said Sridoe Engineer ►•�hen construction has been con�leted to alloa� for a fin�l insoection o` said overhead� ped- estrian p�ssa,c�e�:�ay; _ t ..- . , ti,, � � .�o � ` .E' 0 _ 5 _ , ti .: � ;ti., 0 c, . � p. That said overhead pedestrian passageway shall be re- � moved by and at the sole cost and expense of said per- mittee and/or its successors in interest ��henever the Council of the City of Saint Paul shall by Resolution determine such renoval necessary in the public inter- est and accordingly order the removal of said struct- ure from said location ; q. That sai d perni ttee shal l , wi thi n a per•i od of titi�enty (20) days after the publ i cat i on of thi s Ordi nance, file with the City Clerk its written acceptance of this Ordinance and agreer.�ent to be bound by�alt the provisTons , terns and conditions thereof without lim- itation which written instrur�ent of acceptance and agreement shall be in the foi-m approved by the City Attorney; r. That upon the execution of an agreenent by and between the City of Saint Paul , the Nousing and Redevelopment Authority of the City of Saint Paul , Flinnesota and the applicable buitding/property owners respecting the said pedestrian pessageway the permittee , the Housing and Redevelopment Authority of the City of Saint Paut , tlinn- , esota shalt be relieved of any further obligation under the terms of this Ordinance, and the successo�s in in- terest of the perni ttee, the appl icabte bui lding/pro- perty o��ners shall assume such obligations including . responsibility for paying insurance premiums of said : overhead pedestrian passageway connecting their build- ings and responsibility for providing the maintenance, repair and ope ration of the same; � ~s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terns of this Ordi�ance to its successors in in terest , said permit- tee's successors in interest shall furnish and deliver unto tfie City of Saint Paul a Surety Qond in the amount ! of One Hundred Thousend Dollars (5100,�b0.00) for said overhead pedestrian passageway (bridge) , made and ex- ecuted by said pernittee' s successors in interest as ' . Principal and a Corporate Surety Company duly author- ized to transact business in the State of tlinnesota as surety to and in favor of the City of Sa�nt Paui � as obligee, conditioned upon the permittee's successors in interest complying with the terms a�d conditions of this Ordinance and also conditioned that, in the event the permlttee's successors in interest fail to maintain, operate or repair said overhead pedestrian passageway to a reasonable standard of safety, or fail to remove said overhead pedestrian passageway upon order by_.the Councll , .the City of Saint Paul may undertal:e the main- - tenance, operation , repai r or rer.ioval thereof and may recover its reasonable cost incurred thereby from said Surety, wfii �h Surety Bond shal•1 renain in full force • � - vc.-.�- ....c�. � <J1 1 I tli' �Jt111\ 1 1 A V L J �i� ��` _ M..op File N U h 4 �� /Hr ' O/ WZ/`�/`CG OrdinanceNO. f �' �,��1.�' '. , 'resented By Referred To Committee: Date Out of Committee By Date and effect as long as said overhead pedestrian passage- �o way or any part thereof remains in East Eighth Street � as sha•m on the plans on file with the Department of � Pu51 i c 1�forks. The Surety Bond shal l be in such form G � as shall be approved by the City Attorney and shall have � such surety as shal l be approved by the Di rector of Fin- � ance and t+anagement Services ; t. That sald permittee and/or its successors ir1 interest shall submit proposed plans and specifications to the Department of Public Worl:s for review and approvai of any intended structural repai rs or ma,jor maintenance work on sai d bri dge, before any such work is carried out. Upon completion of such structural re�airs appro- - ved by the Departr.�ent of Publ ic 1lorks , permanent repro- . ducible tracings shall be furnished the Department show- ing the +•�ork done and marked with any "as built" changes as well as reproducible shop drawing tracings of the same; ' u. That the successors in interest to the per.mittee in eac� instance shall submit the necessary insurance documents to the Office Engineer of the Department of Public l•lorks. The Office Engineer in turn sha11 submit said documents to the City Attorney of the City of Saint Paul for re- view and, if said insurance is sufficient , said documents shall be filed with the Director of Finance and Managerr�nt Services of the City of Saint Paul ; Sect i on 3. � That this Ordi:nance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCIL(14F,N Requested by Department of: Peas MCi�IAHON Nays � �, �_ Publ i c blorks Hozza [n Favor ,. - ,^ � �� Hunt , ��. . .�z (��'��.'� �°�r�_ :� - , Levine � 'Agaitlst By � �� Maddox . �� _ sco MAY i 19�o Form Approved b 'ty A rney �do by Council: Date ,ertified P- by ouncil Secjetary By By MQY 'rJ �9�� Appr v d by Mayor for S m sion to Council �pproved bp . yor: Date � , �, ��.��i�.� :_� B� �J,��-� , % ,��- _ . _ R�:t1ShfD M AY 1 0 19$0 : • � - ' -._. � � . P1INNESOTA PUBLIC RADIO CITY WALK CONDOMINIUh1 AND RAMP . 