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278187 WHITE - CITY CLERK S 'Y''i � � [} PINK - FINANCE � A��iJ�� CANARY - DEPARTMENT G I T Y O F S A I N T �A U L COUtICll �co � �..� BLUE - MAYOR File N O. City Attny/PBB • . uncil 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 Minnesota Mutual Life-Lowertown Saint Paul Company Skyway Agreement, dated January 13, 1982, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; the Minnesota Mutual Life Insurance Company; and the Lowertown Saint Paul Company, attached hereto, which agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 1 through 6, Auditor' s Subdivision No. 56, except the easterly 23 feet of Lots 1, 2 and 6 taken for widening of Jackson Street; and Lots 5, 6, 7, 8 and 9, Block 8, Whitney & Smith' s Addition; and Lots 8 and 9, Block 2, 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. COUIVCILME[V Requestgd by Department of: Yeas Nays Hunt Levine In Favor Maddox � McMahon B snowaiter - _ Against Y — Tedesco Wilson Adopted by Council: Date fEB 4 ��SL Form Appr ved by City Attorney Certified P• _e by Co nci , c r BY �rZ �� • `� ��g � 1982 Appro d Mayor for Submiss'n t ?Cou cil �ppro tiy ;�layor: � B � ; ? Y — B - °� � FE B 1 � 1982 � � .� � "► � � . ��18''1 , � � , � . � � �, , � � �� a° STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) I . . , . . . . .Albert .B: .Olson: . . . . . . . . . . . . : . . .City Clerk of the e City of Saint Paul, Minnesota, do hereby certify that I have �_� compared the attached copy of Council File No. . . .. 278187. . . . . . . . . ,� ,. February 4, ;� as adopted by the City Council.. . . . . . . . . . . . . . .. . . . . . . .19. . .. . . �Q:r i.n February 8, 82 � and approved by the Mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19.. . . . . � with the original thereof on file in my office. c� � W s.t,.. I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Saint Paul, Minnesota this . . .gth. . . . . . . . day of . , February,.. . . , . .A.D. 19 82. . 4l • - • . . . . . . • • • • . .�-• . . • • . • . • • . . . . • . - ' � . . . • City•Clerk. ,, �' � 7 b � 4 �� . �;� 4 — � M�►11T[ - GITY CLlRK � '�NK�y - PINANCE � ' 1 � ! (�!"'�/ "CANARY - DEPARTM[NT C I TY O�, ►.lA I YT l'.1 LT L C04flC1I `� ■ A � �, ��.uc -� MAYOR , File N0. z� T _�� At�y`� uncil 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 Minnesota Mutual Life-Lowertown Saint Paul Company Skyway Agreement, dated January 13, 1982, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; the Minnesota Mutual Life Insurance Company; and the Lowertown Saint Paul Company, attached hereto, which agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul : � Lots 1 through 6, Auditor' s Subdivision No. �`� 56, except the easterly 23 feet of Lots 1, 1.� 2 and 6 taken for widening of Jackson Street; � and � �"! � Lots 5, 6, 7, 8 and 9, Block 8, Whitney & Smith' s Addition; and Lots 8 and 9, Block 2, 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. CO�NCILMEN Requestgd by Department of: Yeas Nays Hunt �ne In Favor MeddOX � �a i� Against BY Tedesoo �ison Adopted by Cuuncil: � Date FEB 4 »Z Form Appr ved by City Attorney Certified V• .e by Counci . c r By L �'Z �75 ' '1 . _ Appru by �lavor. �.I�1� R �9A2 Approved by Mayor for Submission t¢wCouacil By _ � B� ��' 1'�•� �i� �l� £ .�f��J �` V � � � 11 , � ` MML/LOWERTOWN , � -� � ` 10-26-81 ,� `_�^�� ,�� SKYWAY AGREEMENT THIS AGREEMENT is made and entered into this �f� day of , 1981, by and between the HOUSING AND REDEVELOPMENT A HORITY O 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 re- ferred to as the "City" ; the MINNESOTA MUTUAL LIFE INSURANCE � COMPANY, an insurance corporation organized and existing under the :�. � �:X,� laws of the State of Minnesota, hereinafter referred to as "M1�ZL" ; � 'r'� and LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, � hereinafter referred to as "Lowertown. " WITNESSETH: WHEREAS , the City and the HRA, through the Downtown Urban Renewal Project, Minn. A-1-5, undertook to develop a pedestrian skyway system within the Downtown Central Business District and the Central Core Renewal Area, hereinafter referred to as the "System" ; and WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota 1973, is authorized to operate the System; and WHEREAS, MML is constructing upon "Block C" , that block bounded by Robert, Jackson and Sixth Streets, and East Seventh Place, an office building (hereinafter referred to as "P�iML Building" ) pursuant to a Contract for Sale of Land for Redevelopment dated August 31, 