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278734 WHITE - CITYCLERK ^Nf(��^� PINK - FINANCE 1 /J� :: CANARY - DEPARTMENT COUIICII �y�a �, BLUE - MAYOR G I T Y O F S A I N T PA U L File N O. v City Attny/PBB . , o c�l Resolution Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated July l, 1980, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; Northerly Centre Corporation; Oxford Development Minnesota, Inc. ; St. Paul Joint Venture; and Carlson Companies, Inc. , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 8, 9 and 10, Block 17, City of Saint Paul (St. Paul Proper) ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the County Recorder, Ramsey County. COUNC[LMEIV Requestgd by Department of: Yeas N ays �� Hunt Levine In Favor � Maddox McMahon B snowaite� - __ Against Y . Tedesco Wilson MAY 2 5 1982 Form Appr v by City or Adopted by Council: Date _ - Certifie assed b Co ncil �tary BY ; ' �/ By� �l`"� ' � Approved 'Vlavor• Date MA � � � A proved ayor for Subm' o Council By' — - - By �--i I�G PUBIISNED JUN 5 i9$� � DEPARTMENT: PED 2'78"73� J + ROUTING ayn 0(PLANATI SNEET �A�T� Mark 0. Senn (GREEN SHEET E T PHppE: 4971 For Admiaistrative Orders, Re�olutions, Ordinances aad AQreeaents ROUTIN6 ORDER - ROUTE EY ASSI6NEn NLMAFR; DIRECTO F N EMENT � MAYOR �"� , DEPARTMENT DIRECTOR 2 DIRECTOR� FINAN & MGT� SERVICES CITY ATTORNEY �_ CITY CLERK BUDGET DIRECTOR R�CEIVED ACTtON REAUESTEn �GLtP A D erleNS F(� Mevnaa crr.NaTUaF): �pY 1 1 1�2 Signatures for Execution of Council Resolutions MAYORS OFFICE WNAT WI�L BE ACHIEVED BY TAKING ACTtAH ON THE ATTAGHE� NteTERIAL3 �PLRPASE AND ATiANaIE)�; Update of existing Skyway Agreements between certain private parties and the City (City Attorney housekeeping work prepared by Phil Byrne) . FIN NCI 1 . $ 1t1a�TARY AND P RCpNN I IMPA _TS ANTi -tDATCif; None ATTACHMENTS �LIST ALL ATTACHMENTS): ' 1, Skyway Agreements 2, 3, eaae ne�.c.¢�v neceaa on. v�.t o o auppo cumen.ta � : . Gi.tl �toxxey: Attached 1. Counc.i.L Re6o.lu�ti.on Requ,in¢dY X YES NO i. ReaollLti.oat X YES NO 2. TnbW�ance Requ.ihedY YES X NO 2. r►,aukanc.e su66.�c�.e�tr X v�s NO 3. In6uhartce A,Ltachedf YES X NO Fiavisi+an 01�s4/29/82 HOW TO USE THE GREEN SHEET � The GREEN SHEET has several purposes: 1. To assist in routing documents and in securinq � required signatures . 2 . To brief the reviewers of documents on the i.mpacts of approval 3. To help ensure that necessary supporting materials are prepared and, if required, attached. ROUTING Most GREE�T SiiEyT actions mu5t be rev�zwed by a ^epar.:nent Director, zhe �ity attorney, �ze �irector oi Management, the Director of Finance and Management Services. Other possible reviewers/signatures are listed. BRIEFING Mcst of the GREEN SHEET headings are designed to assist in developing a precis of the decision which the attachments represent. The headings are o fered to remind users of some of the more critical elements of this brief. The Financial Bud etar and Personnel I acts heading provides a space to explain the cost benefit aspects of the decision. Costs and benefits relate both to City budqet (General Fund and/or Special Funds) and to broader f inancial impacts (cost to users, homeowners or other qroups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. SUPPORTING MATERIALS In the Attachments section, list all attachments. If the GREEN SHEET is well �one, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . � Note: Actions which require City Council resolutions include: a. Contractual relationship with another government unit. b. Collective bargaining. c. Purchase or sale of land, or lease of land. d. Issuance of bonds by City. e. Eminent domain. f. Assumption of liability by City, or granting by City of indemnification. g. Agreements with State or Federal Government under which they are providing funding. Note a=lso: If an agree�ent requires evidence of insurance/co- insurance, a Certificate of` Insurance should be one of the attachments at time of routing. SB:CS43080 , � ' � ' �� = �_ A G R E E M E N T �:�r � I,� HIS AGREEMENT, made and entered into this 6� day of T ' u � lg�, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter referred to as the "HRA" , the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City" , NORTHERLY CENTRE CORPORATION, a Minnesota corporation, hereinafter referred to as "Northerly" , OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, hereinafter referred to as "Oxford" , . ST. PAUL JOINT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as a general partner , and SPH Hotel Company, a Minnesota corporation, as a general partner , hereinafter referred to as "Venture" , and CARLSON COMPANIES, �NC. , a Minnesota � corporation, hereinafter referred to as "Carlson" . WITNESSETH: WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. R-20, undertook to develop a pedestrian skyway system within the Downtown Central Business District, hereinafter referred to as the "System"; and � WHEREAS, the City, pursuant to Chapter 764, � Laws of Minnesota 1973, is authorized to operate the System; and WHEREAS, Northerly owns a parking ramp and skyway structure located on a portion of that block bounded by Fifth, Sixth, ��: SB:CS51680 � � , . � , � � � Cedar and Minnesota Streets in the City of Saint Paul, hereinafter called "Northerly Building" ► as shown in Exhibit g-1 ; anc�. i WHEREAS, upon the blocks bounded by Cedar , Minnesota, Sixth ; � and Eighth Streets , a multi-use office, commercial, retail, ' parking and hotel development is taking place, which shall , hereinafter be referred to as "Town Square" ; and WHEREAS, p ursuant to that certain Contract For Sale of Land ' by and between HRA and Venture dated November l, 1977 which ' contract is recorded in the Office of the Ramsey County Recorder as Document No. 1995189 , Venture is the owner of Parcels A-2 and A-4 as described therein located within Town Square; and WHEREAS, pursuant to that certain Contract For Sale of Land by and among Oxford Properties U.S. LTD. , HRA and City dated August 26, 1977 which contract is referenced in those deeds filed in the Office of the Ramsey County Recorder as Document Nos. 1995800, 1995801 and 2036809, Oxford is the owner of Parcel A-3, vacated East Seventh Place and Parcel 27 as described therein located within Town Square ; and WHEREAS, pursuant to a certain Master Development Agreement dated August 11, 1979 by and among Venture , Oxford and Carlson and the Short Form Master Development Agreement dated March 29 , 1979 and recorded with the Ramsey County Recorder ' s Office as Document No. 2036810 , Venture has authorized Oxford, and Oxford /F - has undertaken exclusively for and in place of Venture the obligations of Venture as redeveloper of said Parcel A-4 -2- ` � � . � ' including the granting of all necessary public easements for the System through said Parcel A-4 ; and WHEREAS, pursuant to said Master Development Agreement, Carlson will become owner of the structure to be built on Parcel A-4, and Oxford will become owner of Parcel A-4, and Oxford is to lease Parcel A-4 to Carlson and lease the structure to be built on Parcel A-4 from Carlson and to sublease Parcel A-4 from Carlson; and WHEREAS; Venture and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parcel A-4 or any part thereof (including Oxford and Carlson) are hereinafter collectively referred to as "Owner A-4" ; and WHEREAS, Venture and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parcel A-2 or any part thereof are hereinafter collectively referred to as� "Owner A-2" ; and WHEREAS, Oxford and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parcel A-3, vacated East Seventh Place and Parcel 27 or any part thereof are hereinaf ter collectively referred to as "Owner A-3" ; and WHEREAS, an extension of the pedestrian skyway system over East Sixth Street between Cedar and Minnesota Streets from Town Square to Northerly Building has been approved by the City and HRA as part of their Seventh Place Redevelopment Project Plan, �,...= as approved by the Council of the City of Saint Paul on . December 5, 1978, in Council File No. 272155 and which is on � file with the City Clerk of the City of Saint Paul; and -3- ' i � ' "� WHEREAS, the extension of said skyway system over East Sixth Street necessitates pedestrian ingress, egress and transit through certain portions of Town Square and Northerly Building; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over East Sixth Street; and WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over East Sixth S.treet; and� WHEREAS, a benefit will inure to the respective property owners by virtue of being linked to the System; and WHEREAS, the City, by Ordinance No. 16617 , Council File No. 274025, granted the HRA permission to construct and operate a skyway bridge across East Sixth Street between Cedar and Minnesota Streets, which Ordinance is attached hereto as Exhibit A. NOW, THEREFORE, BE IT AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: BRIDGE CONSTRUCTION 1. The HRA agrees to design and construct and pay for the design and construction of a skyway bridge connecting Town Square with Northerly Building in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green and Abrahamson dated November 30 , 1979 , also known as Bid No. A-8448-S, and reviewed by Oxford, Venture, Carlson and ��-:: Northerly. Said skyway bridge shall include support structure.s . -4- ✓L��..VJiV V V � I / ` �` and related mechanical/electrical equipment for heating , ventilating and air conditioning ( "HVAC") , electrical and lighting system, roof drainage system, glass doors at the Town Square end of the skyway bridge, finishing at exterior and interior skyway bridge ends at the point of connection with Northerly Building and Town Square and insulated glass to the extent glass is used to enclose said skyway bridge, all as more specifically provided in the above referenced specifications. The skyway bridge HVAC system shall be tied into the HVAC system of Northerly Building. The skyway bridge electrical and lighting system shall be tied into the electrical system of the Northerly Building. The skyway bridge roof drainage system shall be tied into the interior drainage system of Town Square. HRA will accomplish and pay for any HVAC system, electrical and lighting system, roof drainage system, installations and connections which are shown in the approved plans and specifications to be part of the HRA construction contract. Owner A-4 and Northerly shall pay for all costs incurred in adapting the HVAC and electrical and lighting systems serving the Northerly Building to accommodate such tie-ins and all costs incurred in adapting the roof drainage system in Town Square to accommodate such tie-in. 2. 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 Owner A-4 and r�= Northerly. HRA shall assign such warranties to said parties ' upon approved completion, without relinquishing its own rights -5- JD.t.J�i�vv , � ' � "' under such warranties. HRA will cooperate and assist in any , prosecution of any lawful and proper claim which such parties � , may later assert against the contractor (s) and/or architects or + t others arising from faulty design or construction of the skyway ; i � bridge. CONCOURSE CONSTRUCTION 3 . Northerly shall be responsible for and shall pay all costs incurred in or necessitated by the construction and completion of (a) a pedestrian concourse within the skyway level easement to be herein granted in the Northerly Building (exclusive of the stairway easement) as shown in Exhibit B-1 attached hereto, and (b) a stairway within the stairway easement herein granted in the Northerly Building as shown in Exhibits B-1 and B-2 attached hereto. 4 . HRA shall be responsible for and shall pay certain costs incurred by Oxford and Venture or necessitated_ by pedestrian concourse construction and completion in accordance with the terms of the Contract For Sale of Land by and among Oxford, HRA and City dated August 26, 1977 , and the Contract For Sale of Land by and between HRA and Venture dated November 1, 1977 . EASEMENTS 5. Subject to payment required of HRA in paragraph 4. above, Owner A-2, Owner A-3, Owner A-4 and Northerly hereby r-= agree to grant to the City a public easement for the pedestrian - � skyway system through their respective properties from the floor to the finished ceiling surface as constructed from time -6- � � � ' � to time in the areas as set forth in Exhibits B-1, B-2, B-3 and g-4 , Said grants of easement shall be in the form attached hereto as Exhibits C-1, C-2, C-3 and C-4. In consideration of Northerly granting said easements in the Northerly Building shown and described in Exhibits B-1, B-2 and C-1, the City and HRA acknowledge and agree that, to the extent any inchoate easements, rights to the future grant of easements, interests in the nature of easements, or potential easements or interests therein were created in favor of the City or HRA over the premises herein described as the Northerly Building by or pursuant to that certain Contract For the Sale of Land dated October 14, 1965, between HRA and Davidson-Baker Company, all such inchoate easements, rights and interests are expressly terminated and extinguished. The easements shown and described in the Northerly Building in Exhibits B-1, B-2, and C-1 are granted pursuant to and in satisfaction of the requirement of paragraph 8 (c) of such Contract For the Sale of Land. Nothing herein shall alter or amend the provisions or procedures of such paragraph 8 (c) with respect to changes in the location of easements. In further consideration of Northerly granting said easements in the Northerly Building as shown and described in Exhibits B-1, B-2 and C-1, HRA and City agree to execute a separate agreement with Banco Properties, Inc. , owner of the premises located immediately south of and attached to the r�- � ' Northerly Building, for the vacation of that portion of an existing easement within said Banco premises shown on Exhibits -7- -- , , � /�~f �� B-1 and B-2 as "Vacated Easement" , and for the removal and disposition of all public improvements located within such easement, including an escalator , as is provided in such separate agreement. The easement areas and skyway bridge herein concerned, except only that portion of the easement areas not necessary to enable continuous passage from Parcel A-2 to and through the Northerly Building, shall be open from 7 :00 a.m. to 1: 30 a.m. , .Monday through Saturday, including until 1: 30 a.m. , Sunday mornings, and, at the option of Venture , for designated hours between the hours of 7 :00 a.m. Sundays to 1: 30 a.m. Mondays, on two week ' s prior written notice by Venture to City, HRA, Oxford, Carlson, Northerly and other parties in the System to whom the City requests in writing that notice be sent. The balance of the easement areas herein granted shall be open from 7 :00 a.m. to 10 : 00 p.m. Monday through Saturday, except that the easement areas shown in Exhibit B-2 may be closed to ingress from Sixth Street at 6 : 00 p.m. Monday through Saturday, and all day Sunday, at the discretion of Northerly when deemed necessary for security reasons. Nothing herein shall restrict Northerly from opening the easement areas through Northerly Building at such times other than those times set forth above. Upon request by any party to this agreement, and where necessary in the reasonable discretion of the City to protect public health and safety, including both personal and/or r-�= property safety and security, the City shall take appropriate � action to further limit the hours during which said easement . _8_ VL��.v✓i v v v , 1 � � areas must be open for public use. The City shall consider , as . one factor in forming its discretion, the claimed or actual � breach of security agreements by and between any of the parties. � 6. All easements to be described in Exhibits C-1, C-2, C-3 and C-4 shall be more specifically described after survey by a registe.red land surveyor of said easements, which survey shall �be furnished in recordable form at the sole cost of HRA. 7. The City and HRA agree to the placement by Northerly of one freestanding clock within the public easement as shown in the Northerly Building in Exhibit B-1 provided that the total width of the easement exclusive of the width of said clock must be at least 12 feet at the point of placement, and that said clock shall not obstruct any skyway directional sign. 8 . All parties agree that the easements to be granted hereunder and herein described shall be designated as public easements and that all ordinances and codes of the City applicable to the System shall govern same. 9. In the event said easements are relocated, vacated or terminated under the circumstances stated in the Grants of - Easement attached hereto as Exhibits C-1 through C-4, respectively, City shall furnish a release thereof without cost to the respective property owner , its successors or assigns. � 10. The HRA and City hereby waive any right they may have to share in an award of damages in the event that a public body acquires all or any part of the aforesaid buildings or �,...