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I � � - - � � 6 (SAMPLE) O .� • � GRANT OF E�BEMENT � WHEREAS, OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota cor- poration, 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 Skyway Agreement dated 19 , by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, . the City of Saint Paul, Ted Glasrud Associates, Inc. , TGA, Inc. , the Port Authority of the City of Saint Paul, and the Grantor herein, to grant to the City of Saint Paul a public easement for a second floor level pedestrian way, with vertical access and connecting ground level easement, also described as the Skyway Bridge and Pedestrian Concourse System, through Grantor' s Property. NOW, THEREFORE, in pursuance of that Aqreement, and in con- sideration of the sum of ONE DOLLAR ($1 . 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor, for itself and its successors and assigns , does hereby grant unto the CITY OF SAINT PAUL, a Minnesota muni- cipal corporation, an easement for public pedestrian transit in, through and over that part of the Grantor' s Property and the struc- tures thereon, described as follows : together with an easement for public ingress to, egress from and transit to and for said System by way of vertical access from Street to the pedestrian concourse, described as follows : --(none in Town Square) and also together with an easement for public access on the ground floor level from the foot of the above described vertical access facilities to public sidewalks, described as follows : (none in Town Square) , all of which above described areas shall be collectively referred to as the "easement" . . EXAIBIT C � � . , ' _2_ � Public use of the easement area is expressly herein made subject � to such reasonable police measures regarding open hours and closing � any part or all of the easement within, on or over Grantor' s Property � during non-business hours 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 granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement within or on Grantor' s Property as the City of Saint Paul may, by agreement with Grantor or its successors or assigns , from time to time, determine. This provision shall not diminish the City' s right to, from time to time, exercise its police powers unilaterally, con- cerning hours open for public use, or temporarily closing part (s) or all of the easement to the public, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City' s easement interest, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the City' s easement during the hours so agreed or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon the grant of a new easement which shall 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 the approval of the Housina and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Saint Paul , such approval not be unreasonably withheld, and, on the further condition that said new easement shall be surveyed and described by a registered land surveyor at the expense of the Grantor. Lack of ' approval or disapproval of the request for a 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 City shall be deemed approval. � Notwithstanding anything to the contrary herein, the easement given shall be limited to the life of the improvements constituting' . the System and shall terminate upon the happenin.g of either of the following events : A. In the event the easement granted herein is vacated, abandoned or discontinued in the manner required by 1aw. B. In the event the building (s) , in, upon or over which the easement is located shall- be substantially .destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that - in the event such building (s) be recon- structed or replaced, Grantor, its success- ors and assigns agr:ee that, without further . . I3 � 0' a -3- � • S1 • � 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 that for and during the life of said easement, Grantor, or its designee by separate agreement, shall be responsible for and/ or provide for the cost of all repairs, improvements and replace- ments of the public way or Skyway Bridge and Pedestrian Concourse System as it passes through its building or on or over its land as described herein, it being understood that the aforesaid covenant shall run with the land. Grantor reserves unto itself, its successors and assigns, the unconditional right and privilege of selling, conveying and transferring the Property described above or any interest therein. In the event of transfer of the Grantor 's interest in the property, the Grantor (seller) transferor may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or ob- ligations on the part of Grantor (seller) contained in the Agree- ment which are thereafter to be performed; provided that the transferee fully and without limitation assumes in writing all duties, responsibilities and covenants of the Grantor hereunder. TO HAVE AND TO HOLD said easement for a public way or Skyway Bridge and Pedestrian Concourse System, togetlier with all rights of ingress and egress appertaining thereto until the System is vacated or abandoned in the manner