1979, as further amended July 21, 1981, which contract provides for certain undertakings with respect to the construction and ex- tension of the System; and � , ` T � , J . , � � . ; 2,'� / , , -2- WHEREAS, Lowertown is the owner of that portion of "Block 36" (that block bounded by Jackson, Sibley and Sixth Streets, and East Seventh Place) on which are located improvements named and � hereinafter referred to as "Mears Park Place" , which are subject � to certain agreements and covenants respecting the construction � � and extension of the System; and �'*� �2 WHEREAS, an extension of the System over Jackson Street be- tween East Sixth Street and East Seventh Place from the MML Building on the west, to Mears Park Place on the east, has been approved by the Council of the City of Saint Paul on December 5, 1978 in Council File No. 272155, which Council File has been filed with the City Clerk of the City of Saint Paul; and WHEREAS, the extension of. the System over Jackson Street necessitates under the terms of this Agreement, pedestrian ingress, egress and transit through certain portions of the MML Building and Mears Park Place; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over Jackson Street; and WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Jackson 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. 16686, Council File No. 275313, granted the HRA permission to construct and operate a skyway bridge across Jackson Street between East Sixth Street y � ' � � �� J ' � � / / � � S � -3- and East Seventh Place, which Ordinance is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES � �'j HERETO AS FOLLOWS : ;�. S � BRIDGE CONSTRUCTION � C�2 1. The HRA agrees to design and construct a skyway bridge connecting the MML Building with Mears Park Place in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green, Abrahamson and reviewed by MML and Lowertown. HRA will also construct all mechanical, electrical and drainage systems, installations and connections as shown in the approved plans and specifications as part of the HRA construction contract. Lowertown is not obligated to contribute to the cost of design or construction of the bridge. 2. MML and Lowertown shall be responsible for and provide at their own cost all necessary support structures within their respective buildings for accommodation of the bridge; except that HRA shall design, construct and pay for a single "T" column support or pier with required footings on Mears Park Place Prop- erty which is not within the building structure, as shown by the approved plans and specifications . The design and construction cost of such support or Pier shall be paid solely by HRA. 3. Said skyway bridge shall include the necessary mechan- ical and electrical equipment for heating, ventilating and air conditioning ("HVAC") , lighting and roof drainage. The mechanical and electrical systems of the MML Building, which MML Building systems shall be of sufficient capacity to serve the bridge. � . , � , , �� , � ' ' ,,I,,A �� -4- The roof drainage systems shall be tied, in accordance with the approved plans and specifications, into the respective systems � of the MML Building and Mears Park Place, which systems shall � be of sufficient capacity to serve the bridge. Pursuant to the ,� approved plans and specifications, the bridge mechanical, elec- � trical and westerly roof drainage lines shall be connected to the in-place MML Building systems, such connection costs to be part of the bridge total construction cost. The easterly roof drainage lines shall be connected to the Mears Park Place systems at the sole expense of HRA. Said skyway bridge shall also include finishing at skyway bridge ends, a lighted grill ceiling, terrazzo floors, triple insulated glass to the extent glass is used to en- close said skyway bridge, and aluminum and glass doors at both ends of the bridge. 4. HRA will include a provision in its contract for the construction of the skyway bridge, without releasing or extinguishing HRA' s rights thereunder, whereby the contractor consents to the assignment of statutory, implied and express warranties to the owners of the buildings abutting the bridges. HRA shall assign such warranties to them upon approved contract completion, without relinquishing its own rights under such warranties , and, if necessary, HRA will cooperate in any prosecution of lawful and proper claims such owners may later assert against the contractor (s) or others or in the defense of any claims arising from faulty, improper or unworkmanlike design or construction of the skyway bridge or any of its components or improper or unworkmanlike � � t � � ♦ � -5- connections, integral parts or related equipment. HRA will use its best efforts to insure that the design and construction of `� the skyway bridge and pedestrian concourse shall be in accordance � .