- properties by condemnation or under the threat of ' condemnation. Said waiver applies to the easement through the respective properties, but not to the skyway bridge. _9_ ' � � 11. It is agreed by and among the parties hereto that the skyway bridge shall at all times be owned by the City and/or HRA, and said skyway bridge shall not constitute property 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 AND MAINTENANCE 12. Commencing seven days after receipt of written notice from the City of substantial completion of the skyway bridge, Owner A-4 and Northerly shall maintain, repair and operate the electrical, HVAC and roof drainage facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge in repair and shall keep it in a reasonably safe condition for pedestrian travel, reasonably clean and free of litter and debris. . 13. Owner A-4 and Northerly further agree to provide the necessary repairs and maintenance of the skyway bridge and its integral parts at their sole cost, without cost to the City or HRA. Such maintenance shall include, but not be limited to, glass, floor , hardware and metal trim cleaning, polishing, repair and replacement, roof maintenance, repainting, light bulb replacement and light fixture cleaning. The HRA and City shall be furnished with plans and specifications for all additions, alterations and major repairs or replacements to the ��-�: skyway bridge. Such plans and specifications to be submitted• � -ia- I 1 ' '� in accordance berewith shall be subject to the reasonable and timely approval of the HRA and City before commencement of the work contemplated therein. Lack of approval or disapproval of ' � the plans and specifications within 14 days following the date on which they are submitted to the HRA and City shall be deemed ; approval. 14. Oxford, Venture , Carlson and Northerly have entered into the Skyway Bridge Maintenance Agreement of even date herewith, hereinafter "Maintenance Agreement" , which Agreement provides for the sharing of maintenance, operating and repair costs and responsibilities for said skyway bridge and its integral parts and related equipment. 15. After completion of construction of the easement areas and upon written notice by City to Owner A-2, Owner A-3, Owner A-4 and Northerly that easement areas are available for pedestrian travel, Owner A-2, Owner A-3, Owner A-4 and Northerly hereby agree to provide and pay for all repairs, operation and maintenance for all the easement areas through their respective properties, all to -a . reasonable standard of safety and cleanliness. 16. If Owner A-4 and Northerly fail to adequately maintain, repair and operate the skyway bridge to a reasonable standard of safety or if Owner A-2. Owner A-3, Owner A-4 or Northerly shall fail to adequately maintain, operate and repair their respective public easement areas within 30 days after receipt of written demand therefor by the City, the City may ,�� ` undertake said reasonably necessary repair , maintenance and -11- . .�u•L.JJiVV V� ' ' , � 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 hereunder ; provided however , the City retains the right to assess such costs against the defaulting property owner (s) as a local improvement in any manner provided by law. 17. Neither the skyway bridge, nor the pedestrian concourses within the easements herein to be granted as set forth in paragraph 5. and which are the subject of this Agreement, shall be operated for the purpose of advertising the name of any product or business or for any other commercial purpose other than for or on store fronts. Such store front signage may project into the easement area but shall not obstruct from pedestrian view any skyway directional sign (s) , and shall be removed at the request of City should such obstruction occur ; provided, however , nothing herein contained shall prevent the installation and maintenance of directional sign (s) identifying the building and/or street names as set forth in paragraph 20. of this Agreement. HRA has heretofore approved the projection of certain store front identification signs in Parcels A-3, A-4, vacated East Seventh Place and Parcel 27 and recognizes such approvals as binding herein. SURETY BONDS AND INSURANCE 18. Commencing seven days after receipt of written notice !`�� from the City of substantial completion of the skyway bridge,' Owner A-4 and Northerly shall together furnish and maintain a -12- i y � 19. After completion of construction of the skyway bridge and the easement areas and upon notice to affected property owners by City that the skyway bridge and the easement areas are available for pedestrian travel, Owner A-4 and Northerly shall furnish and maintain public liability and casualty insurance coverage for the skyway bridge and Owner A-3 shall � furnish and maintain public liability insurance coverage for the easement areas to be 9ranted through Parcel A-3, vacated East Seventh Place and Parcel 27 ; and Owner A-2, Owner A-4 and Northerly shall furnish and maintain public liability insurance for their respective easement areas in Parcel A-2, Parcel A-4 and Northerly Building as set forth in paragraph 5. herein. Said insurance shall be with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds and shall contain the following minimum coverages: for personal injuries, including death, $500 ,000.00 for each occurrence ; for property damage to the extent of $200 ,000. 00 in any single accident. Such minimum amounts shall be subject, upon 60 days notice, to reasonable increase by official action of the Council of the City of Saint Paul, in the event statutory municipal liability limits are altered at any time after . the date hereof. The casualty insurance shall have all-risk coverage in the amount of the full replacement cost of the skyway bridge- as reasonably determined by the City from time to time. All costs of insurance required herein relating to the skyway bridge shall be borne by Owner A-4 and ��-�: Northerly. All costs of insurance required herein relating to the easement areas shall be borne by the property owners responsible therefor. -14- SB:CS51680 .:� �� surety bond in the amount of $50 ,000 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee , conditioned that said property owners shall forever indemnify and hold harmless the City in accordance with the said Ordinance against all expenses and liability on account of all costs, claims, suits and judgments arising out of or connected with the maintenance, operation, repair and/or removal of the skyway bridge, its integral parts and related equipment, and, �further conditioned upon said property owners complying with all terms and conditions expressed and contained in this Agreement as to operation, repair and maintenance of the skyway bridge, which surety bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of the Department of Finance and Management Services for the City. The cost of furnishing and maintaining such surety bond shall be borne by Owner A-4 and Northerly. The HRA shall procure from the general contractor, documentation evidencing that the general contractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph 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, copies of which are attached hereto as. Exhibits D-1 and D-2. -13- pa:VJJ1VUV � incorporated herein by reference. Owner A-4 and Northerly are considered to be "permittee ' s successors" under the terms of said Ordinance. 22. ' The parties agree that in the construction, maintenance and operation of the concourses located within the easements herein to be granted as set forth in paragraph 5 . , they shall be bound by all City codes and ordinances governing the System insofar as applicable. � 23. The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties and their successors in interest and assigns , and shall continue in force until such time as the System or that part herein concerned is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grants of Easement herein. 24. It is understood that this Agreement does not govern the relationship and agreements by and among Oxford, Carlson. Venture and Northerly themselves to each other , other than the requirement of paragraph 14. above. 25. The parties hereto herein reserve unto themselves the unconditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved real estate herein, or interest therein, and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other � = form of venture. In the event of transfer of property owner 's � said interest, the owner (seller) may be freed and relieved, -16- , vL�VVV.!VV from and after the date of such transfer , of all liability as respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be performed; provided that owner 's successor fully and without limitation assumes in writing all duties, responsibilities and covenants of the owner (seller) under this � Agreement. It is recognized that Oxford is required to convey to the City by obligations which include that certain deed filed in the office of the Ramsey County Recorder as Document No. 2036809 the area of a public galleria and galleria air rights in all or a major portion of the easement areas in Parcel At3, vacated East Seventh Place and Parcel 27 upon substantial completion thereof. Upon acceptance by the City of such conveyance, Oxford is released from its covenants and obligations under this Agreement as to all those areas included within and conveyed by such conveyance provided that the City . may elect to self-insure instead of providing insurance required herein in paragraph 19. 26. Notices. All notices, demands and other communications which may be or are required to be given by a party to the other parties shall be directed as follows: To Northerly: Northerly Centre Corporation 1150 Northwestern National Bank Building 7th� and Marquette Minneapolis , Minnesota 55402 Attn: Mr . John Beal and .'~ � Northwestern Bank Building Company � 840 Northwestern National Bank Building , St. Paul, Minnesota 55101 Attn: Mr. James Thomson -17- . t . ' To City: Director of P�ublic Works Sixth Floor City Hall Annex 24 West Fourth Street ' St. Paul, Minnesota 55102 To HRA: Renewal Administrator Housing and Redevelopment Authority of the City of Saint Paul, Minnesota � Twelfth Floor - City Hall Annex 24 West Fourth Street - St. Paul, Minnesota 55102 To Oxford: Oxford Development Minnesota, Inc. 628 North Central Tower 445 Minnesota Street St. Paul, Minnesota 55101 Attn: Property Manager St. Paul Town Square and 555 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 Attn: Legal Counsel To Venture: St. Paul Joint Venture 12755 State Highway 55 _ Minneapolis, Minnesota 55441 Attn: Mr. John R. Heim and 711 Degree of Honor Building St. Paul, Minnesota 55101 Attn: Mr . Milton H. Altman To Carlson: Carlson Companies, Inc. 12755 State Highway 55 �-��:_ Minneapolis, Minnesota 55441 • Attn: Mr . John R. Heim . � -18- � . HOUSING DEVELOPMENT AUTHORITY " ' OF THE F SA PAUL, MINNESOTA � . By ' t � a�E.KT— ^ � . . By . ��- . - ;� . CITY OF SAINT PAUL � ' � e • - APPROVED AS TO FORM . . � . BY ..-•_-� ' ts a r 7-Z3-go By ; � � Its re or, Department of P ann�ng � � d Eco ' c Development . . . . By Its Dir t r, Department o inance � � � nd b ent Services - U . � Y . Its City C er _ � ' �iF✓�— . _ . 1) Pedestrian Skyway Bridge � . Acr.oss 6th Street between Cedar & Minnesota � Construction - Knutson L8397-2 $257,940.50 60600. to be reimbursed by 76500 (URBF) : � Architecture - �H.G.&A. Contract 79/47 $ 25,800.00 � URBF 76500 � 2) Concourse: � Reimbursement to Oxfor•d $182,029.00 . URBF 76500 ; , , � � . . . � • . . � � � � STATE OF 2�iIIvNESOTA ) � ' a ��`J� �l , , . ) SS. " � . COUNTY OF RAMSEY ) . . On this � day of � , 19� , before me a o ary Public wit ' nc�and for aid nty, peared d-� . } � and ' , to me personal y .nown, w�; eing ea . by me u�y s orn i say t they are respectively the - f' `� and of the H G A D . REDEVELOPMENT AUTHORITY OF THh - C OF IAT PA L, MIN�IESOTA, a � Minnesota public body corporate and po itic , that said instrument was si ed by authority of its Board of o issioners, nd said � and �� acknowledged sa ' d instrument wa t e free act an deed of sai corporation. }pp,NNE RET?NER � M F:f9l1C--k.IN!:�SOTA po�nRAM,SEY CG�NTY 1986 � �-7. � Mar.29, � MY CUMM18510* Ex��RE9 . _ . . � � . ` ' t . � �. . 1 . VV VL{i i VL l�.i-31-1✓L i , , , � .The fore oing instrument was acknowledged before me, this �-'�� day of , 19�p, by GEORGE LATIMER, Mayor of the CITY . OF SAINT PAUL, municipal corporation �of e State of Minnesota, on behalf of said City of Saint Paul. � . � , � � '. � - STATE OF MINNESOTA ) � � . L�AkN ruRCHiw � LI ' � SS.• " NOTARY P�g��_M�NNESOTA � - � � COUNTY OF R.AMSEY � RAMSEY CpUNTY ' _ . � My Comm.Exvtres June 11,29g7 i � 1 � . The egoing instrument was acknowledge e . ; this �� day of , 19�, by GARY E. STOUT, Director of the Departrnent f P1 ning and Economic Development for the CITY OF SAINT PAUL, a municipal corporation . of the State of Minnesota, on behalf of the City of Saint Paul. � - � � � � . � �,`...� . �. � . , �,.r�;,., :.,�.�:,> �, .,�:,:��.a.,Aan�►� � � T'e �.�k 3 . .:. , '� STATE OF MINNESOTA ) � s��,Rors � F�TERSON . . ' � � _ .:�t ,� F �_. _; Co. Mn. . SS• � S � .._ ' r � �n�.� rC�^ i ��F�i{�ES COUNTY OF �ZAMSEY ) - ,�� ,� '�:: _ � . � .-- , ';�'��tl�?C'X� . , The oregoing instrument was acknowledged before� me, this � 5 t�., � day of , 19 Yo , by BERi�1ARD J. CAR.LSON, �irector� oi the J Dep artmen 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. . ' _ _ �'1 . � . � � � � . . JEANNE M.ANDERT � �� NOTAR�'PUBLIC—MINNESOTA STATE OF MINNESOTA � �RAMSEYCOUNTY. - ------- ---- --------- __ � S.S • � . • • My Comm.Ezpires April 30,19E7 . COUNTY OF RAMSEY � ) __ ---- - � - - ._ � _ .. � . The foregoing instrument was acknowledged before me, this � day of , 19�� by ROSE MIX, City Clerk for the CI Y F SAINT PA , a icipal corporation of the State of Minnesota, on behalf of the ity of Saint Paul. . � ��1� �.�`-C.f�.�► . r�,�y��N . � �� LEEANN TURCHIR'1 Ms � '•� N07ARY P()QLIC� ' � • �"' � RA(NSEY ��YES�T� t. � M COI1NTy f • ' . � Y CoSnm.ExpKeS June i 1.2987 S • - . �, . � O}:_CRD DEV��LOr?•�::`'T ?iIr i��SOTA, I?�C. � . � . � ' By • . . • . { � � . Its /� , � . ' . �"�! . - - By _� �� — _- . . - , ' . � �r� r � � , , ..., _ NORTHERLY CENTRE CORPORATION � ' � By . - zts ��, . . , . BY -_ ��'e� s,.y � '.. I tS . STATE OF MINNESOTA ) . SS. � � . . . - COUNTY OF -�Ah�. ) . On this �6�day of , 19�,� before rne, a Notary Public within and for said County, appeared . O : and � �i�� , to me personally known, who, being � v each by me duly sworn , did say that filzey are respectively the � - /,� ' . - -• - - - -- -- - /T" _ _ -�ir t �d �,,� �� of NORTHERLY b_ _ _ � CENTRE CORPORATION, a Minnesota cor�oration, �that said instrument was • signed by authority �of its Board of Directors, and s.aid _ and � acknowledged said � _ instrument was the free act and deed of said corporation. � - . , y�if! � G � . �_ ��`.