required by law, or terrainated in accordance herewith. : IN WITNESS WIiEREOF, Grantor has hereunto set its hand this day of � 19 . OXFORD DEVELOPMENT MINNESOTA, INC. BY — Its - By Its � � �c o • � - � -4- � STATE OF MINNESOTA ) � . ) S S.. COUNTY OF F2AMSEY ) � On this day of , 19 , before me, a Notary Public ithin and for said County, appeared and . to me personally known, who, being each by me �duly sworn, did say that they are respectively the and of OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, that said instrument was signed by authority of its directors, and said � � � and acknowledged said instrument was the free act and deed of said corporation. Allied Central Stores , Inc. , a Missouri corporation, hereby � consents to the above Grant of Easement by Oxford Development Minnesota, Inc. , to the City :of Saint Paul. . By ' Its � � By � Its � � � ' ' ' O Q � -5- � `� ' STATE OF ) ) SS . COUNTY OF ) On this day of , 19 , before me, a Notary Public within and for said County, appeared and , to me personally known, who, being each by my duly sworn, did say that they are respectively the and of ALLIED CENTRAL STORES, INC. , a Missouri corporation, that said consent was signed by authority of its directors, and said and acknowledged said consent was the free act and deed of said corporation. . � � � , CITY WALK/TOWN SQUARE � 6-7-82 . o', - ��"� 9 ` • � SKYWAY AGREEMENT THIS AGREEMENT is made and entered into this 6th day of June , 1982, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereafter referred to as the oH�n, i the CITY OF SAINT PAUL, a municipal corporation, hereafter referred to as the "City"; TED GLASRUD ASSOCIATES, INC. , a Minnesota corporation, hereafter referred to as "Glasrud"; � TGA, INC. , a Minnesota corporation, here- after referred to as "TGA"; � the PORT AUTHORITY OF THE CITY bF SAINT PAUL, a public corporation organized . and existing under Chapter 458, Minnesota Statutes, hereafter referred to as the "Authority"; and OXFORD DEVELOPMENT MINNESOTA, INC. , a � Minnesota corporation, hereafter referred � to as "Oxford" . . . . WITNESSETH: � WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. R-2O, and the Central Core Urban Renewal Project, Minn. A-1-5, undertook to develop a pedestrian skyway . system within the Downtown Central Business District and the Central.` Core Renewal Area, hereinafter referred to as, the "System"; and WHEREAS, the City, �ursuant to Chapter 764 , Laws of Minnesota 1973, is authorized to operate the System; and - WHEREAS, HRA, City, Authority, Glasrud and TGA have severally _ entered into various agreements and commitments, including that Contract For Sale Of Land between City, HRA and Glasrud dated , . � 1 ,, � � , -2- ��'� , December 30, 1980, for the construction of a public parking facility � (hereafter, "Ramp Project") and some 236 condominium units with � � additional parking spaces (hereafter, "Housing Project") to be con- 4 structed in the air space over the Ramp Project, located on the '� easterly half of that block bounded by Eighth, Ninth, Minnesota and (� Cedar Streets (all of said Improvements collectively referred to here- after as "City Walk") ; and WHEREAS, Authority is the owner of the real property on which such City Walk Improvements are to be constructed; and WHEREAS, Oxford has constructed and owns the Improvements (here- after, "Town Square") located on Block 27, that block bounded by Eighth, Minnesota and Cedar Streets and vacated East Seventh Place, which Improvements are subject to certain requirements concerning ex- tension of the pedestrian concourse system through Town Square to a bridge crossing Eighth Street in that Contract For Sale Of Land dated August 26, 1977; and WHEREAS, because Oxford has leased to Allied Central Stores, Inc. (hereafter, "Allied" ) that part of Town Square to which said skyway bridge will be linked a nd through which the connecting concourse be- tween said skyway bridge and Town Square will pass, it will be necessary for Oxford to obtain Allied' s consent to this Agreement; and WHEREAS, the parties desire to construct a skyway bridge over Eighth Street and accompanying systems and access facilities to connect 'Town Square with City Walk; and � WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Eighth Street; � and WHEREAS, a benefit will inure to the respective property owners by virtue of construction of this segment of the System, and the • � possible future linkage to other portions of the System; and WHEREAS, the City by Ordinance No. 16656 , Council File No. 274728 , granted the HRA permission to construct and operate a skyway bridge acr.oss Eighth Street between Minnesota Street and Cedar Street, which Ordinance is attached hereto as Exhibit A. . � � -�o -3- O O � � BRIDGE CONSTRUCTION � � 1. The HRA agrees to design and construct a skyway bridge connecting Town Square with City Walk in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green and Abrahamson, for Bridge No. 95369 (Mn Dot) , dated December 15, 1981, and reviewed by Oxford and Glasrud. HRA will construct all mechanical , electrical and drainage systems, install- ations and connections as sho��n in the approved plans and specifi- . cations to be part of the HRA eonstruction contract. 