�,.. � with all applicable ordinances and state and local codes, and/or � � shall be approved as constructed according to such ordinances and � codes. CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES 5. MML is obligated to provide and be responsible for an elevator, emergency exits and pedestrian concourse areas at the first and second levels of the MML Building in accordance with a skyway agreement dated August 3, 1981. Public easements as provided therein shall be granted by Ni��iL so that such facilities will be available fro use by the general public. 6. Lowertown shall at its own expense, complete and continue to the extent agreed the pedestrian concourse area from that portion thereof now existing on its property, to the east end of the skyway bridge to be constructed under this agreement. 7. All other costs for the construction and completion of the pedestrian concourse areas within the MML Building and Mears Park Place, except as otherwise specifically provided for herein, shall be borne respectively by them. EASEMENTS AND HOURS 8 . Lowertown hereby agrees to grant to the City a public easement for the pedestrian skyway system through Mears Park Place in general accordance with the map marked Exhibit B and 7 , , � , . -6- attached hereto. Said easement to be granted by Lowertown shall be in the form attached hereto as Exhibit C. It is agreed by all parties that the skyway bridge herein and the new pedestrian concourse pro- � vided for in Mears Park Place shall be open for public ingress, � . =�" egress and transit as defined in Exhibit C from 6 : 00 a.m, to 10 :00 :� � p.m. , Monday through Friday; 6 :00 a.m. to 6 : 00 p.m. , Saturday; and � � � closed Sunday. Lowertown may prohibit ingress to the pedestrian con- course, through the street level access and stairway thereto indicated on Exhibit B, after 6 : 00 p.m. , anyday, so long as egress to the street is permitted during all hours when the concourse is open. These hours are subject to the general power of the City to prescribe system hours by ordinance. 9. The new public easement through Mears Park Place shall be in general accordance with the map marked Exhibit B herein and shall commence at the westerly property line of Mears Park Place where the skyway bridge over Jackson Street from MML intersects Mears Park Place air space and shall extend in an easterly direction up to and including the completed pedestrian concourse in Mears Park Place. 10. The public easement through the MML Building is required by and shall be in accordance with that certain skyway agreement dated August 3, 1981, to which NLML is a party. 11. The public easement nrovided for herein shall be continuously at least 12 feet in width, except at nodes, if any, where it may be larger; or where stairways or the structural design of the existing building or improvements is such that a width of 12 feet is impossible or infeasible. 12 . Said easement shall be legally described, at HRA expense, after survey of the completed pedestrian concourse public easement agreed area by a registered land surveyor. � � , , -7- � 13. Lowertown agrees that the pedestrian concourse within � the easement herein described and the adjacent access areas shall � be considered public easements and that all ordinances of the :r � City applicable to the System shall govern. � �2 14. 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 Mears Park Place or MML Building by condemnation or under the threat of condemnation. Said waiver does not apply to the skyway bridge or to the T column support or pier. 15. It is agreed by and between the parties hereto that the skyway bridge and T column support 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 City and the public generally. OPER.ATION, MAINTENANCE AND REPAIR 16 . Lowertown and MML agree to maintain, repair and operate the electrical, drainage and HVAC facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge in repair and in safe condition for the pedestrian travel specified herein, reasonably clean and free of litter and debris . 