� � . .r�� TERESA A. McGUtRE . : �� NOTARY PUBLIC-MINNESOTA • ' � . ``a�_ �j�.� RAMSEY COI.+NTY . �% MYCommissionExpires;r.+�r.3o, t9oa . . � , • , �. . . . � - . •. . � , � . . � . � , . � �� ST. PAUL JOINT VENTURE � Capi�al Hospitality Corporation . � By � . - � I � ��//� .r - \.J�� i S Hotel Company By . . . . . . . . . _ Its ��,e� . . " STATE OF MINNESOTA ) ,� ) ss. COUNTY OF RAMSEY ) � � . �he fore instrument was a kr�.o led d efore me this / . bY �� . . the r of C TAL HOSPITALITY CORPORA- � TION, a Minn sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on b ehalf of the • partnership. � ■.� CATHLEEN A.STAYBER ��"—� NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY � STATE OF MINNESOTA � �1C�m�ssion EapiresOci. 10. t985. • ) SS. . COUNTY OF RAMSEY ) � ' �The fore i ins�trument was ac owl dged before me this /`1 O , bY , Q�o-r�� , . • the of SPH HOTEL COMPANY, a Minne- sota c rporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. , . � . . �, CATHLEEN A.STAYBERG �j�� 4 NOTARY PUBLIC—MINNESOTA �� DAKOTA COt1NTY `. My Commission Expires Ott. 10. 1985. � Y � _ -.. _ ... ,...:-._:,z-.... �. . lVC - �+ArOil. _ " � • ` . - , , �r�'in�nce Ordinance N�. r > , . . . . . 2'� "�� . . `�� . � t• �ented By . . t Committee: �ate • Referred To • � Date Out of Committee By . . . , . AN ORDINANCE MAKiNG PROViSION THEREFOR A1�D GRANTING UNTO TNE� � • HOUSING AND REDEVELOPMENT AUTHORiTY ONDTlTSCSUCCESSORSNOR�ASSIGKS, . . hf I hI�iE50TA,. A M1 NtJESOTA CORPORAT I ON, A PERMtS510N TO CONSTRUCT, MAINTAIN AND OPERAEETSHWLTHINOTHEGCORPORATE '. . NEAD PEDESTRIAN PASSAGEWAYS OVER PUSLiC STR LIHITS OF TFIE �CITY OF SAINT PAUL; AND � ' , . t) ACROSS EAST SIXTH STREET BET1�lEEDARHSTREETRSSAIDOOVERHEAD � . � WITH OF MINNESOTA STREET AND CE . . . PEDESTRIAH PASSAGEWaY TO BE NORTHIJEST�CRQSSING}XONTTNE • - HORTli1JE5TERN NATIONAL BANK ( . SOUTH SIDE OF EAST SIXTORTNRSIDETOFTEASTAStXTHNSTREET/TOWti : SQUARE COMPLEX ON THE N . . � , 2) ACROSS MtNNESOTA STREET BE'i1,lEEN �XTH,STREET�TSAID OVERHEAU . ' OF EAST SEVENTH PLACE AND EAST 5 � ' PEDESTRIAN PASSAGEWAY TO BE EXTENDED FRDM TH� RADISSON tiOTEL/• TOWN SQUARE CQMPLEX ON THE 41EST SIUE �OF MINNESOTA STREET TO . , THE BREMER BUILDiNG ON THE 'EAST SIDE OF MINNESOTA STREET. . � _. �_ . � TNE CaUNCiL oF THE cITY oF SAtNT PAUI. DOES oRDAIN:� � -� . Section 1 . . . That permission and authority hereby are granted to the Housing and Re- . � development Authority of the City of Sa�e�estuto construct, maintain�and o{�er- corporation and/or its successors �n �nt ublic streets w�thin • ate the following.�5eofethePCitytofaSaPintSPaulayandvet' p . the corporate 11m� . - COUNCILMEN � Requested by Depattment of: Yeas NaS�s � � • Butler In Favor Hozia � Hur►t � �4gainst -$Y � Lerine . � • . Maddox � � . ' � , Showalter roved b �Cit ttorne � . Tcdesco Form App Y� Y Y,� n Date �� /' ,a�/ Adopted by Couacil: B ' Y , � .� � CcrtiEied Passed by Council Secretary • • � ; . � ( U , l, pppr by hSayor for S mi �ion to Council , �,pproved by T9ayor: Date ��' � �✓,y FXHIBIT "A" BY �. � . � �! � r r � ` • . � -L , ��s�'�J r�l R� ` . . M �� , . •� ' . • 1) across East Sixth Street between the iritersection therewith � of Hinnesota Street and Cedar Street, said overhead pedestrian . passage�.ray to be extended fran the existing Northwestern Nationai � Bank (North�+est C�ossing) on the ,south side of East. 51xth Street to the Radlsson Hotel/Torm Square Complex on the north side of . East SixLh Street. - �� . � � • • � 2) across Hinnesota Street between the intersectTon therewlth of East Seventh Place and East Sixth Street, said overhead pedes- � . . . � : trian passageway to be extended frorn the Radisson _Hotel/Town ' Square Ca*�piex on the west side of tlinnesota Street to the Bremer . Building on the east side of Minnesota Street:' � - . - Section 2. . � � � • That tfie Director of Pub11c 1•lorks is he�eby authorized to issue necessary permits to satd permittee� the Housing and Redevelopment Authority� of the City � of Saint Paul , Minnesota, for the construction, maintenance, and operatlon of•. � said overhead pedestrtan_ passageways according to the pians and specifications •' approved by the Departrnent of Public Works and at the separate cost and expense of said permittee, upon said permittee' s compliance with. the foilowing conditions. _ � � a. That said permittee andlor its successors in interest� shall.,"at its own cost and expense and in accordance ►,rith all applicable ordinances . '- of the City of Saint Paul , statutes of the State of Minnesota and — . - � regulations of public authority having cognizance, 'construct, matn- • tain, and operate said overhead pedestrian passageways hereunder; . . . b. That said permittee shall pay the costs for the publication of � . this Ordinance; � � . � . . � � _ . . . �� ' - c. That said permittee shatl � pay the costs of administration, �engiR- �-- � eering, and inspection incurred by the Department of Pub] ic Works .•�; � due to this undertaking, said costs are estimated to be a sum of' � . • • . Six Hundred Dollars ($600.00) for each overhead pedestrian. passageway noted above and shall 6e accounted for�under separate . Department of- Public Works Project Number(s) ; � . d. That said permittee shall furnish the' Department of Public Works all documents of record for each overhead pedestrian passageway above, that are a part of the contract or incidental to its � execution including, but not iimited to, addendums, award of . � contract, contract amount, "as built" pians, tracings and tracings . of shop plans; . . , . e. That said permittee shali . construct each overhead pedestrian passage- • ,�r ` way to the satisfaction of the� Di�ector of Public 4lorks and in . , accordance with approved plans and specTfications of the Housing and Redevelopment Authority� of the City of �Saint Paul , Ninnesota; said . plans and specific,ations on file in the Department of Public Works. . � � ' • . l � ��i}�'� . �:�:� . , . , • � . - -3 . . . 1C..e I - . . � � � � 7 7 y� . � Such construction shall be made inWat�and TransportatlonhOfficials American Assoc1at1on of State H�gh y (AASH70) Speciftcations, as amended, and the Unlform Building Code � and �e authortzed under a building permit issued by the Department � . of CocmwnTty Scrvices, Divislon of. Nousing and Building Code ' . Enforcem�nt; � ; , . f. That said permittee and/or its successors in interest shall fuliy lndernnify, hold harmless and defend the City of Saint Paul , its � agents , officers and employees from any and all damages, claims, . � iosses, Judgnents, sutts or expenses and on account of all cla_ims of whateve� naLure for TnJury to person(s) andlor property arising _ out of or connected with the construction, erection, maintenance� operation and/or removal of each overhead pedestrian passaget�ay . hereunder; and that supplemental to ail other obli,gations , on their� . " part, Jointiy and/or severally, hereunder, said permittee and/or . its successors fn tnterest shall furnish and maintain and pay ali premiums and other expenses therefor, Casualty Insurance Coverage, with �. � a duly Ticensed Casualty tnsurance Company to the extent of � $5�0,000.00 for injury to any person and/or persons in any single - - - - -- . incident, and to the extent of $200,000.00 for damage to property _ � . in any single accident, ir-!�mnifying the City of Saint Paul against - Tiability on account b` ' � claims of third persons for in}ury to � person(s) and/o� propert�• arising from or connected with the con- struction, erection, maintenance, ope�ation and/or removai of .said _ � � structures hereunder, at all times, and to furnish competent evidence of said cove�age, from time to time, to the Directo� of Finance and Management Services of the City of Saint Paui ; . g, That said permittee shall not proceed with construction unless and until said permittee sha11 have fully complied with the provisions regarding insurance and indemnification contained in the City of � . . . Saint Paul , Department o= °ublic_IJarks !'Standard__Supplemental Speci-� - fications for Highway Co�struction", dated June 1 , 1978, Section numbered 1305.2. For the purpose of this Ordinance� the aforesaid . Sectton of said Specifications �shal ] be read as though the word � � "permittee" was substituted for the word "contractor" wherever same � . appears therein. Section t305.2 of the Departmerat of Public IJorks,� City of Saint Paul. "Standard Supplemental Speclfications for Higfi- � way Construction" dated June t , 1978 .is hereby incorporated herein � by reference as fully and as completely as if set forth herein verbatim. � - . � h. That said permittee andlor its successors in interest, shall among � other things , at their orrn cost and expense make adequate and . � effective provisions therefor and drain all moisture, rain and snow �^�= which shall accumulate the�eon by proper devices througH each ov�er- ' head pedestrian passageway and in a manner so that the flowing and/ or spiiling of same on any �part of �said sections of said Pubiic Streets shall be prevented at all times. �Said permittee and/o� its , . . . . . � - • • � . - , ` �, � _4_ � � . ��4 .,�� , • � . �. • . � . , . successors in interest shall maintain and operate each over- � head pedestrian passageway at its, sole cost and expense i�n a safe condition for pedestrian travet � such.maintenance to include� . but shall not be limited to, glass, fToor, metal trim, and hard- • . � � ware cleaning, polishing, and replacement; roof maintenance; repatnttng; t �ght buib replacement and" tight ffxture cleaning; and � the supply of heated and cooied ait' within each bridae to maintain • temperatures comparabie to that normally maintained withTn heated and air-conditioned office spaces; . . , ;- . i . That sai.d permittee and/or 1ts successors in� interest shatl ,. at •ail • . times, construct and maintain ail of the supports of each overhead•• . pedestrian passageway noted above entirely withln the iines of the � subject private real estate and entirely without pubTic street ' � �ights-of-waY: . . J. That said permittee shall notify the Traffic Sureau of the Depart- ment of Pubiic Works if the. construction or maintenance of each overhead pedesLrian passageway shali make necessar� the closing of � Hinnesota/East Sixth Streets �or any part thereof;all expenses • . - incurred by the Trafftc Bureau in furnishing, insta] ling, or re- � • ' moving barricades , signs, and other control devices shall be paid � • by_ the permittee; . � k. That said permittee and/or its successors in interest shali not use ' • . , - any part of elther overhead pedestrian� passageway for �any adverttse=' ment or display purposes, without the written consent of the City of Saint Paui and the application thereto of any adve�tlsing materiai � or display shaTl be deei�ed prohibited by this Ordlnance; • ] . That said permittee and/or tts successors tn Tnterest shail , at all � � pertTnent times � In the constructlon, maintenance, and operation of.. � each overhead pedestrian pas�sageway fiereunder, provide a minimum � . � . vet'tTcal clearance of at leasL 17 fe�t 4 incfies between and through- ' . out the course of the bottom of each structure and the surface� of ` - � each sectior► of MTnnesota/East Sixth Streets, except as may be altercd by the City's future street work fn each case; " � . � ' m. That sald permittee cxpressty agrees to �cornply NTih Chaptcr 216 of " th� SaTnt Paul Legtslative Code. as ancnded, pertaining to street � obsiructions; � � � n. That sald permittee and/or its successors in Tnterest shall conplete . � the construction and �-�ction of each overhead pedest�Tan passage- , way by not later than one (i� year after corrm�ncemcnt- of construction. � Said comrnencer�ent shall be evidenced, by Pub1Ic Works' receTpt of a r-:; written notiflcatlon thereof, and shali be dated therein, as furth�r • � � provided for under Paragraph (o) below;- � � � � . _ � . .�t _� �......� vK. .. .� v .. + -- - -' �- - - - - -- t11G' � IRU. . � �� " .- -�_ . �;��.��/� „r �'}�::./ , • • ' . i . . .�' o. That satd permlttee shall notify the City Bridge Engineer. of � the Department of Pub11c Works before and when construction . � starts and notify the same said Bridge Engineer when construct�on " • � has been compteted to aT1ow for a final inspectlon of each over- . head pedestrian passageway hereunder. � p. That �each overhead pedestrian passageway sha11 be remoyed by ; and at the sole cost and expense of said pe�mittee and/or its . � successors in inierest whenever the Councll of the City of Saint . � Paul shail by Resolution determine such removal necessary in the � . • � - public interest and accordingly orde� the removal of either� . � structure from said location; � � � � q. That sald permittee shalt , within the period of ten (10) days . : � after the. pubtication of this Ordinance, file with the City Clerk � � its written acceptance of this Ordinance and agreement to be bound by all the provisions , terms and conditions thereof +vithout �limitation which written inStrument of acceptance and agreement .� shall be in the form approved by the City Attorney; � r. Jhat upon the execution of an Agreement by and between the. City of Saint Paul , the Nousing .and Redevelopment Authority of the City- � of Saint Paul , Minnesota, and the applicable buiTding/property owners � respecting the aforesaid pedestr•ian passageways noted above, the , �� , permittee, the Housing .and Redevelopment Authority of :the City of _ , _ ( Saint Paul , Minnesota sha11 be reTieved of any further obligation . i under the terms of this Ordinance, and the successors in iriterest of the permtttee, the appTicabte buitding/property awners, shall � be � responsibTe for paying the insurance premiums of each overhead . pedestrian passageway connecting their buildings and sha11 also be responsible for providing the maintenance and operation of-same; . s. That upon the Housing and Redevelopment Authortty's conveyance of - ' its obligations under the terms of thls Ordinance to th��above . . . successors 1n tnterest. said permittee's successors in interest shaTl furnish and dellver unto the Clty of Saint Paul a Surety Bond � . , � in the amount of Eifty Thousand Doilars (S5�,000.00) for each over- � � . .head pedestrian passageway (bridge) hereunder. made and �exetuted by. satd permtitee's successors 1n interest as P�incipal � and a Corporate : Surety Canpany duly authorTzed to transact business tn the State of tiinncsota as Su�ety, to and ln favor of th� City of Saint Pau1 as obligee, conditioned upon the permittee's successors ln Interest • . complying with the ter-ms and conditions of this Ordinanca and atso conditloned that, �in the event the permittee's successors in interes[ � faii to maintain or repair each overhead pedestrlan passageNay to a . , reasonable standard of safety, or fail to remove eTther overhead ��= pedestrian passageway hereunder upon order by the Council . the Ci.ty � � of Saint Paul may undertake the maTntenance, rcpair or rcr,oval � ' � - thereof and may recove� its reasonable� cost incurred thereby from said surety, which Surety Bond sha11 remairi in full fo�ce and effect as long as each overhead pedestrlan passageway or any part thereof re�nains in that ` � portion of pubtic rights-of-way as shown on plans on ftle wtth the Depart- � ment of Public Works. The Surety Bond shall be in such form as shaTl �e i I TOWN SOUARE _ RADISSON PLAZA HOTEL l �� . y� � - �� , � . , � ._.., - � j � I ' •- '. . . .. ,. , . . . Sixth Street � . � �------ ,� �= --- ��> '�,*;�;� . I .,,,., � i2, L.. :f Q � Q �� NORTHERLY BUILDING U . . . :�::::; • �'�'�'��•• (S kyway B u i l d i ng) \ �:;: . . j CZ -:w:� l � I � ' ..� 1t� I � ':` C -- ... �:;; G .� . �� 1 :,,: , _ — 6. :;��.':;`':�:�:�?.��: c � /' •:��' c ock � edr �:v: :;' •:4•. '.�•.:rr - • .•I: {{•. 1 {`.•. .'J: •:{•.ti'.•::.•.�.�.��.�.�•. :N . � - - .+u.L. ..'-' . � , •t 14'c�ear :�:��:::;:�:�::�':'''': ��''�'' ' I � • :;lR; �:?1:� � a ■ � :�+�:.