2 . Oxford and TGA shall be responsible for and provide at � their own cost all necessary support structur�es within Town Square and City Walk respectively for accommodation of the bridge. TGA shall also �rovide necessary supnort structures within City Walk for future bridges to the north and to the east according to HRA � and City snecifications . ' 3 . Said skyway brid,ge shall include the necessary mechanical and electrical equipment for heating, ventilating and air ' conditioning ("HVAC") ,-- lighting and roof drainage. The mechanica.l, electrical and roof drainage systems of the bridge shall be tied into the respective systems of the City Walk, which City wal?: systems shall be of sufficient capacity to serve the bridge. Pursuant to the bridge construction contract,� the bridge mechanical, electrical and roof drainage lines shall be capped a minimum of two feet inside the City Walk building line, and the connections of these lines to the City . Walk systems shall tlzen be connected by TGA. � � � � � . � ��9��'� .� � o . � -4- • � 4 . HRA will include a provision in its contract for the construction of the skyway bridge, whereby the contractor consents to the assignment of warranties to the owners of the buildings abutting the bridges, and HRA shall assign such warranties to them following approved contract completion, with- out relinquishing it own rights under such warranties, and, if necessary, HRA will cooperate and assist in any prosecution of lawful and �roper claims such owners may later assert against the contractor (s) or others arising from faulty design or construction of the skyway bridge. IiRA will use its best efforts to insure that the design and construction of the skyway bridge and pedestrian concourse shall be in accordance with all applicable ordinances and state and local codes. BRIDGE COSTS 5. ; Glasrud shall pay" $100, 000 or one-four�h, whichever is less, of the total ' cost of said skyway bridge which shall in- clude all construction �costs, architectural, design and engin- eering fees, and other associated costs . Such one-fourth share of the bridge costs shall not include nor be reduced by any costs for any concourse corridors , vertical access facilities, or building structural supports . ► � d � � . .d � � ' -5- � `� . 6 . HRA shall pay the remainder of the total cost of the skyway bridge, which shall include� all construction costs, architectural , design and engineering fees, and other associated costs . Such total cost shall not include any costs for construc- ting, remodeling or reconstructing Town Square or City Walk for concourse corridors or any vertical access facilities at bridge ends, nor any costs for the provision of structural support within Town Square and City Walk, all of which non-included costs shall be borne by Oxford and Glasrud respectively, subject to such other agreements as they may enter into from time to time with other parties . 7 . Glasrud shall reimburse HR.A for its share of said bridge costs within 20 days after presentation to it of invoices by HRA. , CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES � 8 . Oxford agrees at its expense to be responsible for a � pedestrian concourse area �at the second level df Town Square in accordance with this Agreement, the Contract dated August 26 , 1977, � and all anplicable conditions of the General Policy Statement - Pedestrian Concourse System,' as revised August, 1972 . The location . � and nhysical dialensions of such pedestrian concourse area shall be as e ibed and shown on ` Exhibit B attached hereto. � � 8�'" �Dr�f ' � p�� shall at its expense provi e and be responsible _ for vertical access facilities and pedestrian concourse areas at the first and second (or skyway bridge) levels of City Walk in accordance with this Agreement, the Contract dated December 30, • � / ( �o � , d � ��9�� p � -6- 9 � 1980, and the General Policy Statement for the Construction of the Saint Paul Skyway System, adopted January 8 , 1980. 10 . Glasrud and TGA agree to construct and enclose a pedestrian concourse connection from the public lobby of the parking ramp to the condominium lobby at the second level. HRA shall reimburse Glasrud for such costs of construction. Glasrud shall provide heat, lighting and air conditioning, and pay all �� t�i��\ ��.'