9 , , ' . , � �j-6. ... . _ �� P 1�1� . , � _g_ 17. Lowertown and MML further agree to provide the necessary � repair, operation and maintenance of the skyway bridge and its =� inteqral parts, including the T column support or pier, at their :I� . �'� sole expense, 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 main- tenance; repainting; light bulb replacement and light fixture cleaning. HRA and City shall be furnished both preliminary and final plans and specifications for all additions, alterations or repairs and replacements (or in the case of minor repairs and re- placements, a reasonably detailed description thereof) to the skyway bridge or support structures , which plans and specifications shall be subject to City' s and HRA' s reasonable and timely approval or disapproval before commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specific- ations to approve or disapprove within 30 days of receipt shall be conclusively d�emed approval. 18. Lowertown and MML shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and resPonsibilities for said skyway bridge, its integral parts and related equipment. 19. MML has agreed in that certain skyway agreement dated August 3, 1981, to provide all repairs and maintenance to maintain the pedestrian concourse within the MML property to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse. Lowertown hereby agrees to provide �� . � -9- all repairs and maintenance and to maintain the pedestrian concourse � within the Lowertown property to a reasonable standard of safety � � and cleanliness and to provide operating costs for said pedestrian �' concourse. HRA and City shall be furnished with both preliminary � � � and final plans and specifications for all additions, alterations or repairs and replacements (or in the case of minor repairs and renlacements, a reasonably detailed description thereof) to the pedestrian concourse, which plans and specifications shall be subject to City' s and HRA' s reasonable and timely approval or disapproval before commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specific- ations to approve or disapprove within 30 days of receipt shall be conclusively deemed approval . 20. If MML and/or Lowertown fails to adequately maintain, repair and operate the said skyway bridge to a reasonable standard of safety, or shall fail to undertake reasonable maintenance, oper- ation or repair of the pedestrian concourse areas through their respective properties within 30 days after receipt by the affected party or parties of written demand from the City, the City may undertake said reasonable and necessary maintenance, repair and operating tasks, and the costs incurred by City for said mainten- ance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner (s) or their sureties as applicable; provided, however, that the City retains the right to assess such costs against the party (ies) as a local improvement in the manner provided by law. �/ -io- � 21. The skyway bridge and pedestrian concourses which are =� the subject of this Agreement shall not be operated for the � � purpose of advertising the name of any product or business or � � any other commercial purposes other than for or on store fronts in the pedestrian concourse, such store front signage shall not project out from the wall into the easement area except as subject to the reasonable approval of HRA and/or City before installation. Nothing herein contained shall prevent the in- stallation and maintenance of skyway directional sign (s) . Al1 signage, other than that permitted hereinabove related to store- fronts, shall be subject to review and approval by the City prior to sign construction and installation. , SURETY BONDS AND INSURANCE 22. Lowertown and I�lML shall together furnish and maintain a surety bond in the amount of $100, 000.00 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee, conditioned that said property owners shall indemnify and hold harmless the City in accordance with said Ordinance against all expenses and liability on account of all costs, suits and judg- ments arising out of or connected with the maintenance, opera- tion and repair and/or removal of the skyway bridge, its integral parts and related equipment, and further conditioned unon the property owners complying with all terms and conditions expressed and contained in this Agreement as to maintenance, operation and �01 -11- repair and/or removal of the skyway bridge, which surety bond shall ;� be in such form as shall be reasonably approved by the City � :�" Attorney and shall have such surety as shall be reasonably approved �� ,,,� by the Director of the Department of Finance and Management Services � for the City. The HRA shall procure from the general contractor and provide to the parties, documentation evidencing that the general contractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph 1 herein naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4 . , General Conditions, and Section 6 . , Special Conditions, of the construction contract for the skyway bridge. 