� � � � � �''��;�-- easement to I ' ' a�:. ;::� t•. be vacated �, � • R k '��,�L ` � � � � � BANCO PROPERTIES, INC. � � r� � � I � �:: (Northwestern National Bank) EXHIBIT "B-1" � � :ti�: � ��:� Skyway Level 3 �«!; :new easement '� • ' ' '•'�� • � ` � � ..._.,;exi sting easement �:�:�: ----.— ,�'��bridge \ � `� — — directional sign � ---``�-', ' ' � , , � TOWN S�UARE RAD 1 SSON PLIIZl1 1�01 EL : , , , � .. __� � , . 1 �� . Sixth Street ', + . ; - ; - - .- . --_- _-, , , � � � � � . . , � , . . ; . � . . , , _ . ; . . . - ; ; . . , , .,. � . _ . _ . : � � � . ; � � . . - ; . � .� .� ; � . i�- � � � .- ; �-:i'� ; � ;-;�:: . �: � ; . ' � � NORTHERLY BlI I LD I NG G . .�� : ` �,t ' :-` . ' . : . (Skyway Building) , _�. � _ _ . . , . � � _, ' ' � { �� i, l � f J 1 } 1 � ' I .I. . . ' � \ ' � i ; ._L.1,.�� , . : ( ; , , � ; - �• � • � + } , � + 1 � S .- .�- . .�- •r: �. . �.. .;_ . - ) f •; , � _ f- . . 'C � � { �- i �� i-� � ' �' � . � � _ ; . ,,,� , � � i�-� j-� r�r ' � l t . � ' , � , . . ' . . � +"� '1 X-�-� � ,-1�-�T ' ., i . ,�u• + ? � � ' i � ; ` . ' i . _ t - �} - - � _ _f ...+ �•_-f-1..�-.-, .,. ,. .y_. . ;--;-�.,_ , t. ._ . ' �; _ , ;�..;- {� ; . , �--� � , , , , . . � � , . .� �'� t . ,;__ ; ; _ , ;'. . : - - - { ± . : ' •� ' � + � .., ; ; - • - - - � . � , , � � � . .{ �; . ' ' ; �- ` - BANCO PROPERTIES, INC, ► � , , I � ; . , � : (Northwestern National Bank} �, �3 ( . . � � - � � , �- I : � ... - = . �", . �� t } ` . R : � � - � � � � . . ; . L.� :� . 1. . i . � . . . _ .. . _ . F: .�� . ' __ .r .� , �° . .� _ ; , , • � easement to be vacated " �'' °� '�'�'' ''•'�'� �' �, •'.•='�:;�::;:,�•. � , • : �' ;,�:,;•:; :: y: ��• _a y ' ' i��Ai �} � '.�` ' . . 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" GRANT OF EASEMENT � WHEREAS, NORTHERLY CENTRE CORPORATION, a Minnesota corpora- tion, hereinafter called "Grantor " , is the owner in fee of that certairr land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called "Grantor 's Property" ; and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City of Saint Paul, Grantor , Oxford Development Minnesota, Inc. , Carlson Companies, Inc. and St. Paul Joint Venture, to grant to the City of Sain't Paul a public easement for purposes .of ingress, egress and pedestrian transit through Grantor 's Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System" . NOW, THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself , its successors and assigns, does hereby grant unto . the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public pedestrian ingress, eg.ress and transit in, through and over the Property � and the structures thereon, described as follows : all of which above described areas shall be collectively • referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of ,the easement area within, on or over Grantor 's Property and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The, public 's right herein to ingress and egress and pedestrian transit� in and through the easement area granted to i City h�rein shall also be and hereby is made subject to such reasonable, measures regard,ing open hours and temporarily . closing part (s) or all of the easement areas within or on � Grantor 's Property as the City of Saint Paul may, by agreement �r �' w�th the Grantor or its successors or assigns, from time to time determine. This provision shall not diminish City's right to, from time to time, exercise its police powers unilaterally, � � Exhibit C-1 , by ordinance, concerning open hours, or temporarily closing part (s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City 's easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and transit in the City 's easement during the hours so agreed or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement condi- tioned upon the grant of a new easement which shall permit the � continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor , and, on the further condition that no change in the easement location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul, such approvals not to be unreasonably withheld and on the further condition that said new easement shall be sur- veyed and described by a registered land surveyor at the expense of Grantor . Lack of approval or disapproval of the . request fo�r change of location of easement by Grantor within ninety (90) days following the date on which request for such change together with plans and specifications therefor are submitted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events: A. In the event the easement granted herein is vacated, abandoned or terminated in the manner permitted by law. B. In the event the building (s) in, upon, or over which the easement area is located shall be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; provided, however , that in the event such building (s) be reconstructed or replaced, Grantor , its successors and assigns, aqree that, without further consideration, a substitute easement of substantially equal convenience , area and general configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor , its successors or assigns. �_..- Grantor , for itself, its successors and assigns, does hereby agree for and during the life of said easement, Grantor� or its designee by separate agreement, shall be responsible for -2- ,1 . � � � 7�� ' and provide for the cost of all repairs, operation, improve- ments and replacements of the . easement area as described herein, it being understood that the aforesaid covenant shall run with the land. TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the System is vacated or abandoned in the manner permitted by law, or terminated in accordance herewith. IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of , 19 . ( S E A L ) ' . NORTHERLY CENTRE CORPORATION By Its By Its STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � � by and , respectively the and � - � � � of NORTHERLY CENTRE CORPORATION, a Minnesota corporation, on behalf of the corporation. ��..- � -3- ' GRANT OF EASEMENT (Re : Parcel A-4) WHEREAS, [ST. PAUL JOINT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as a general partner , and SPH Hotel Company, a Minnesota corporation, as a general partner , hereinafter called "Grantor ", is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, � hereinafter called "Grantor 's Property"J ; * and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Autharity of the City of Saint Paul, Minnesota, the City of Saint Paul, Northerly Centre Corporation, Oxford Development Minnesota, Inc. , Carlson Companies, Inc. and Grantor, to grant to the City of Saint Paul a public easement for purposes of ingress, egress and pedestrian transit through Grantor 's Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System" . NOW, THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself, its successors and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as follows: all of which above described areas shall be collectively referred to as the "easement area". *If grant of easement is made after conveyance by Venture of real estate described in Exhibit 1, then the following should be substituted and appropriate correction made throughout the grant of easement to reflect substitution of the substituted Grantors for Venture: "Oxford Development Minnesota, Inc. , a Minnesota corporation and Carlson Companies, Inc. , a Minnesota corporation, hereiriafter called collectively 'Grantors ' and respectively the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, and lessee of that certain land situated in the City of Saint Paul, ��"�= County of Ramsey, State of Minnesota, more particularly " described in Exhibit 1 attached hereto and owner of the ' improvements constructed thereon, hereinafter called 'Grantors ' Property' " . Exhibit C-2 . � � The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor ' s Property and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public 's right herein to ingress and egress and pedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement areas within or on Grantor 's Property as the City of Saint Paul may, by agreement with the Grantor or its successors or assigns, from time to time determine. This provision shall not diminish City 's right to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours, or temporarily closing part (s) or all of the easement, or concerning public conduct � within the System, nor shall such agreed or legislated hours in any manner restrict City's easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and transit in the City' s easement during the hours so agreed or legislated. The grant of easement herein shall be subject . to the right of the Grantor to change the location of the easement condi- tioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the easement location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul, such approvals not to be unreasonably withheld and on the further condition that said new easement shall be sur- veyed and described by a registered land surveyor at the expense of Grantor. Lack of approval or disapproval of the request for change of location of easement by Grantor within ninety (90) days following the date on which request for such change together with plans and specifications therefor are submitted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events: A. In the event the easement granted herein is vacated, T-'= abandoned or terminated in the manner permitted by law. ' -2- y` � � ' B. In the event the building (s) in, upon, or over which the easement area is located shall be substantially destroyed or demolished and such building (s) shal�ha�t be repaired or reconstructed; provided, however , in the event such building (s) be reconstructed or replaced, Grantor , its successors and assigns, agree . that, without further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, � City shall furnish a release of such easement or . portion thereof to Grantor , its successors or assigns. Grantor , for itself, its successors and assigns, does hereby agree for and during the life of said easement, Grantor or its designee by separate agreement, shall be responsible for and provide for the cost of all repairs, operation, improve- ments and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall run with the land. ' TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the System is vacated or abandoned in the manner permitted by law, or terminated in accordance herewith. IN WITNESS WHEREOF, Grantor has he19unto set its hand this day of ' ( S E A L ) [ST. PAUL JOINT VENTURE Capital Hospitality Corporation By Its SPH Hotel Company By Its �. / - -3- . `�, -� �.�7 ,�� . O- STATE OF MINNESOTA ) . ) ss. COUNTY OF RAMSEY ) �he foregoing instrument was acknowledged before me this � by � the of CAPITAL HOSPITALITY CORPORA- � TION, a Minnesota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. STATE OF MINNESOTA .) • ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this . � by � the of SPH HOTEL COMPANY, a Minne- sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. l - or - ( S E A L ) [OXFORD DEVELOPMENT MINNESOTA, INC. By Its By . - zts �"�= -4- STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � by and , respectively the � and o OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, on behalf of the corporation. ( S E A L ) CARLSON COMPANIES, INC. By Its By Its STATE OF MINNESOTA ) � ) ss . � COUNTY OF RAMSEY ) The f oregoing instrument was acknowledged before me this � by . . and � , respectively the and o CARLSON COMPANIES, INC. , a Minnesota corporation, on behalf of the corparation. . ] r-•. � ' �5� '� . � . � 2'��"`,�� GRANT OF EASEMENT WHEREAS, OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, hereinafter called "Grantor " , is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called "Grantor 's Property" ; and WHEREAS, Grantor has agreed pursuant to that Agreement � dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City of Saint Paul, Grantor , Northerly Centre Corporation, Carlson Companies, Inc. and St. Paul Joint Venture, to grant to the City of Saint Paul a public easement for purposes of ingress, egress and pedestrian transit through Grantor 's Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". NOW, THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself, its successors and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as follows: all of which above described areas shall be collectively referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor 's Property and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine . The public ' s right herein to ingress and egress and pedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement areas within or on Grantor ' s Property as the City of Saint Paul may, by agreement ��: with the Grantor or its successors or assigns, from time to time determine. This provision shall not diminish City 's right to, from time to time, exercise its police powers unilaterally, Exhibit C-3 ' ' ' , �! �� by ordinance , concerning open hours, or temporarily closing part (s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict City's easement interest, but shall affect only the public 's rights to pedestrian ingress, egress and transit sn the City's easement during the hours so agreed or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement condi- tioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor , and, on the further condition that no change in the easement location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors or assigns , and the City of Saint Paul, such approvals not to be unreasonably withheld and on the further condition that said new easement shall be sur- veyed and described by a registered land surveyor at the expense of Grantor. Lack of approval or disapproval of the request for change of location of easement by Grantor within ninety (90) days following the date on which request for such change together with plans and specifications therefor are submitted to the Housing and Redevelopment Authority of the City of Saint Paul, its successors or assigns, and the City of Saint Paul, shall be deemed approval. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events : A. In the event the easement granted herein is vacated, abandoned or terminated in the manner permitted by law. . B. In the event the building (s) in, upon, or over which the easement area is located shall be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; provided, however, that in the event such building (s) be reconstructed or replaced, Grantor , its successors and assigns, agree that, without further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor , its successors or assigns. 