�� operating, maintenance and repair costs for such concourse connection. The location and physical dimensions of vertical access facilities and pedestrian concourse areas shall be as described and shown on Exhibit B attached hereto. EASE:�'IENTS AND HOURS 11. Oxford and Authority hereby agree to grant to the City a nublic easement for the pedestrian skyway system in Town Square and City Walk respectively from the floor to the finished ceiling as con- structed from time to time;' all in accordance with Exhibit B attached hereto. Said easements to be granted by Oxford and Authority shall - be in the form attached hereto as Exhibit C and shall grant to the nublic the right of use of said pedestrian skyway system through Town Square and City Walk respectively for �urposes of pedestrian inaress , egress and transit, except for such reasonable pd��ice measures regarding open hours and closing all� or part of the concourse through their property as the City may �by ordinance from time to time determine, or regarding public conduct therein as may be, prohibited by skyw�y ordinance, as it May be amended from time to time . It is agreed by all parties that the skyway �� CHANGED: 5-20-82 � -�- �,��'� � � � bridge herein and the new pedestrian concourse provided for in Town � Square and City Walk shall be open for public ingress, egress and transit for the hours during which Donaldsons Store, located in Town Square, is open for business. These pedestrian concourse hours are subject. to further agreement and amendment by the parties hereto. Any change in hours as to that portion of the concourse within the Donaldsons Store is subject to the consent of Allied Central Stores, Inc. 12. The public easement provided for herein shall be continu- ously at least a feet in width, except at nodes, if any, where it may be larger; or where stairways, presently existing Donaldson' s store trade fixtures, or the structural design of the building are such that a width of 8 feet is impossible. Such easement shall include portions on both first and second levels of City Walk including' the stairs, elevators and such other vertical access areas as shown, and the second level in Town Square. 13. Said easement shall be in recordable form and more partic- ularly described, at HRA expense, after survey of the completed pedestrian concourse public easement area by a registered land surveyor. Oxford shall convey and deliver its Grant of Easement t� City upon completion and delivery to it of the survey. Authority : shall convey and deliver its Grant of Easement to City for those portions of the pedestrian concourse in City Walk immediately adja- • cent to the northerly end di the skyway bridge over Eighth Street and leading to the elevators and stairs to the street level, in- cluding said vertical access, after completion and delivery to it of the survey therefor: 'Upon construction of a new skyway bridge! extending in a northerly direction from the northerly side. of City Walk, Authority shall convey and deliver its Grant of Easement to City for those portions of the pedestrian concourse extending through City Walk to the north as shown on Exhibit B after comple- tion and delivery to it of the ` survey therefor. Upon request by the City, and after completion and delivery to Authority of the survey therefor, Authority shall convey and deliver its Grant of Easement to City for those portions of the pedestrian concourse extending in an easterTy direction from the northerly end of the _ skyway bridge over Eighth Street as shown on Exhibit B. 14 . Oxford and AutYlority agree that the pedestrian concourse � a3 � �� -8- �'�y�3�� o within the easement herein described and the adjacent access ease- 0. � ments shall be designated as public easements and that all ordinances � � of the City applicable to the System shall govern. � � 15. The HRA and City hereby waive any right they may have to share in an award of damages in the event a public body acquires all or any part of the aforesaid Town Square or City Walk property by condemnation or under the threat of condemnation. Said waiver applies to the easement through the property but not to the skyway bridge. 16. It is agreed by and between 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 leased, loaned or otherwise made available to second parties, or any one of them (within the meaning of Chapter 272. 01 (2) of Minnesota Statutes) , it being understood that said skyway bridge is intended to benefit the public generally. OPERATION, MAINTENANCE AND REPAIR 17 . Oxford and Glasrud agree to maintain, repair and operate the electrical, drainage and HVAC facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge in good repair a.nd in safe condition for pedestrian travel, reasonably clean and free of litter and � debris. Oxford and Glasrud may contract with third parties for the execution of the foregoing obligations but shall remain primarily responsible to carry them out. , 18 . Oxford and Glasrud further agree to provide the necessary repair, operation and maintenance of the skyway bridge and its integral parts at their sole expense, without cost to the City or HRA. Such maintenance sha11 include, but not be limited to•, glass, oZ y to maintain the pedestrian concourse within Town Square property to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse . Glasrud hereby agrees to prov�de all repairs and maintenance and to maintain all portions of the pedes-, trian concourse within the City Walk as shown on Exhibit B to a reason- able standard of safety and cleanliness and to provide operating costs for said pedestrian concourse, except that portion which may extend in an easterly directior�' to a future bridge over Minnesota Street. _ i � � , . . . � . .yZ_� . � . -- --r- - ---- -- --- - -- -- ... - . �� -� �� ao . ,� � - ��9��'� � ' -12- '.