23 . Insurance required by paragraph 28 hereunder for hazard and liability for the skyway bridge shall be a maintenance cost to be assumed by Lowertown and MML and shall be shared in accordance with the separate agreement for the sharing of oper- ating, maintenance and renair costs that Lowertown and MML shall enter into as provided herein. 24. Insurance required hereunder for hazard and liability for the areas designated as easements shall be a maintenance cost to be assumed by Lowertown for the pedestrian concourse located within its building. /,3 -12- 25 . Lowertown and MML shall furnish and maintain public � liability and casualty insurance coverage for the skyway bridge; � and Lowertown shall furnish liability insurance for the portion , . � of the pedestrian concourse within its property, with a duly +� � licensed insurance company, wherein the City and HRA shall be designated as additional insureds , said insurance containing the following minimum coverages: for property damage to the extent of $200, 000 .00 in any single accident; for personal injuries, including death, $500, 000 .00 for each occurrence. Such minimum amounts shall be subject, upon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul, in the event statutory municipal liabi�ity limits are altered by legislation or judicial decision at any time after the date hereof. The casualty insurance shall •have an all-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as reasonably determined by the City from time to time. DIRECTIONAL SIGNS � 26 . The location of directional signs or other signs that may be installed in the pedestrian concourse in Mears Park Place, shall be as shown on Exhibit B, or as subsequently agreed upon by HRA and Lowertown. HRA shall pay the initial cost of such directional signs. The cost of installing the directional signs and their integral parts, including supports, electrical connec- tions and mounting hardware, and the cost of operating, maintaining and repairing the directional signs in Mears Park Place shall be borne by Lowertown. If the location of the pedestrian concourse /� -13- � � � � public easement in Mears Park Place is changed, the said signs � shall be removed accordingly, and the cost of moving and re- � installing signs to a new easement area shall be borne by Lower- town. If the said sign moving requires a change in the sign face, this shall be done at Lowertown's expense and consistent with the graphic design system established for System signs. Directional signs and graphics shall be of the same design, configuration and color as those in the existing skyway concourses. BINDING OBLIGATIONS 27 . This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16686 as adopted by the Council of the City of Saint Paul, and all its terms and conditions are incorporated hereby by reference. All parties hereto, other than HRA and City, are considered to be permittee 's successors under the terms of said Ordinance, except with respect to the obligations of the permitees for initial construction of said bridge under sections 2 (a) , 2 (b) , 2 (c) , 2 (d) , 2 (e) , 2 (g) , 2 (h) , 2 (i) , 2 (j ) , 2 (1) , 2 (m) , 2 (n) , 2 (o) and 2 (q) of said Ordinance. 28 . The parties agree that in the construction, maintenance, repair and operation of the pedestrian concourse, they shall be bound by all City codes and ordinances governing the System in- sofar as applicable. 29 . The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties , their successors and assigns, JS ' � ��r�� -14- and shall continue in force until such time as said System, or � the skyway bridge or that of the pedestrian concourse herein con- .-��, cerned _is vacated or abandoned in the manner permitted by law, � or terminated in accordance with the Grant of Easement. �°'"� �2 30 . It is understood that this Agreement does not govern the relationships and agreements by and among Lowertown and MML, themselves to each other, other than the requirements of paragraph 18 above. 31. This Agreement shall survive conveyance and delivery of the Grant of Easement provided for herein, and shall not be con- sidered merged therein. 