1��= Grantor , for itself, its successors and assigns, does � hereby agree for and during the life of said easement, Grantor• or its designee by separate agreement, shall be responsible for � -2- , , , , � and provide for the cost of all repairs, operation, improve- ments and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall ; run with the land. TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the System is vacated or abandoned in the manner permitted by law, or terminated in accordance herewith. IN WITNESS WHEREOF, Grantor has he19unto set its hand this � day of � ( S E A L ) OXFORD DEVELOPMENT MINNESOTA, INC. BY Its � BY Its STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this . bY and � - � , respectively the of OXFORD and . . . . DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, on behalf of the corporation. r�: -3- . � , . . � �' � � � 2'7��=� � GRANT OF EASEMENT (Re: Parcel A-2) WHEREAS , ST. PAUL JOINT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corpora�ion, as general partner , and SPH Hotel Company, a Minnesota corporation, as general partner , hereinafter called "Grantor " , is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in E�chibit 1 attached hereto, hereinafter called "Grantor ' s Property" ; and WHEREAS , Grantor has agreed pursuant to that Agreement_ dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the City of Saint Paul, Northerly Centre Corporation, Grantor , O�cford Development Minnesota, Inc. , and Carlson Companies , Inc. , to grant to the City of Saint Paul a public easement for purposes of ingress, egress and pedestrian transit through Grantor ' s Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". � NOW, THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor , for itself, its successors and � assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for public pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as follows: all of which above described areas shall be collectively referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantor 's Property and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public 's right herein to ingress and egress and pedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily �-��: � closing part (s) or all of the easement areas within or on Grantor ' s Property as the City of Saint Paul may, by agreement with the Grantor or its successors or assigns, from time to time determine. This provision shall not diminish City 's right to , from time to time , exercise its police powers unilaterally, i • . Exhibit C-4 ��`'4 ' ,' . ,. , . ' STATE OF MINNESOTA ) ) ss. COUNTY OF R.AMSEY ) The foregoing instrument was acknowledged before me this � by � the of SPH HOTEL COMPANY, a Minne- sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the partnership. r.: � - -4- •;� - .i,:ii:i'i -'- - ::i,� —- .i'. :.c' :.):' - ;,�i �:i. ---- .... .......,....................................................._......».........._...._.........--•......_.............. . ......•••......_._.............................................. ......—..�...... ` ............................. ..... ............................................................................................................................ ••-.............................................. ...... ..... ........._............................................................... .... :�' . . . . ,� .��`� � . . . �� . ...� . , . . . . �. zxs�� . . . .- .. . _ .. �: . . . . - . .- . . . , . - , . The contractor shall,.furaish proof of insuran�e directly to the Citq Attorney . . prior to c!�encing work. The contractor shall hold harmless and def end th� :•. :••. .- City, woere applicable, against any and all claims for property d,a�age and•'• : claims for injury to or death of one, or more th.an one, person, because� of � : � � accidents which may occur or result; fram operations under the toatract. ' The �. - contractor shall pay any judgment against the Citp icesulting from any such �•_. . � � � suit. 'T'he City shall have the right at its option to participate ia �np such' � litigation witbaut relieving the�contractor of any of its obligations. .The � contractor �sha11 e,arry the follosring insuraace a�ing the City as a co-iasured . � .�hereoa: • • • - � : . - , . .. . . -- . � , - •• - . ��. .. A. Cantractos's Public Liability Iasurance crith Zimits of $500,000/$SOQ,OOD _ naming snd protecting the coatractor, aIl subcontractors, against claims ' � for injnry to'or death of �one or more persons as a result of accidents � . which aap occur at the site from operatioa under the coatract. � ' • B, property Damage •Zasurance With Iiaits of SISO,OOOj$300,000.� . � - . � � • C. Worl�e��s Compensation Iasurance in compliance vith the Laus•of the _ State af Minnesota. � � � . � ' , _ • . . � . • • • - � D. gutomobile Insurance, including owaed, hired sad nonowned vehicle � - . . coverage limits of $100,000/$300,000 bodily iajury aad $SQ,000 per ' � — ' occurrence prcperty dar�age. _ . - ' r- - . . . . . , . . � - ' . . . � . � - � Exhibit D-1 . � ' � . - t.. -- — :wi: _ _ '��c: =is: . . . , ............................. ............................................. .......... .. ............ .......... ...... ................................................................. ................_..............._.........._...... ..................................................._......._................................_.. . ..... .......................................................................... ........ _._. _._.._...._........_... ..................................�. .................... ... ........_................_._.._ ......_ - ...................................................:::::•.:::•.•.•.::::::::::::c::r.::::::::::::::::::.......... . �� ...•.�::...........................................................................�........... � \ • . r • . . . . : � . . / I .. , ' � � . . • l ' . � %� . . � • . . . . . . , _ . _ _. . .._ . . _.. . • . • . . . . •-• ^6 1 t�Sl1R►+NCE � � � . � , . .. . . . � " - - � . . - : . . . . . .. . M►odify Section •4 of-the Gen9ral� Condtttons, as foilorrs: � . .�: :... :. . . i. . .. . . _ . • . . • .. . .. . . . . • . . . � 'a, �nse�'.the' tol lox�r;� aifiet- Ct�: � . . • .. : .• . � • . ' . .' . . : . ..� y . . • "and Namm�i Gresn snd fi+b raham�c:�; 1 n�." • ' . .. � . ' : -.�. . . ' . , . ._ ... orfiion.of �ffie � ' " ."','"' ._ b. Paragraph 8: Proper�y Damage Insurance. Dete�'e ifirs P " :__ __. para ra h tn �ifis ty and lnser-�' the fot Sor�ring In its ptac�: 't'r��Y�. . . 9 P enttre - - -�:-- . Darr�age !nsurance i n ths ?rount of not 1 ess ifiandS500�;e� -#t'�a� �m��,eper°,°C,��'_•�, = des tru c t i on o f p r o p e t-fi y i n a n y o n e a c c i d a n t, $�+ � • -� • � sub Ject �o a tota t of not less than S i ,000,000 fot',al ! - .. _'��—�= _ �acc i dent; furffizr , ert od � . " • � '- - • �r - r� damages �o or desi'ruc�f'ion of properly� during ti�e pol �cy P ._... . � . ' . .� __ .�� : . �=. =�� • i.'=1� .. ' • ' • � • ..� ' . � .• �r� -t• �t��.:!: � � c. Pat-agr-aph C:,�, ' • �:- . . . . . . . : _ . . � . . : • . : . . ;;� t;;'-, ".�';__ � . � su nce sha t 1 be fot tfie benef 1 t. ofi �he. Contrac�tor;.;:;_;.`._:..".' The Bu 1 �def s Rt sk t n ra o owners as thet r• 1 rr�er-ests:�"� ' �the City of St.' P�u.l, •the �A and the abu-�ting prop..rfy • . cray appear 1 n the va l ve of fihe cost of. the work e�nder fhi s contraet, and each sha 1 i: ' � be specl f 1 ca 1 I y named t n the po! 1 cy ot- po t 1 c 1 es as an 1 nsvred; or af tfie Contracter' . op�tort, a 8lanket�0►�ner�s Protective. Po11cy cevering af1 Owners tlncludl�g adjacen� bu1ld�Ing owners) may be provlded in I �eu of the abeve Bvllder!s Risk Insurance and , Ci�y of St. .Paul Unitorm Cer-t'if1cate .of insurance. . � • . N_- : - . . d Add the fol l oHi ng af�-er paragraph �D: . . -' , � - -. . � ., • �• - � .. --=-. . ._. . E. The Conjracfior sha 1 I a f so cause to have execufied the City of Saint Pav1--.,�__, '�Uniform Endorsement" required by the Satnt Paut legislattve Code, . as. am�ndsd. �- Tfi 1 s f orm can be obta i ned at the serv i ce desk on the 6th F I oor- of the Ci'f'y Ha�� . . - j �lnnex. . ` , . � - - l. — � . . ' � �. . . . � • . - � Exhibit D-2 � . . , . _ _..___ . - -_ _..---- ---------- ---- ---- _ __ _. _. __ _- -_ - - - - -------�'�V�� -- --- WMITE - CtTY CLERK PINK - FINANCE COUtIClI CANARY - DEPARTMENT G I TY O F SA I �'T �L�U L Fi1e N O. BLUE - MAYOR City Attny/PBB , , Counc�l Resolution Presented By , Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated July 1, 1980, �etween the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; Northerly Centre Corporation; Oxford Development Minnesota, Inc. ; St. Paul Joint Venture; and Carlson Companies, Inc. , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 8 , 9 anci 10, Block 17, City of Saint Paul (St. Paul Proper) ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the County Recorder, Ramsey County. COUNCILME�' Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox McMahon C� Against By Showalter Tedesco `""S°" MAY 2 5 1982 Form Approved by City Attorney Adopted b}• Council: Date Certified Passed by Council Secretary BY B;; ( A��roved bv Mavor for Submission to Council �� tJ � sr�r� o� MTrvn►�sorA ) Caw�.ty o� Rama ey ) SS. �. CITy OF SAINT PAUL ) � � T . . . . A.26etr.t B.. D.P�an:. . .. . .. .. . ... .. . . .. . . . .. . . .C.i,ty C.2etcFz ;� , . . . . o� zhe C.i.ty o� St. Pa.u,e, M.i.nne,so�a., do he�ceby centi.�y �h.a.t I ha.v e compa�c.ed xhe cr,t,tached copy o� Counai,e �.i.�e No. ?��34... . . . .. and .i.#,� a�',ta.chmen�, a,a adopxed by �he C.i�y Caune.i.e on Il4ay 25, 82 . . . .. . . . . . . .. .. .. . . . . . . . . . ... . . .. 19... . . �, and appnoved by �he Mayan. . . . . h4ay. ?�:. . . . . . . . . . . . . . . . . . . 19. .�?. . . . . . , 00 . � w.i,th �h,e on,i.g.i.na.e �he�ceo� o n �.i,ee .u�. m� o��.ce. ac 0 � -�- T �u�thelc ceh,ti.�y �hat .aa.,i.d copy .i,a a �ir.u.e and co�ec,t copy � a� acu.d an,i.g�.n.a.� on �.i,ee .i.n my og�.i,ce. G1I7N�SS m y ha.nd and �he b ea.2 0� �he C.i,ty a� Sct,in,t Puu,Q., M.i.n.ne�sa�a. �h,i,a. . . .11�h .. . . . . . . . . ..day o�. .. . June:. ... . . . .. . . ]9.�?. . � . . . . . .. . .. ... . . . . . . . .. . . .. . . _ ;__ Gi,ty�CQe�ch.. .=� , _ , r4. ,. .� . d �Y +4`'...1. I �� '�Y��1T+� Y` r.. { 9 �� ,l . . ,. .� . .. � h•�' .� i � � J h , ,� . ...,. . � ;r� WNITE - CITY CLERK ~� ►+�/ • PINK , - F?NANCE / ` /� i ♦ COUfIC1I /� f�� CANARV � DEPARTMENT \ ) I �r I \J F SA I NT 1'L1 T..T L Bl UE � M?YOR File N 0. __ ._. Ci-�y' Attny/PBB . . . - o��il Resolution Presented By Referred To Committee: Date Out of Committee By Date ro � O � BE IT RESOLVED, by the Council of the City of Saint Paul, J that the City Clerk is directed to accept and keep on file that � certain Pedestrian Concourse Agreement, dated July l, 1980 , between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; Northerly Centre Corporation; Oxford Development Minnesota, Inc. ; St. Paul Joint Venture; and Carlson Companies, Inc. , attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul : Lots 8, 9 and 10, Block 17, City of Saint Paul (St. Paul Proper) ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the County Recorder, Ramsey County. COUNCILMEN Ye�s Nat•s /� Requestgd by Department of: Hunt / �'�3•� 1r' Levine �(1 FaVOf Maddox McMahon s�,oWeite� � Against BY Tedesco Wilson MAY 2 5 1981 Form Appr v by City or :1d��E:ted h� Cuunc�l: Date ' ('r•rt�(�r .,:.� d b � Cu�ncil �etary BY ' E3�. ' � ! - �!'�Qa_-L _ _ _ — -- h�".��'' � ��,�� - �� MA � � 9 .4 prove�d ..�t ayor for Subm' o Council ,�,>,��,_ .��,, r�t ��, t>:��. - - ,,� i 1. 82 _ �� " /� �.! , ;. „ l � _ -- , ; / � � li ,- + ' ' `` �( �� i� ' ' ,`_ '�.� �-�-�_...�� , < E�. �- �L_� ��..,,� �. _ � , 1{ �v _ l. ------ ----- _------ J i; �— SB:CS430d0 ,} � ♦^ :,s� y.� .� . �� . .. ;��.� -- � A G R E E M E N T � � THIS AGREEMENT, made and entered into this G� day of � (,� , 19�, by and between the HOUSING AND � � REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter � referred to as the "HRA" , the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City" , NORTHERLY CENTRE CORPORATION, a Minnesota corporation, hereinafter referred to as "Northerly" , OXFORD DEVELOPMENT MINNESOTA, INC. , a Minnesota corporation, hereinafter referred to as "Oxford" , ST. PAUL J�OINT VENTURE, a Minnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as a general partner , and SPH Hotel Company, a Minnesota corporation, as a general partner , hereinafter referred to as "Venture" , and CARLSON COMPANIES, ��IC. , a Minnesota corporation, hereinafter referred to as "Carlson". WITNESSETH: WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. R-20, undertook to develop a pedestrian skyway system within the Downtown Central Business District, hereinafter referred to as the "System"; and WHEREAS, the City, pursuant to Chapter 764, - I;aws of Minnesota 1973, is �authorized to operate the System; and WHEREAS, Northerly owns a parking ramp and skyway structure located on a portion of that block bounded by Fifth, Sixth, �- : 3 � SB:CS516�U • � ;� �; �. .-,� . .., �� ♦ . C.'.�. •J� , �" � oCedar and Minnesota Streets in the City of Saint Paul, � hereinafter called "Northerly Building" , as shown in Exhibit � � B-1; and �� WHEREAS, upon the blocks bounded by Cedar , Minnesota, Sixth ; and Eighth Streets, a multi-use office, commercial, retail, ; parking and hotel development is taking place , which shall � hereinafter be referred to as "Town Square" ; and WHEREAS, pursuant to that certain Contract For Sale of Land by and between HRA and Venture dated November l, 1977 which contract is recorded in the Office of the Ramsey County Recorder as Document No. 1995189 , Venture is the owner of Parcels A-2 and A-4 as described therein located within Town Square; and WHEREAS, pursuant to that certain Contract For Sale of Land by and among Oxford Properties U.S. LTD. , HRA and City dated August 26, 1977 which contract is referenced in those deeds filed in the Office of the Ramsey County Recorder as Document Nos. 1995800 , 1995801 and 2036809, Oxford is the owner of Parcel A-3, vacated East Seventh Place and Parcel 27 as described therein located within Town Square ; and WHEREAS, pursuant to a certain Master Development Agreement dated August 11, 1979 by and among Venture , Oxford and Carlson and the Short Form Master Development Agreement dated March 29 , 1979 and recorded with the Ramsey County Recorder ' s Office as Document No. 2036810 , Venture has authorized Oxford, and Oxford lr - has undertaken exclusively for and in place of Venture the obligations of Venture as redeveloper of said Parcel A-4 -2- . y V Y��.�.J T.J V V V V` l • •� a ' • �- � ublic easements for � � including the granting of all necessary p � � the System through said Parcel A-4 ; and WHEREAS, pursuant to said Master Development Agreement, Carlson will become owner of the structure to be built on Parcel A-4, and Oxford will become owner of Parcel A-4, and Oxford is to lease Parcel A-4 to Carlson and lease the structure to be built on Parcel A-4 from Carlson and to sublease Parcel A-4 from Carlson; and WHEREAS; Venture and its successors and assigns who shall hereafter acquire any title , interest or estate in and to Parcel A-4 or any part thereof (including Oxford and Carlson) are hereinafter collectively referred to as "Owner A-4" ; and WHEREAS, Venture and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parce? A-2 or any part thereof are hereinafter collectively referred to as "Owner A-2" ; and WHEREAS, Oxford and its successors and assigns who shall hereafter acquire any title, interest or estate in and to Parcel A-3, vacated East Seventh Place and Parcel 27 or any part thereof are hereinafter collectively referred to as "Owner A-3" ; and WHEREAS, an extension of the pedestrian skyway system over East Sixth Street between Cedar and Minnesota Streets from Town Square to Northerly Building has been approved by the City and HRA as part of their Seventh Place Redevelopment Project Plan, ��... as approved by the Council of the City of Saint Paul on December 5, 1978, in Council File No. 272155 and which is on � file with the City Clerk of the City of Saint Paul; and -3- / � - �,, ► a �l � WHEREAS, the extension of said skyway system over East �' Sixth Street necessitates pedestrian ingress, egress and �o j transit through certain portions of Town Square and Northerly � '� Building; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over East Sixth Street; and WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over East Sixth Street; and� WHEREAS, a benefit will inure to the respective property owners by virtue of being linked to the System; and WHEREAS, the City, by Ordinance No. 16617 , Council File No. 274025, granted the HRA permission to construct and operate a skyway bridge across East Sixth Street between Cedar and Minnesota Streets, which Ordinance is attached hereto as Exhibit A. NOW, THEREFORE, BE IT AGREED BY AND AMONG THE PARTIES HERETO AS FOLLOWS: BRIDGE CONSTRUCTION 1. The HRA agrees to design and construct and pay for the design and construction of a skyway bridge connecting Town Square with Northerly Building in accordance with HRA and City approved plans and �specifications prepared for HRA by Hammel, Green and Abrahamson dated November 30 , 1979 , also known as Bid No. A-8448-5, and reviewed by Oxford, Venture, Carlson and �.