� until coverage is reguired to be provided by Oxford and Glasrud pursuant to paragraph 26 below. 24. Insurance required by paragraph 26 hereunder for hazard and liability for the skyway bridge shall be a maintenance cost to be assumed by Oxford and Glasrud and shall be shared in accor- dance with the separate agreement for the sharing of operation, maintenance and repair costs that Oxford and Glasrud shall enter into as provided herein. 25. Insurance required hereunder for hazard and liability for the areas designated as easements for the pedestrian concourse shall be a maintenance cost to be assumed by Oxford for the portions located within its building, and by Glasrud for the portions located within City Walk. 26. Oxford and Glasrud shall cause there to be furnished and maintained public liability and casualty insurance coverage for the skyway bridge; ancl Oxford and Glasrud shall cause there to be furnished and maintained liability insurance for the portion of the nedestrian concourse within Town Square and City Walk respec- tively with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds , said insurance containing the folTowing minimum coverages : for property damage to the extent of $200, 000.00 in any single accident; for personal injuries, including death, .$500 , 000. 00 for each o'ccurrence . Such minimum amounts shall be subject, upon 60 days notice to reasonable change by official action of the Council of the City �� , � -13- a J � . "-' of Saint Paul, in the event statutory municipal liability limits � . are altered by legislation:�or judicial decision at any time after the date hereof. The casualty insurance shall have an all-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as reasonably determined by the City from time to time. DIRECTIONAL SIGNS 27. The location of directional or other similar signs that may be installed in the pedestrian concourse herein shall � be shown on Exhibit B. HRA shall purchas�e or provide the initial directional skyway signs . The cost of installing, including electrical connections , mounting hardware (pendants, or ceiling channel, and support above ceiling) , operating, � maintaining and repairing the directional signs herein, shall ' be borne by Glasrud for City Walk and Oxford for Town Square; provided, however, that HRA shall install and bear the expense . of the first installation in Town Square. If the location of the pedestrian concourse public easement is changed, the said signs shall be removed accordingly, and the cost of moving' and � � re-installing signs to a new easement area shall be borne by the respective parties on whose property such signs are located. If a change in the sign face is required for any �reason, this shall be done at the property owner' s expense and consistent with the graphic design stan�a.rds established for system signs . • �q I �_� � � � � -14- � � ��,� 0 0 � . 5 BINDING OBLIGATIONS � � `� 28 . This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16656, as adopted by the Council of the City of Saint Paul, and all its terms and conditions are incorporated herein by reference. All parties hereto, other than Authority, HRA and City, are considered to be permittee's successors under the terms of said Ordinance, except with respect to those obligations of the permittee which relate to initial construction of said bridge. 29 . The parties agree that in the construction, maintenance, repair and operation of the pedestrian concourses, they shall be bound by all City codes and ordinances governing the system insofar as applicable, and shall obtain all necessary licenses and permits. 30. 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 until such time as said System or that part herein is vacated and abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. 31. It is understood that this Agreement does not govern the relationships and agreements by and among Oxford and Glasrud, them- selves to each other, other than the requirements of paragraph .l9. above. It _is further understood that the Authority consents to the construction, operation, maintenance and repair of the pedestrian concourse area within the public parking ramp by �Glasrud or Glasrud' s successors and assigns , but does not obligate itself under this Skyway Agreement except as provided in paragraphs 11, 12, 13 and 14; . 3� .o � ' � � ' -15- 0 �9 � � provided, however, that the Authority's successors and assigns (not including City, HRA or TGA, Inc . ) shall be responsible for and assume the agreements and obligations of the Authority in paragraphs 11, 12, 13 and 14, and shall be responsible for and assume the agreements and obligations of Glasrud in paragraphs 17 through 33 and 36 in the event Glasrud or Glasrud's successors and assigns fail to perform said agreements and obligations or such successors and assigns are held by a court of competent juris- diction not to be liable or responsible for said agreements and obligations. The Authority undertakes and agrees that it will obligate its successors and assigns by appropriate contractual provisions in any transfer of its interest in City Walk or the public parking ramp therein to perform the agreements and obliga- : tions mentioned above as therein required. 32 . This Agreement shall survive conveyance and delivery of = the Grant of Easement provided for herein, and shall not be con- . . .sidered merged therein. Glasrud expressly agrees that the skyway bridge and pedestrian concourse areas provided for in this Agree- , : � ment benefit those Improvements which are part of City Walk which are to be constructed in air rights owned by Glasrud, and that the ` � obligations herein regarding such bridge and concourse areas touch and concern such air rights Improvements. Glasrud further expressly . agrees, for itself and its successors to and assigns of any interest ' in City Walk, or the air rights or Improvements thereon, that its agreement and obligations �under paragraphs 9, 10, 17, 18 , 19, 20, 21, � 22, 23, 24, 25, 26, 27, :.28, 29, 30 and 36 of this Skyway Agreement _ � � � . `'o � -16- o . � � � are covenants running with the land which burden the air rights and Improvements thereon, and which are not extinguished by conveyance and delivery of the Grant of Easement provided for herein, and which are fully binding upon all of said successors and assigns. Such agreements and obligations above mentioned are fully effective and binding upon Glasrud for both the skyway bridge and the pedestrian concourse area before and after conveyance and delivery of the Grant of Easement by the Authority for the pedestrian concourse area within the public ramp. 33 . The property owners herein reserve unto themselves the un- conditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved •real estate herein and assigning and transferring this Agreement to any other corporation, corporations, 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) s�all 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 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. For the purposes of this paragraph "owner" shall include, but not be limited to, lessors , lessees, sub- lessors and sublessees, and shall include therefor, Oxford and Glasrud. 34 . Seven (7) days after the issuance of the written Notice of Final BridgeInspection by the City, and its furnishing to Oxford and Glasrud, the obligations and duties contained in paragraphs 17 , 18 , 21, 22 , 23 and 26, herein above, as to said skyway bridge,' shall become operative. 3 � � � � � �'`�� . -��- 0 � 35. Seven (7) days after substantial completion of the 9 � pedestrian concourse, but no earlier than the date determined under paragraph 34 above, the obligations and duties contained in para- graphs 11, 20, 21, 22 and 26, herein above, as to said pedestrian concourse shall become operative. 36 . Any notice to the parties hereunder shall be considered sufficiently delivered if mailed, by certified mail, return receipt requested, postage prepaid, as follows : a) To: City of Saint Paul b) To: Oxford Development Donald Nygaard, Director Minnesota, Inc. � Department of Public Works 620 Conwed Tower 6th Floor, City Hall Annex 444 Cedar Street 25 West Fourth Street St. Paul, Mn. 55105 . St. Paul, Minnesota 55102 Attn: Property Manager and . and Downtown Operations Oxford Properties , Snc. HRA/City of Saint Paul, 555 Peavey Building ; Minnesota 730 Second Avenue South 12th Floor, City Hall Minneapolis, Mn. 55402 Annex Attn: ' Secretary 25 West Fourth Street � St. Paul , Minnesota '55102 • c) To: Ted Glasrud Associates,Inc, and 151 E. County Road B-2 Little Canada, Mn. 55117 City of Saint Paul � Department of Finance and Management Services Room 234 , City Hall � � St. Paul, Minnesota 55102 � : _3 3 � -18- O pA party may, by written notice, designate a different address � � �— to which notices to it shall be directed. � SAVINGS CLAUSE . 37. Nothing contained in this Agreement shall be construed to amend, alter or modify in any way, any of the provisions or ob- ligations contained in or imposed by the General Policy Statement for the Construction of the Saint Paul Skyway System, as to Glasrud; or the General Policy Statement - Pedestrian Concourse System, August-1972, as to Oxford; which are incorporated herein, except insofar as this Agreement is in direct conflict and inconsistent with said General Policy Statements , in which case this Agreement shall supercede and be controlling. , SPECIAL CONDITION 38 . Upon the written request of Glasrud, the new pedestrian concourse in Town Square provided for herein shall be open for public ingress , egress and transit at 7 : 30 A.M. Monday through Fri- day and! shall remain open until the Donaldsons. Store opens for business , and thereafter in accordance with paragranh ll of this � Agreement. Such additional hours are expressly conditioned on Oxford and Glasrud each paying one-half of` the labor and capital costs incurred in taroviding security measures for the Donaldsons Store . lIf costs are not shared as required herein, said pedestrian concourse may remain closed until the Donaldsons Store opens for business�. This paragraph and its obligations shall terminate on � December 31, 1986 . . 