--:: Northerly. Said skyway bridge shall include support structure.s -4- • � JD:l.JJ1VUV � . °� '. , o� �c.f ��3 � � , � • �o and related mechanical/electrical equipment for heating , � ventilating and air conditioning ( "HVAC") , electrical and � lighting system, roof drainage system, glass doors at the Town Square end of the skyway bridge, finishing at exterior and interior skyway bridge ends at the point of connection with Northerly Building and Town Square and insulated glass to the extent glass is used to enclose said skyway bridge, all as more specifically provided in the above referenced specifications. .The skyway bridge HVAC system shall be tied into the HVAC system of Northerly Building. The skyway bridge electrical and lighting system shall be tied into the electrical system of the Northerly Building. The skyway bridge roof drainage system shall be tied into the interior drainage system of Town Square. HRA will accomplish and pay for any HVAC system, electrical and lighting system, roof drainage system, installations and connections which are shown in the approved plans and specifications to be part of the HRA construction contract. Owner A-4 and Northerly shall pay for all costs incurred in adapting the HVAC and electrical and lighting systems serving the Northerly Building to accommodate such tie-ins and all costs incurred in adapting the roof drainage system in Town Square to accommodate such tie-in. 2. 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 Owner A-4 and r- = Northerly. HRA shall assign such warranties to said parties ' upon approved completion, without relinquishing its own rights � -5- � �u.�v�� ,�j� ', ' ",, 2��c�� , o � `S° under such warranties. HRA will cooperate and assist in any a � , . ,� prosecution of any lawful and proper claim which such parties ` may later assert against the contractor (s) and/or architects or R others arising from faulty design or construction of the skyway ', ; bridge. � � CONCOURSE CONSTRUCTION 3. Northerly shall be responsible for and shall pay all costs incurred in or necessitated by the construction and completion of (a) a pedestrian concourse within the skyway level easement to be herein granted in the Northerly Building (exclusive of the stairway easement) as shown in Exhibit B-1 attached hereto, and (b) a stairway within the stairway easement herein granted in the Northerly Building as shown in Exhibits B-1 and B-2 attached hereto. 4. HRA shall be responsible for and shall pay certain costs incurred by Oxford and Venture or necessitated by pedestrian concourse construction and completion in accordance with the terms of the Contract For Sale of Land by and among Oxford, HRA and City dated August 26, 1977 , and the Contract For Sale of Land by and between HRA and Venture dated November 1, 1977 . EASEMENTS 5. Subject to payment required of HRA in paragraph 4. above, Owner A-2, Owner A-3, Owner A-4 and Northerly hereby T�`= agree to grant to the City a public easement for the pedestrian - � skyway system through their respective properties from the floor to the finished ceiling surface as constructed from time -6- � � a . �� ,,, �. , 2`��^� �- � to time in the areas as set forth in Exhibits B-1, B-2► B-3 and � g-q, Said grants of easement shall be in the form attached hereto as Exhibits C-1, C-2, C-3 and C-4. � In consideration of Northerly granting said easements in the Northerly Building shown and described in Exhibits B-1, B-2 and C-1, the City and HRA acknowledge and agree that, to the extent any inchoate easements, rights to the future grant of easements, interests in the nature of easements, or potential easements or interests therein were created in favor of the City or HRA over the premises herein described as the Northerly Building by or pursuant to that certain Contract For the Sale of Land dated October 14, 1965, between HRA and Davidson-Baker Company, all such inchoate easements, rights and interests are expressly terminated and extinguished. The easements shown and described in the Northerly Building in F�hibits B-1, B-2, and C-1 are granted pursuant to and in satisfaction of the requirement of paragraph 8 (c) of such Contract For the Sale of Land. Nothing herein shall alter or amend the provisions or procedures of such paragraph 8 (c) with respect to changes in the location of easements. In further consideration of Northerly granting said easements in the Northerly Building as shown and described in Exhibits B-1, B-2 and C-1, HRA and City agree to execute a separate agreement with Banco Properties, Inc. , owner of the premises located immediately south of and attached to the �� _ Northerly Building, for the vacation of that portion of an � existing easement within said Banco premises shown on Exhibits . _�_ . �' . �JL�rV../+V v v .� ' � .� • t' `l• � , '� B-1 and B-2 as "Vacated Easement" , and for the removal and � disposition of all public improvements located within such easement, including an escalator , as is provided in such separate agreement. The easement areas and skyway bridge herein concerned, except only . that portion of the easement areas not necessary to enable continuous passage from Parcel A-2 to and through the Northerly Building, shall be open from 7 : 00 a.m. to 1:30 a.m. , Monday through Saturday, including until 1: 30 a.m. , Sunday mornings, and, at the option of Venture , for designated hours between the hours of 7 :00 a.m. Sundays to 1: 30 a.m. Mondays, on two week 's prior written notice by Venture to City, HRA, Oxford, Carlson, Northerly and other parties in the System to whom the City requests in writing that notice be sent. The balance of the easement areas herein granted shall be open from 7 : 00 a.m. to 10: 00 p.m. Monday through Saturday, except that the easement areas shown in Exhibit B-2 may be closed to ingress from Sixth Street at 6 : 00 p.m. Monday through Saturday, and all day Sunday, at the discretion of Northerly when deemed necessary for security reasons. Nothing herein shall restrict Northerly from opening the easement areas through Northerly Building at such times other than those times set forth above. Upon request by any party to this agreement, and where necessary in the reasonable discretion of the City to protect public health and safety, including both personal and/or r��= property safety and security, the City shall take appropriate � action to further limit the hours during which said easement -8- • / � V L��r V..I i V v V - ,, .- � �� areas must be open for public use. The City shall consider , as ' � � � one factor in forming its discretion, the claimed or actual � � - � breach of security agreements by and between any of the parties. � 6. , All easements to be described in Exhibits C-1, C-2. � C-3 and C-4 shall be more specifically described after survey by a registered land surveyor of said easements, which survey shall �be furnished in recordable form at the sole cost of HRA. 7. The City and HRA agree to the placement by Northerly of one freestanding clock within the public easement as shown in the Northerly Building in Exhibit B-1 provided that the total width of the easement exclusive of the width of said clock must be at least 12 feet at the point of placement, and that said clock shall not obstruct any skyway directional sign. 8. All parties agree that the easements to be granted hereunder and herein described shall be designated as public easements and that all ordinances and codes of the City applicable to the System shall govern same. 9. In the event said easements are relocated, vacated or terminated under the circumstances stated in the Grants of - Easement attached hereto as Exhibits C-1 through C-4, respectively, City shall furnish a release thereof without cost to the respective property owner , its successors or assigns. 10. The HRA and City hereby waive any right they may have to share in an award of damages in the event that a public body acquires all or any part of the aforesaid buildings or . ��.. properties by condemnation or under the threat of condemnation. Said waiver applies to the easement through the respective properties, but not to the skyway bridge. . _9_ � � ,, � �,� � • � p ' arties hereto that the � 11. It is agreed by and among the p � 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 AND MAINTENANCE 12. Commencing seven days after receipt of written notice from the City of substantial completion of the skyway bridge, Owner A-4. and Northerly shall maintain, repair and operate the electrical, HVAC and roof drainage facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge in repair and shall keep it in a reasonably safe condition for pedestrian travel, reasonably clean and free of litter and debris. 13. Owner A-4 and Northerly further agree to provide the necessary repairs and maintenance of the skyway bridge and its integral parts at their sole cost, without cost to the City or HRA. Such maintenance shall include, but not be limited to, glass, floor , hardware and metal trim cleaning, polishing, repair and replacement, roof maintenance, repainting, light bulb replacement and light fixture cleaning. The HRA and City shall be furnished with plans and specifications for all additions, alterations and major repairs or replacements to the �"��: skyway bridge. Such plans and specifications to be submitted• -10- � 1 �- /'\� .�, �� . '' �r� �~ � � � in accordance herewith shall be subject to the reasonable and , � timely approval of the HRA and City before commencement of the ; work contemplated therein. Lack of approval or disapproval of � i the plans and specifications within 14 days following the date ; on which they are submitted to the HRA and City shall be deemed approval. � 14 . Oxford, Venture , Carlson and Northerly have entered �� into the Skyway Bridge Maintenance Agreement of even date �. herewith, hereinafter "Maintenance Agreement" , which Agreement provides for the sharing of maintenance, operating and repair costs and responsibilities for said skyway bridge and its integral parts and related equipment. 15. After completion of construction of the easement areas and upon written notice by City to Owner A-2, Owner A-3, Owner A-4 and Northerly that easement areas are available for pedestrian travel, Owner A-2, Owner A-3, Owner A-4 and Northerly hereby agree to provide and pay for all repairs, operation and maintenance for all the easement areas through their respective properties, all to -a reasonable standard of safety and cleanliness. 16. If Owner A-4 and Northerly fail to adequately maintain, repair and operate the skyway bridge to a reasonable standard of safety or if Owner A-2, Owner A-3, Owner A-4 or Northerly shall fail to adequately maintain, operate and repair their respective public easement areas within 30 days after ��.._ receipt of written demand therefor by the City, the City may , undertake said reasonably necessary repair , maintenance and . -11- ' � Jf.7.\.JJIVVV � . . �O( � r � v0 � � ' g Cit for said � operatin tasks, and the costs incurred by y maintenance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner (s) or their sureties, as applicable hereunder ; provided however , the City retains the right to assess such costs against the defaulting property owner (s) as a local improvement in any manner provided by law. 17 . Neither the skyway bridge, nor the pedestrian concourses within the easements herein to be granted as set forth in paragraph 5. and which are the subject of this Agreement, shall be operated for the purpose of advertising the name of any product or business or for any other commercial purpose other than for or on store fronts. Such store front signage may project into the easement area but shall not obstruct from pedestrian view any skyway directional sign (s) , and shall be removed at the request of City should such obstruction occur ; provided, however , nothing herein contained shall prevent the installation and maintenance of directional sign (s) identifying the building and/or street names as set forth in paragraph 20. of this Agreement. HRA has heretofore approved the projection of certain store front identification signs in Parcels A-3, A-4 , vacated East Seventh Place and Parcel 27 and recognizes such approvals as binding herein. SURETY BONDS AND INSURANCE 18. Commencing seven days after receipt of written notice �"��= from the City of substantial completion of the skyway bridge,' Owner A-4 and Northerly shall together furnish and maintain a -12- � � � SB:CS51680 �� . � . � �� s� . ��_ . � surety bond in the amount of $50 ,000 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee , conditioned that said property owners shall forever indemnify and hold harmless the City in accordance with the sai3 Ordinance against all expenses and liability on account of all - costs, claims , suits and judgments arising out of or connected with the maintenance, operation, repair and/or removal of the skyway bridge, its integral parts and related equipment, and, further conditioned upon said property owners complying with � all terms and conditions expressed and contained in this Agreement as to operation, repair and maintenance of the skyway � bridge, which surety bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of the Department of Finance and Management Services for the City. The cost of furnishing and maintaining such surety bond shall be borne by Owner A-4 and Northerly. The HRA shall procure from the general contractor, documentation evidencing that the general contractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph l. herein, naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4. General conditions and Section 6. Special Conditions of the r_ . construction contract, copies of which are attached hereto as, Exhibits D-1 and D-2. � -13- . , 5 � � : �, 2'��'��a� � � �� ° 19. After completion of construction of the skyway bridge . � , � and the easement areas and upon notice to affected property � owners by City that the skyway bridge and the easement areas are av�ilable for pedestrian travel, Owner A-4 and Northerly shall furnish and maintain public liability and casualty insurance coverage for the skyway bridge and Owner A-3 shall furnish and maintain public liability insurance coverage for the easement areas to be granted through Parcel A-3, vacated East Seventh Place and Parcel 27 ; and Owner A-2 , Owner A-4 and � Northerly shall furnish and maintain public liability insurance for their respective easement areas in Parcel A-2, Parcel A-4 and Northerly Building as set forth in paragraph 5. herein. Said insurance shall be with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds and shall contain the following minimum coverages: for personal injuries, including death, $500 , 000. 00 for each occurrence; for property damage to the extent of $200,000.00 in any single accident. Such minimum amounts shall be subject, upon 60 days notice, to reasonable increase by official action of the Council of the City of Saint Paul, in the event statutory municipal liability limits are altered at any time after the date hereof. The casualty insurance shall have all-risk coverage in the amount of the full replacement cost of the skyway bridge as reasonably determined by the City from time to time. All costs of insurance required herein relating to the skyway bridge shall be borne by Owner A-4 and ��-�: Northerly. All costs of insurance required herein relating to the easement areas shall be borne by the property owners responsible therefor. -14- / � � , SB:CS31680 � , .� . _o . � 7� ,.�� . � SKYWAY DIRECTIONAL SIGNS � 20 . All directional anc3 other signs to be installed within the skyway system on the properties of Owner A-2, Owner A-3 and , Owner A-4 shall be located as shown in �chibits B-3 and B-4 attached hereto. The location of one directional sign in the easement herein granted in the Northerly Building shall be located as shown in Exhibit B-1. The initial cost of purchase and installation of these signs shall be borne by �A as to "signs located on the properties of Owner A-2, Owner A-3 and Owner A-4 , and HRA will pay only the cost of purchase of the sign to be located in the Northerly Building. The cost of installation of the sign in the Northerly Building shall be borne by Northerly. The cost of operating , maintaining and repairing all the signs herein shall be borne individually by the party on whose property the sign is located. If the location of the easement is changed , the signs shall be moved accordingly, and the cost of moving and re-installing signs to a new easement area shall be borne by the party on whose property the sign is being relocated. If the sign moving requires a change in the sign face, this shall be done at said property owner ' s expense, and be consistent with the graphic design system established for skyway signs. , BINDING OBLIGATIONS 21. This Agreement is subject to the terms and conditions r-• � ' of Ordinance No. 16617 , as adopted by the Council of the City - of Saint Paul, and all its terms and conditions are -15- �� JD:LJJl�OU � , . \7� -,�( , • V\O ' .:J� � � incorporated herein by reference. Owner A-4 and Northerly are � considered to be "permittee ' s successors" under the terms of said Ordinance. 22. The parties agree that in the construction, maintenance and operation of the concourses located within the easements herein to be granted as set forth in paragraph 5 . , they shall be bound by all City codes and ordinances governing the System insofar as applicable. 23. The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties and their successors in " interest and assigns , and shall continue in force until such time as the System or that part herein concerned is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grants of Easement herein. 24. It is understood that this Agreement does not govern the relationship and agreements by and among Oxford, Carlson, Venture and Northerly themselves to each other , other than the requirement of paragraph 14. above. 25. The parties hereto herein reserve unto themselves the unconditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved real estate herein, or interest therein, and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other �� _ form of venture. In the event of transfer of property owner 's � said interest, the owner (seller) may be freed and relieved, -16- � � . � . ' , �' �� . =�. • from and after the date of such transfer , of all liability as � respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be performed; provided that owner 's successor fully and without limitation assumes in writing all duties, responsibilities and covenants of the owner (seller) under this Agreement. It is recognized that Oxford is required to convey to the City by obligations which include that certain deed filed in the office of the Ramsey County Recorder as Document No. 2036809 the area of a public galleria and galleria air rights in all or a major portion of the easement areas in Parcel A-3, vacated East Seventh Place and Parcel 27 upon substantial completion thereof. Upon acceptance by the City of such conveyance , Oxford is released from its covenants and obligations under this Agreement as to all those areas included within and conveyed by such conveyance provided that the City may elect to self-insure instead of providing insurance required herein in paragraph 19. 26 . Notices. Al1 notices, demands and other communications which may be or are required to be given by a party to the other parties shall be directed as follows: To Northerly: Northerly Centre Corporation 1150 Northwestern National Bank Building 7th and Marquette Minneapolis, Minnesota 55402 Attn: Mr . John Beal and .�� Northwestern Bank Building Company � 840 Northwestern National Bank Building , St. Paul, Minnesota 55101 Attn: Mr . James Thomson � -1?- / � - � �7D:\.r7V�VV � • . NO � � � � � � To City: Director of Public Works Sixth Floor City Hall Annex 24 West Fourth Street � St. Paul, Minnesota 55102 To HRA: Renewal Administrator . Housing and Redevelopment Authority of the City of Saint Paul, Minnesota � Twelfth Floor - City Hall Annex 24 West Fourth Street - St. Paul, Minnesota 55102 To Oxford: Oxford Development Minnesota, Inc. 628 North Central Tower ' 445 Minnesota Street St. Paul, Minnesota 55101 Attn: Property Manager St. Paul Town Square and 555 Peavey Building 730 Second Avenue South Minneapolis, Minnesota 55402 Attn: Legal Counsel To Venture: St. Paul Joint Venture 12755 State Highway 55 _ Minneapolis, Minnesota 55441 Attn: Mr . John R. Heim and 711 Degree of Honor Building St. Paul, Minnesota 55101 Attn: Mr . Milton H. Altman To Carlson: Carlson Companies, Inc. 12755 State Highway 55 �--�: Minneapolis, Minnesota 55441 � Attn: Mr. John R. Heim . -18- � C7 . ��7�� , . . , � HOUSING DEVELOPlSENT AUTHORITY � ' OF THE F SA PAUL, MINNESOTA � . � � :� . b � By � � ' � t ;��-_ . � � ' . � � A `� By . . �E�.�19�- , . , ,-• . CITY OF SAINT PAUL � � " � . • • - APPROVED AS TO FORM . . � , By �� ' ts a r 7-Z3-So By , � � Its re or, Department of P ann�ng � � d Eco ' c Development . . . . By Its Dir t r, Department o inance � � � nd ent Services � U � � � Y . Its City C er _ � � �iW`- . . . T) Pedestrian Skyway Bridge � . Acr.oss 6th Street between Cedar & Minnesota � Construction - Knutson L8397-2 $257,940.50 60600. to be reimbursed by 76500 (URBF) . Architecture - H.G.&A. Contract 79/47 $ 25,800.00 � " URBF 76500 2) Concourse: Reimbursement to Oxford $182,029.00 . URBF 76500 •. � . � � . � ( - • STATE OF itII1NESOTA ) � � � � , � ) SS . " � . COUN�Y OF RAMSEY ) . . � � � On this day of , 19� , before me a o ary O � Public wit }n an for aid nty, peared d-� �- and ' � , to me personal y .nown, w o, eing ea . �— by me u y s orn i say t they are respectively the � � �� and of the H G D . REDEVELOPMENT AUIHORITY OF THh � C OF II�T .A L, MII�NESOTA, d � Minnesota public body corporate and po itic, that said instrument was si ed by authority of its Board o om ' ssioners, nd said � . and �� acknowledged � sa ' d instrument wa t e free act an deed of sai corporation. yp�NNE RETTNoR � 1 NOTAFY fUAIIC-N.IN,.. .��;�s.� RRMSEY �G�NiY 1986 � ' �' N ERGIRE9 Mor.29i � C(UMMt5510 . . • M♦ � - ' _ • " . • '��'�.� ` , ' � � •. . I ' � �� . � �.v v.v i i vr 11111'�JL 1 � ' �_�� - � . ' .The fore oing instrument was acknowledged before me, this '��' � day of , 19�p, by GEORGE LATIMER, Mayor of the CITY . S �OF SAINT PAUL, municipal corporation of e State of Minnesota, on � behalf of said City of Saint Paul� � _ � ! . . . � . STATE OF MINNESOTA ) • � z,� LEEANN TURCHIN � SS.• " NOTARY PUBLlC—I�t�NNESOTA � • � COUNTY OF R�MSEY � RAMSEY CpUNTY � _ . � My Comm.Expkes June 11,t9g7 x; � ' The e oing instrument was acknowledge e . ; this �� day of , 19�, by GARY E. STOUT, Director of the Department f Pl ning and F.conomic Development for the CITY OF SAINT PAUL, a municipal corporation . of the State of Minnesota, on behalf of the City of Saint Paul. � � � � . . t ) . � • Y . W. : c� � :,�,,, •,�-,�c.,�w� . . " A I..,f'y t! .. ,t'! ... . t..ti, . STATE OF MINNESOTA ) 1 ��-.�,�ori � F�TERSON . � .S.S. � t _ r��. , r-. --_ ,; Co. Mn. 1 .:' ` r \ I"n�. A rc� ^\ .�',1'I�i�E.S COUNTY OF RAMSEY ) � `-:_ �' � � ".� �. � .. . . . ;�T�1�'rC . , The oregoing instrument was acknowledged before� me, this � �t�,, day of , 19 Yo , by BERiQARD J. CARLSON, Director- of the � � Departmen 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. . ' _ , . . , �'1 . . � , - . JEANNE M.ANDERT • �� NOTARY PUBLIC—t�IiNNESOTA STATE OF MINNESOTA � �RAMSEY COUNTY. _. ------` . . -_-..___ __ _ _ } $S. � • ' - My Comm.Expires Aprii 10,19E7 . COLTNTY OF RAMSEY � ) - --- - " - - -- ' - - � The foregoing instrument was acknowledged before me, this � � day of , 19�� by ROSE MIX, City Clerk for the CI Y F SAINT PAU , a icipal corporation of the State of Minnesota, on - behalf of the ity of Saint Paul. • � <�_!� l,�`-C..K�.► . . , � LEEANN TURCkr��` � . `i.�� NOTARY PUQL _ �� rC AhIN.�! . � • � � RAMSEY �� S�Tt: : My C CO�hTY f . Y �m•ExPKesJune il, 2987 S� ' � r . . . � . . �, . � 3 i ' • , � . . . , ' NORTHERLY CENTRE CORPORATION � ' . By � . - zts �� - BY .._ �J��"`"'"".� s,.� - ".. Its . � STATE OF MINNESOTA ) . ' SS. - . . - COUNTY OF ) . On this 36�day of , 19�,� before me, a Notary Public within and for said County, appeared O : � and ��(�0� � ai� � , to me personally known, who, being � � each by me duly sworn, did say th at they are respectively the l�__ �ir f' and � ��i��,� . of NORTHERLY _ _ � � CENTRE CORPORATION, a Minnesota corporation, �that said instrument was • signed by authority �of its Board of Directors, and said _ and � � acknowledged said � _ _ instrwnent was_ the free act and deed of said corporation. . , . � ' `_��il�_.�._�_� G ' '. ��.r� TERESA A. McGUiRE . : ��1� NOTARY PUBLIC-MINNESOTA - ' � � RAMSEY COI�NTY � MY Commission Expi:t;r,+ar.30. �904 . . � , • . `. . . . . .. • , � � � T _ ' . 1 '� ; � _ .�. ,�1,'"l. )�..%ry^°,,. . \ ' ' / V•' �O � � . 0}::OR� DLVELOY:•.�I�T t�ii��SOTA, I?JC. v • - , . � , . � � � � fiy� ' � . ,.� - . Its � � . � . r . � . BY - � - . . Its �' . . • - . P . . .-� STATE OF 2�T2�r;�SOTA ) . � . . • ) SS. � . . COL�TY .OF HENNEPIN � ' --- . On tnis �,/p� day of Julv � -�lg �o ► �°`ore me , a No�ary — cy i.�2_.' ��. -rd.� . �•�lic wiu��n �:nd lor said County, a�peared o _ Gnd L. c. Deardorff � to ne �ersonally knc�Nn, who, beir.g each � by m.e dL�y =;.�orn, aid say that they are re=�ectiv�ly �1ie . . _. . —t�-i-ee President and Vice President • Oi Okr"'ORD DEVEzOPif,ENT . iiT_�NESQIA� II�C. � a i`i�nesota corporation, �'ldt S�1C� 1AS�rlLT�2r'it WdS . � ' sig�ed by au�nority of its Board of Directors , and said - � ' ` c.�.f.r � Z:�"�,=r� � _ : - � � �d L. c. Deardorff ' 3CkriOwlecged said' instrunent was the free act and deed of said corporation. � � --- � • �nn�v�rfwnn� - -� � - ��=� 1UDITH GOBEN S i A; :.,C •. <'`'�� NOTARY F�BUC-Ni;IrNESOtA `� � �'��' HENNEPIN COUPiTY � � • � �My Commirsion Explres luty 2, 1985 � r�N = , s . � ' • � � • . , : �S� . • . : - - � � � ' � • � � � � . � . ST. PAUL JOINT VENTURE � � ' � Capi�al Hospitality Corporation . . By -r , . I �� . � . f . S Hotel Company B� . . . . . . . I ts ��,� . " STATE OF MINNESOTA ) � - � ) ss. COUNTY OF RAMSEY ) � �he fore instrument was a k led d efore me this � � by . . . �� . the of C TAL HOSPITALITY CORPORA- � TION, a Minn sota corporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, on behalf of the • partnership. � •�� CATHLEEN A.STAYBER �� NOTARY PUBUC—MINNESOTA DAKOTA COUNTY STATE OF MINNESOTA ) �r�"'""�10"EawresOct 10.t98S. Y ■ ) SS. _ COUNTY OF RAMSEY ) � , ' �The fore i ins�ument was ac owl dged before me this D , bY ' • � the of SPH HOTEL COMPANY, a Minne- - sota c rporation, a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, o n behalf of the partnership. . , ��r CATHLEEN A.STAYBERG- �Ln� NOTARY PUBLIC—MINNfSOTA �,hr.� DAKOTA COUNTY � Mp Commission Expires Oct. !0. 1985. _ x � �� . � ,� I�'%'�� \° , . ' . , J� • � �CARLSON COMPANIES, INC. , , s Vice Presi • nt STATE OF MINNESOTA ) � ) ss . COUNTY OF RAMSEY ) On this -��'day of , 1980 , before me, a Notary Public within and fo sai ounty, appeared John R. Heim, to me personally know , w o, being by me duly sworn , did say that he is the Vice President of CARLSON COMPANIES, INC. , a Minnesota corporation, that said instrument was signed by authority of its Board of Directors , and said John R. Heim acknowledged said instrument was the free act and deed of said corporation. � � • ,� , CATHLEEN A.STAYBERG i NOTARY PUBLIC—MINNfS07A DAKOTA COUNTY w�0°N01��a Oct 10.1985. . . � � .«�A� _ ocr�w,��. - • ��;� ,_ ,..,,ow ' ��Z��CQ Ordinan�e N O. � > � • ' � _ / G' . O . ,, � `�-y ' �°�• �ented By . �`c Committee: �ate • � � Referred To • Date Out of Committee By ,. , • , AN ORDINANCE MAKING PROVlSiON THEREFOR AND GRANTING UtJTO THE• � HOUSlNG AND REDEVEtOPMENT AUTHTRO� ANDTITSCSUCCESSORSNORPASSIGNS, . MiKtiE50TA,. A MINWESOTA CORPORA , � PERMISSION 70 CONSTRUCT, MAINTAIN UBL1CPS REETSyWITHINOTHEGCORPORATE '. HEAD PEDESTRIAN PASSAGEWAYS OVER P . LlHITS OF THE �CITY OF SA{NT PAUL; AND • . �) ACROSS EAST SIXTH STREET 6ETWEED R�STREETRSSAIDOOVERHEAD � � WITH OF H1t1NESOTA STREET AND CE A PEDESTRIAN PASSAGEWAY TO BE EXTEH�EST�CROSSING)XONTTHE • NORTHWESTERN HATIONAL BANK (NORTHIJ SOUTH SIDE OF EAST SIXTH STREET TO TEASTASIXTHNSTREET`TOWN : . � SQUARE COMPLEX ON THE NORTH SiDE OF , . 2) ACROSS MiNNESOTA STREET BEIWEEN THE �STREET�TSAID OVERHEAD � OF EAST SEVENTH PLACE AND EAST SIXTH � " ' PEDESTRtAN PASSAGEWAY TO BE EXTENDED FROM N��SOTA' STREET 0�, � . TOWD1 SQUARE COMPLEX ON THE 41EST S(UE OF Mt THE BREMER BUILDING ON THE 'EAST StDE OF MINNESOTA STREET. . ` ;� � � - . THE COUNC1L OF THE CITY OF SAINT PAUL DOES ORDAIt1:� . Section 1 . � � �` at ermission and authorlty hereby are granted totaheaHMi��esota� Re- ,.,-,,. Th P Y Y M i nneso , � development Authorit of the Cit of Saint Paul , corporation and/or its successors �n ��assasewayscoverrpublicastreetsawath�in` ' ate the following overhead pedestrian p 9 . the corporate limits of the City of Saint Paul ; and . COUNCILMEN � Requested by Depattment of: 'Yeas Na}�s � . . • Butler In Favor Houa . H"'''t � Against �By � . Levine . , - Maddox � � • - Showalter gorm Approved by�City ftorney� . Tcdesco . . �` ` /%� . Adopted by Councili Date � ' By �C Ccrtified Passed by Council Secretary - • � ; ; �� . v ' � pppi by Tiapos for S mi �ion to Council , . � /,pproved by biayor: Date '' � ��'-� ��,y EXNTF3IT "1A' ��BY , � �� ' ' • ' � _2_ � ,�r�� •� . . � , c _. 1Rr- � �. . • , . \ 1) across East STxth Street between the iritersectTon therewith � of Hinnesota St�eet and Cedar Street, said overhead pedestrian � . passageway to be extended from the existing Northwesiern National Bank (NortM�+est C�ossing) on the .south side of East, S1xth Street to th�e Radtsson Hotel/To�m Square Cornplex on the north side of . East Sixth Street. " �� " . � • • � 2) across Hinnesota Street betr�een the intersection therewith of East Seventh Place and East Sixth Street� said overhead pedes- . . . : trian passageway to be extended frorn the RadTsson .Hotel/Town " Square Cor*�piex on the west side of tfinnesota Street to the Bremer . � Building on the east side of Hinnesota Street.�' • . - Section .2. . � � 7hat the DTrector of Pubtic 1•lorks is hereby authorized to issue necessary . permits to satd permittee, the Housing and Redevelopment Authority� of the City � of Saint Paul , Minnesota, for the construction, maintenance, and operatlon of•. said overhead pedestrian. passageways according to the plans and specifications •' approved by the Department of Public Works and at the separate cost and expense of said pe�mittee, upon said .permittee' s compliance with. the following conditions. , � - a. That said permittee and/or �its successors in interest� shall.,°at its � own cost and expense and in accordance with all applicable ordinances . •- of the City of Saint Paul , statutes of the State of Minnesota and — . � � regulations of public authority having cognizance, 'construct, main- • tain, and operate said overhead pedestrian passageways t�ereundec; . � . b. That said permittee shall pay the costs for the publication of . thts Ordinance; � - . � � � - _ . . . �� ' c. That said permittee shall � pay the costs of administration, �engin- �-• � eertng, and inspection incurred by the Department of Public Works _: , due to this undertaking, said costs are estimated to be a sum of' � . • - . Six Hundred Dollars ($600.00) for each overhead pedestrian. passageway noted above and shail be accounted for�under separate . � Department of. Public Works Project Number(s} ; . d. That said permittee shaii furnish the' Department of Public Works � all documents of record for each overhead pedestrian passageway above, that are a part of the cont�act or incidental to its � execution including, but not limited to, addendums , award of . � contract, contract amount, "as built" plans, tracings and tracings • of shop plans; . _ , . e. That said permittee shali . construct each overhead pedestrian passage- • ,�� ` way to the satisfaction of the� Director of Public 1�lorks and in , accordance with approved plans and specifications of the Housing and Redevelopment Authority o� the City of �Saint Paul , Hinnesota; said _ plans and specific,ations on file in the Department of Public Works. . r � � ' � . � E . � � - � • (�e V 1.