3 � �� 9�� 0 � -19- � � � HOUSING AND REDEVELOPMENT AUTHORITY - OF THE CITY OF SAINT PAUL, MINNESOTA I By Its ' , By Its APPROVED AS TO FORM C Y OF SAINT PAUL � � �-i�-8i � By � t May By � It rect , epartment of Planning a d conomi evelopment By I s Direc�or, Department of Finance and P4anagement Services By Its City Clerk �_ � - 3 � : �� ° � ��'� d, � � -21- 0 J ` �Ci STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The fo egoing instrument was acknowledged before me this �_..� day of � , 1982, by GEORGE LATIMER, Mayor of the CITY OF SAINT PAUL, a unicipal �corporation of the State of Minnesota, on behalf of the City of Saint Paul. - ' " �___ . S � tEEMfi�l TURdiit� � � NOTARI�PUSLIC—MIPFIdESC��',, ..�,,,. RAMSEY COUNTY � L 1Ny COr�ih.E�iret JIM1e 11�148J � Y � STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY j The foregoin instrument was acknowledged before me this a3"� day of , 1982; by JAMES BELLUS, Director of Planning and Economic eve opment or the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. � , � y__ =-�w��n+,•w•�.,iG�,,�n,-�n,nnn� • S �,nnnn�'w`nM�ve�a � � �: S!IP7'�.. � j� /'yp�� ]� ET.�%. i �� I_iY_.0�r'��.?Vd'/ S � � • �� t 1 r�Y! � �,��—�'��i��Sf3TA . STATE OF MINNESOTA ) �; �� .. ��;ra _v�GU�,.-�v � .SS. € �.nm. '_z,,ires.lu�y 29, 1987 COUNTY OF RAMSEY ) n�-•.��,r.nr�v,,v,,.�.:,.,��.,�.w�,�,:,,�w�awv. The f ego' ng 'nstrument was acknowledged before me this � �o�. . day of , 1982, by PETER G. HAMES, Director of the D nt of Finance and Management Services for the CITY OF , SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. /�G��.�e%c.r� . � � MMM/V�MP,AM � ti'�.M/�MMMMi1 r � ', �s�:w � �,. Rn�FFf^,nY F�2E�s=TTE � NOr,^�nY FIS�LIC F�aIP:N�SC)T� � . / �� -. RAiY9SEv G.)JN1Y STATE OF MINNESOTA ) � My Comm.Expires April 23, 1�367 � ) S$ . Y � COUNTY OF RAMSEY ) The fore oing instrument was acknowledged before me this � day of , 1982, by ALBERT B. OLSON, City Clerk of the CITY OF T PAUL, a municipal corporation of the State of Minnesota, on ehalf of the City of Saint Paul. � � .. _„ SUZANNE HURLEY NOTARY PUBLIC—MINNESOTA` RAMSEY COUNTY . MY Comm.Expires Aprit 12,I988 ' ' Y M . ' �� 3� � �^ s , �` � � � �}��` �� - � � -24- � � PORT AUTHORIT OF THE CITY OF SAINT PAUL 0 �� , . By • � Its � �,h 3� � L%'L. ys 4, � � BY �..^�� G�_ .: � , -, ,:- s � ,� •,�. ;r#, , %t� � y P' - ^ �Qj' ' { '' r�,r. �, ��f•`k��-. {''+�t.,� k?'!'� ��St,ff.Bai;'.��i. (Port Authority Signature Page, Skyway Agreement, Citywalk/Town Square, 1-14-82) 3 � 'o � � ��9`��' �'� � � � -25- -� � STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this � day of ��2u.�, /9��-- , before me, a Notary Public within and for said County, appeared „c��e-�� %rJ Gl�� and �i%Lt�u-�- �'1 .�-y,---- , to me personally known, who, being each by me duly sworn, did say that they are respectively the �u,��,..�- _ and � �� of the PORT AUTHORITY OF THE CITY OF SAINT PAUL, a public corporation, that said instrument was signed by authority of its Board of Commissioners and said o L�. L�� and �'��u.�� x�--� _, acknowledged said instrument was the free act and deed of said corporation. ��u� � . ��-- - , ,,i'`�o:,� JtbVEL M. OLSON �! � NOTARf PUBLIC•MINNESOTA WASHIMGTON COUNTY IiAy Gommia�on ExpI�M Spt.18.tf88 • �'f O ,� ' _ `O 8 ' S -26- � � TED GLASRUD ATES C. Y ts B s . �-I � �' . - �� .8 a • `� -2�- � � STATE QF MINNESOTA) � ) SS. COtJI�I'PY QF RAMSEY ) On this 16th day of March, 1981, before me, a Notary Public within and for said ��ty, appeared Theocbre Glasrud, to me personally known, who, being by me duly sworn, did say that he is Chairman of the TID GLASRUD ASSOCIATES, INC., a Minnesota corporation, that said instr�nt was signed by authority of its Board of Directors, and said Theodore Glasrud acknawledged said instrtunent was the free act and deed of said corporation. / ��; (/�- c�2''�[ - �MMM/�M.AM,an.i�n . ^4� �4. ■ ��y-,�:',��; Dc�JRAH A. �EP!TSCH � �`� NOT,1�:Y PU�LIC--P,qlh(��gpTq � `�:`� RR,M:;�y COUT�iTY � Aiy Commissien cz��ues Ju��e f4, 198�� g��'�N''�I��NVV1NIfV�✓i91lV v�/'.!a �� __ _ .._— -- , . +AJ(� ' ` � d*�e �4J��4 t. � � � -28- � . tJ . 9 � TGA, INC. By s s y3 � '- . ��9�� o - o • 0 � -29- -� `� , ; � s�� oF r�ru�sarA) � . , ) ss. � COUN'T'Y OF RAI�ISEY ) On this 16th day of March, 1982, before me, a Notary Public within and for said County, appeared Theodore Glasrud, to me personally knawn, �O� ��9 bY � d�y sworn, did say that he is the President of TGA, Inc. , a Minnesota corporation, that said instrtan�nt was signed by authority of its Board of Directors, and said Theodore Glas.rud acknowledged said instr�xnent was the free act and deed of said corporation. ��1�1��J. cz+�p`.. ' J'.n'° ��.L� '� VE6c�Ra��"�'�'"�'�'�n.t��a �� NOTARV P�gCI�_Lf�TSCH r MY Comm+�ssio�Fy��N�y SorA Expires June 14, 1988� -�r„1i4 _. 1 � . s l —� ' ' ' . � t�o ''� � a < -� C � a � 0 � N � � O u� � -+, N ^� O —DI � �t1 ,a sv � � _... � � � m �o � h o ,� (� � �' � I ��. o -+• � O ' �- O `.-`� �n � �° � �s ° � � C � o � � � � [1 � Z � ZZ � �� °' z t� � m o � � a � � � o t� n � m � �� _ � � � D � � O � 6`� `� �• � �° � "° a O � W ��' � � � . 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