�,��!,� • . ' ' . . . _3 • . • _ IC�� l� � � � � � � onstruction shall be made in strana T�ansportationhAfficials � Such c fiway � American Association of State H�9 and the Uniform Building Code �1 (AASHTO) Spectflca[ions, as amended, • the Department � and be authorized under a build��9 Permit issued by ^ Dtvision of. Housing and Building Code t� of Carr,rnu n T ty S e rv i ce s, . - • : • . Enforcement: . , at saTd permittee and/or its successors in interest shall fully f• T�' and defend the City of Saint Pau1 , its � indemnify, hold harmless, ees fran any and all damages, cTaims, . . agents, officers and emploY . losses, Judg�ents, sutts or expenses andsonand/ornproperty arismng , � � of r,rhatevec nature for injury to perso � ) � out of or connected with the cortstruction, erection, maintenance, operatlon and/or removal of each overhead pedestrian passage►�ray nder• and that supplemental to ait other obli_gations , on thei�� hereu . hereunder, said permittee and/or ' part, jointly and/or severally, its successors in interest shall furnish and ma�nsurancedCoverage, with Premtums and other expenses therefor, Casualty . �- � a duly licensed Casualty Insurance Company toe�sonsxinnany�sin le - y erson and/ot p g� � � $�OO�ODO.00 �for injury to an p _ 000.00 for damage to property incfdent, and to the extent of $200' the City of Saint Paul against � � in any single accident= ira�mnifyin9 � . 1 ;ability on account o� _ ' claims of third persons for injury to � � person(s) and/or property arising from or connected with the con- struction, erection, maintenance, operation and/or removal of ,said -� � ctures hereunder, at all times, and to furnish com�feFenance'andce � stru • . of said coverage, from time to time, to the Director Kanagement Services of the City of Saint Paul ; . said ermittee shall not proceed with constru�t�he �rovisions g. That P � until said Pe�'anceeandaindemneiff cat�on�contad'tnedtin thePCity of � . � ;�: - regarding insut , „ lemental__Speci-� . • Saint Paul , Department o' °ublic_tJorks _Standard_Su1P a � Section • dated June 1 , 97 + fications for Highway Construction , numbe�ed t305.2. For the purpose of this Ordinance, the aforesaid S ection of said Specifications �shall be read asactor9hWhereverdsame � "perm� ttee was substituted for the word contr . ,� a ears therein. Sectlon 1305.2 of the Department of Pubiic Works, • Pp lemental Specifications for Nigh- City of Saint Paul "Standard Supp � wa Construction" dated June 1 , 1978 .15 herehy incorporatcd herein Y and as canp1etely as if set forth herein � by reference as fully verbatim. � � � h. That said permittee andlor its successors e�makeeadequateaandamong otfie� things , at their orm cost and expens �� .. � effective provisions therefor and drain adevmcestthrougti'eachdo�e�w , which sha11 accumulate thereon by proper � head pedestrian passageway and in a manner so that the flowinq and/ oc .s illing of same on any �part of �said sections of said Publ +c P Streets shal ] be prevented at alt times. �Said permittee and/or its � . I � . � . � Q . � � , � � r- . i . . • ' 4 � i s , .. , -4- . . � �- 1�f';�� ' :��. . � � � . � � ' . � � , , . . � successors in interest shall �maintain and operate each over- � head pedestrian passageway at its, sole cost and expense i�n a " safe condition for pedestrlan travel � such.maintenance to Tnclude, . � but shall not be limited to, giass, fToor, metal t�im, and hard- • � � • ware�cleaning, polishing, and repTacement; roof maintenance; repatnting; light bulb replacement and' light fixture cleaning; and � the supply of heated and cooled air within each bridge to maintain • temperatures comparable to that normally ma�ntained within heated and atr-conditioned office spaces; . ;. T . That sai.d permittee and/or its successors in interest shalT ,• at •a11 � . times, construct and maintain all of the supports of each overhead•• . pedestrian passageway noted above entlrely withtn the Itnes of the � subject private real estate and entireiy without pubiic street � - rlghts-of-way; � � . . . J . That said permittee shall notify the Traffic Bureau of the Depart- ment of Public Works if the. construction or maintenance of each overhead pedesirian passageway shall make necessarY the closing of � Htnnesota/East Sixth St�eets ot any part thereof;all expenses � . � incurred by the Traffic Bureau in furnishing, installing, or re= � • ' moving barricades , signs, and ott�er control devices shail be paid • � by. the permittee; . k. That said pe�mittee and/or its successors in interest sha11 not use ' - . , any pari of either overhead pedestrian- passageway for �any advertise=� � ment or display purposes, without the written consent of the City of Saint Paul and the appllcation thereto of any advertisir►g material � or display shall be deei�ed prohibited by this Ordlnance; • i . Tf�►at said permittee and/or its successors in Tnterest shaTl , at all � �, pertlnent t�mes � Tn the construction, matntenance, and operation of.. each overhead pedestrian pas�sageway �ereunder, provtde a mtnimum � . � , vertical clearance of at least 17 feet 4 Tnches between and through- � . out the course of the bottom of each structure and tfie surface� of ' - � each section of HTnnesota/East Stxtfi Streets, except as nsay be attered by the City's future street work �n each case; " � _ . ' m. That said permlttee cxpressty agrees to �cornpty with Chaptcr 216 of " th� Saint Paul Legtslative Codc, as ar,+cn�ied, pertatntng to st�cet obstructions; � _ � � n. That said permittee andlor its succ�ssers in interest shali conptete . � the construction and e-rction of each overhead pedestrian passage- , way by not latet' than one (1) year after comrnencem�nt� of constructiori. � SaTd commencement shall be evidenced. by Pubiic Works' receipt of a .r��, written notiflcation thereof, and shall be dated therein, as furtfiec • � provided for under Paragraph (o) below;' � � • . _ � _ � . . - .� � . 3 � . . • t1� 5�!'� '--� '�L.; ��,._� ° _' � , . -5- � �•}�:V . . . . . �•.' • " . ` � • o. That said permtttee shall notify the City Bridge Engtneer. of � the Department.of Publlc Works before and when construction � starts and not�fy the same sa�d Bridge Engineer when construction � . � f�as been completed to allow for a final inspection of each over- head pedestrian passageway hereunder. That �each overhead pedestrian passageway shall be remoyed by p. • . and at the sole cost and �xeverethe Councilroftthe City�ofiSaint . successors in interest when . Paul sha11 by Resolution determine such removai necessary in the public interest and accordingly orde� the removal of either� � structure from said iocation; � q� That said permittee sha1l ,�WStofd�nanceerfile withntheOCityyClerk • after the, publication of t its written acceptance of this Ordinance and agreement to be bound � by all the provisions, terms and conditions thereof ��ithout �ltmitation which written instrument of acceptance and agreement � shal ] be in the form approved by the City Attorney; � � r. Jhat upon tfie execution of an Agreeme,o mentnAuthorety ofethetCity� � of Saint Paul , the Housing -and Redeve' ;Cabte buildinglp�operty owners � of Saint Paul , Minnesota, and tt�e app � respecting �the aforesaid pedestrian passageways noted above, the : � permittee, the Nousing �and Redevelopment Au.thority of :the City of � fSaint Paul , Minnesota shall be reiieved of any further obligation l � under the terms af this Ordinance, andt�h% �O�e��y°�ne�s,�shall�be � of the permlttee, the applicable bu� Td g P P , responsible for paying the insurance premiums of�each overhead . " pedestrian passageway connecting their buildings and shail also be � responsible for providing the maintenance and operation of same; S. 'fhat upon the Housing and Redevelopment Au��nance`toCtheeabove o� � � its obligations under the terms of thts Or - - successors 1n interest. satd permittee'SOf�Salnt�Paulnai5uretytBond � • shall furn1sh and deliver unto tf�e City _ � in the amount of Fifty Thousand Doit�ereCnderOOmade,and �executcdeby. � : ' .head pedestrtan passageway (bridge said permittee's succcssors in interest as Pr��cipai � and a Corpo�ate Surcty CanPany duly authorized to transact bustn� � SalniePaultas f Minnesota as Surety, to and 1n favor of the Ctty , obligee, conditioned upon ihe pefmittee's suhjS50�dinance�andcalso . comptying with the terms and condltions of t , . conditioned that, 'in the event the pet-mittce's f�a�epas5ageway�tprast . . - fail to maintain or �epair each overhead pedest � reasonable standa�d of safety, or fa�i l to retno�hc��ounci 1 ,ctheaCi.ty pedest�ian passageway hereunder upon order y . of Saint Paul may undertake the maintenance, �epaTr or rer�oval � , � thereof and may recovee ttBondashalltremairi inCfulldforceeand�effect as loc said surety, ��ch Sur ty as eact� overhead pedestrian passaSeS�Y��onnplanstonhfilefwl hathe Depa�tt portion of public rights of-way a � ment of Public Works. The Surety 8ond shall be in such form as shall be . � 3� . . UC •� �"�AYOII _ • • V�� z �/ .� �..JL111t 1l .� aw V � F11C t�V. � • . � • �� . . � • �� - �YG�ZyIG�nGe Ordinance NO.-1-�f� � � l.. fj . . • `� '`��V/� ^se�ted By � � . � �� . \ , Referred To Committee:� Date � ' . Out of Committee By � ' � Date � � . . . � : • . . � � �' , . �' _6_ . � . � . � . . � 'approved. by the City Attorney, and sha11 have �such surety as shall • • be approved by the Director of Finance and Management Services; . � t. That said permittee and/or its successors .in interest shall submit • . , proposed plans and specifications to the Department of Public �orks for review and approval of any intended structural repairs or major • � maintenance work on each b�idge, before any such work is carried out. - � Upon completion of such structuraT repairs approved by the De�artment of Public Works, permanent� reproducible tracings sha11 be furnished . tfie Department showing the wofk done and marked with any "as built" � _ changes, as �wei�l as reproducible shop drawing tracings of. the same; - u. That the successors in interest to the permittee i.n each instarsce . • • . shall submit the necessary insurance documents to the Office Eregineer . . of. the Department of Public Works. Tfi�e Office £ngineer in �turn shall � ^_ submit said dor_uments to the C+ ty Attorney of -the City of Saint Paul • for review and, if said insurance is sufficient, said documents shalT - be filed with the Director of Finance E Management Services �of the � City of Saint Paui . . , . SectTon 3. . . That this Ordinance shall take effect and be in force thirty (30} �ays _ __ _ _ f rom and after its passage, approval and pubiication. � . • � COUNCILMEN Requested by Department of: , eas , ��j� NayS / - ��j Publ ic �lorks Ia Favor ' •; , , � - Hu�- o � BY ��11C"��C� C- � ;'� �� ' , I,evine Against . Maddox � . Dona 1 d E. Nygaa rd, D i rector,�(TJ.E/FtAH) Show � �� • esco ��, ,� ,� 1g79 Form Approved by Ci Atiorney� � ' do d by Conn ' . Date ' � � �'�� ertified . ed by ou '1 Secretar � , , By . , '� ` i � •`' . � �. .. . ....,, � � � Cl. �1.J ' I , App o by hiayor for S b ission t Council PP�"�b}� 1►Sa�•or: Da`te . . (� � /� ' : �, .• �� "1G� �� .1/1/If�� / 1 ' b. _^�\ , 1 n�►.-1'`__. � n� i I O��N SOUARE RAD I SSON PLAZA NOTEL � _� ;z�� . T • -- .� , - � -- -- ,. � � ° Sixth Street � � . � � � � . � . . � �----- ,� ,� - --- ��: �.•;;;, . � '.4'. �� L'. w �. . � . �� :�� NORTHERLY BUILDING -� . . . :��:�. G . :':`'.;�;.;. (Skyway Bui l di ng) \ . ! � :Y�'.' I � I ; ' � `.1 � �:; _ C � .. :::� G ; :i�: � .... ..,; - . — 6• ;:�:;��;��.•�'t'��: c � /. .;��: C OCIC �"'� ea� �:ti: r;: •.}'. :��.� :c: • :•i: �:ti�: i :•X• �:titi•:�::�:::::::::::::�: :�: . '- aa�i+�i� .�''- � �: 14'clear ::� � � �:��t�:':�:�:::��:�'::; '.••.• I • • :l,►.�: �:?/: � ■ • ■ :+;+.� � � � � �'��•;:;';F--- e a s emen t to I ' �' � ;� i' be vacated � • , ' � k�� ; - � . � .`%'��` � ?t � � `'''�'�� BANCO PROPERTIES, INC, � �� ! � . ) I � � � • (Northwestern National Bank) EXHIBIT "B-1" :a S :��Y�� S kyway L e ve l 3 �+; :new easement � ' • ' �';�: • ' ` � " ' ...,,,:exi sting easerr�nt ) :�:::�:�. ....... :x::�• - ----� T"'.'T � . •:bridge � " � ---- ,— directional sign _-:�-1 � ' . . �� TOWN S�UARE RADISSON PL�Z/l I�OlEL . � ' , � � .. o � � , � � . � -_� � � � . ' � Sixth Street ', + � . , - ; � - . - -- --, , ► . , � . , � , �, . . � _ , , ; . .- . . . . ..,. , . , . . � .:: : ; ' � . , . . � . , : � _ � c . , : � � ; � , . � �;. � :... . � i � � � NORTHERLY BU I LD I NG + i ', � � ; . + , r �. � .� � � , ., . - ' (Skyway Bujlding). " � . , . . . . . - ( , . , , � _ � + , . -�. . , , . � � j � �.� , ,. .:_. , i , , _k_1;� _ � , . . C . ; _i t ; �_1 _, _; _ ; - ; � � : � .;...T_� _ i.: ;.. .,.;.. . . � r f--- . . . :., , . f r � . � _ � , -� � i f � . : ,,,C , , : • � � , �,. � . : . . . - , � ,� r ; : � _ .�. ._ r , • ' i . , . • . ; � ,� •' 1 � . {'�� _+�. 3 �. ; � _ � ± , , . . . , � . � � . � , . : . ! '_ - , , � {_t . I , �'1 ' 1 �, � � , ` , , _ � .f E-�- �--� a T, , i . _1 + + { . � . , a - -� r+ , � <-f-�-�-.-7 � ,• -�_ _ .. , T� , .;. ._ ' � ,j " ' f't "{. 3 J � ♦ 'T' t {"' . � . . . e � � � . . . � . . • � ' � � , � � � ' . . '. � � ��T � , . ;-'_ . : _ , � :t . , - - - j � ..� � I ' !.; � � : , ' � i , . . _ . � . � : , . . ► � � � , BANCO PROPERTIES, INC, ► ; . . . , � � ' � : (Northwestern National Bank) �� . _ ' ; ... , +"' ' � . i � � � , y . � . . ` �'�� n � � rJ .�. ' , ' . . _ . . i' �;._ � . � . �� . .� r , , � • easement to be vacated ►•:'��r :; :;r:�'� ::�'� ; - �, •��='•'r::�::�%'-. � : . ; _ � ; r' :.��=�'•�% � � '� J J i J j i � � ,+ ' .. , .�� ,. � . . . 1 . . �.� �� ' • � : . , � EXH,IBIT B-2 � -- — - .-.' - ---- 1 ��- - - - - -- - - - - - -- — - - - - Street Level . , � � `3S� :::::easenient 1 � ....... r �� .. i, . /�'/ �� E< . � � - 'r M / ■ w * :;T.....�,i. ..�..rr�r•.,-;�„T.;...K� !------V—••.�,��—•—� � ' 1J i� .�. 1 i�::;::::�:�: -- 1.•. �ST. .y� T. 1rn��. N.. \�r � ..P�T •��: ��'.T.. .1 �•/�• �� ""Y '.Y. '�7".J�:.'�fA' ,�•��::.•. .�,'. ;�K��:. •�M'M ••M\Y'.1i:'�' �1T.M •�•I.. `�. .•r1 .��`�::. :•f1' '\V.M i-F:�: �'�:r. �:�i�:v:;: n•Fi. '•:yv :.X�M •.tv'. �� .'�'�'.'i'i •.vil� � .-. � ��J•.��.'..' .K.'iY .T' ��. � •�,�',Vi�i`�{14 .'�. ��. 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I � � . . ;'''•`'�`'4�� EXHIBIT "B-3" ' 1'. "'=f� Skyway Level - . _ .:: -:;�;, � � � . •:�;,::� �::::.:;:;:;: e a s e n�e n t . — •:1��: ' ,�,;..'.bridge ;,;;: . � �' • ;;;ti��. 3(� � ---- directional sign Sixth StrPet �-- � '' ' � .1 1 .r..-vr^_--��-��-•� ^ `S. T_�� / � �"� � 1 �� ` � 1 ::;:: . . °:;:: : . _ . . _ ; .::�.. :��:��:::��:::::�� ::�:� ..«::��:��:��::�� ; F , ,,�� , � t- ::�:�.�3� ;;:,.t:. , �� 1: . .� k.�: �i; �l t. i �: ;c.: �► , �.: - ., '.� >? i�� . �t. �_ .t:;:.:::::::.:.::::i:.:.::;:.:c��::�:�i:�::':i::�i' � � i _ y y o u a i' l. �G;�::.�:;:;:•.�:.•::�'�:�::•:�;::.:�':::::;:7 • �� ..+n a-�rr,�r-� - :r: - � •i, ' .:r!r,r,•:^r!°:�::•.•. 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'�� i q;!'. - __ .J ��::�:�:�}:�:�:'r:�yr:��'�'�'�'�'�''''' � - � • • � • �:7C•:•:•:•:•:•:�:•::•::;:;:;:;:�::::•::.::: � M 'r�-a- / '� TOWN S�UARE : � � �' � . ::� � :::�� ::::�� ,��,�� --- �r---- •---�-- --�------� � `��-".;�=i' . ... �_ �-'- -- � - - - -- -- � _ I � � . � r�_ • � . C• � � � .�� i , --._,. ( � -r• :�b: �:;.:: :'., _ � � � � �. . ... . .. � - 73 �� • � r s � r (;� i , �_' � �� l ! , ' � � ; � R 't TOWN SOUARE � RADISSON PLAZA HOTEL � � ; ��' _ �� L—� I ; � � R I _i' _ --•--J • i I `�' _i � � � �� - � • • � - �' i i � • �/� i� . , '.� i � ll �:� . _ i� - EXHIBIT "6-4" � - - - - - - -- - - � - - - - � � �treet LevE�l _ i . � - Jf Xt�'1 �}��e¢ 3 .� _ . ..... . ��y�i�ient �