32 . The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and trans- ferring their abutting and/or encumbered or involved real estate herein and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual (s) , partner- ships, or other forms of venture. In the event of transfer of any property owner' s interest in the property, the owner (seller) shall be freed and relieved, from and after the date of such transfer, or all liability as respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be performed; provided that owner' s successor fully and without limitation assumes in writing all duties , responsibilities and covenants of the owner (seller) under this Agreement. For the purposes of this paragraph, "owner" l� � . � � � � � ' �'��.�.�"� -15- � � shall include, but not be limited to, lessors, lessees, sublessors � and sublessees, and shall include Lowertown and MML. � C�' 33. Seven (7) days after the issuance of the written Notice of Final Inspection by the City, and its furnishing to Lowertown and MML, the obligations and duties contained in paragraphs 16, 17, 20, 21, 22 and 25, herein above, as to said skyway bridge, shall become operative. 34. Seven (7) days after substantial completion of the Lowertown pedestrian concourse, the obligations and duties contained in paragraphs 8, 19, 20, 21 and 25, herein above, as to said pedes- trian concourse, shall become operative. 35. Any notice to the parties hereunder shall be considered sufficiently delivered if mailed, by certified mail, return receipt requested, postage prepaid, as follows : a) To: City of Saint Paul Donald Nygaard, Director Department of Public Works 6th Floor, City Hall Annex 25 West Fourth Street St. Paul, P�iinnesota 55102 and Downtown Operations HRA/City of Saint Paul, Minnesota 12th Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 and City of Saint Paul Peter G. Hames, Director Department of Finance and Management Services Room 234, City Ha3.1 St. Paul, Minnesota 55102 /7 , . . � � � � � ��`�� -16- � � b) To: MML �� .� Ray M. Antrim, MAI ;� Second Vice President � 400 North Robert Street �ij St. Paul, Minnesota 55101 and Steven P. Nystedt Manager of Facilities 400 North Robert Street St. Paul, Minnesota 55101 c) To: Lowertown Saint Paul Company Dan McCarty Gary Bailey Carley Capital Group Bailey Enterprises, Inc. 315 W. Gorham Street 2233 University Avenue Madison, Wisconsin 53703 St. Paul, Mn. 55114 A party may, by written notice, designate a different address to which notices to it shall be directed. SUPERCEDURE CLAUSE 36. Nothing contained in this Agreement shall be construed to amend, alter or modify in any way, any of the provisions or obligations contained in or imposed by the General Policy Statement-Pedestrian Concourse System, Downtown Urban Renewal � Project, Minn. R-20, (as Revised August, 1972) , which is incorpor- ated in the various Contracts for Sale of Land For Redevelopment as to which HRA, Lowertown and MML are parties, except insofar as this Agreement is in direct conflict and inconsistent with said General Policy Statement, in which case this Agreement shall supersede and be controlling. �8 -17- � � :� � � � � C� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By �� Its . ., , By Its APPROVED AS TO FORM CITY OF SAINT PA r 1 �` _ . B �, � �-6 712 __�_ ayor By Its i ecto , De tment of Planning an E onom c De elopment B �� Y Its Director, Department of Finan e and Management Services By Its City Clerk /9 . , , � .. �� . . , . - ,�'�� -18- �STATE OF MINNESOTA ) ;� ) S S . ,� COUNTY OF RAMSEY ) :.(y ;y On this � day of , 198�, before me, a C�2 Notary Public within and for said County, appeared and � ` � �.,�-��- , to me pers nally known, who, being each by me du�y sworn, did say that they are respectively the and of the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a DSinnesota public body corporate and politic, that said instrument was signed by authority of its Board of Commissioners and said � and ,� Gt��L.l� acknowledged said instrument was the free act and deed of said corporation. • /'Di • 4�� as�saor..-+se99^ �,;�� ,r.,t..��: e �->, LOI..'r`� ��. �'�'�'A-�i1° �il � . � �. ,�, � _ �:>��SUOiARtF _'_,c .']rN�i�t"..-�?,.i�� F",Y COMM[S9i0i:E"r".=!;�^-.:; F�7.25. 5�:3�4�� .e-a ....��'�s�+.r��.n��t,<.� �a , , . � • ' -19- �r��,�� [ � STATE OF MINNESOTA ) � ) SS. � COUNTY OF I2AMSEY ) :� �� f The foregoing instrument was acknowledge�i befare me this �_ � day of , 198� by GEORGE LATIMER, Mayor of the CITY � � OF SAINT PAUL, a munic al corporation of the State of Minnesota, �j on behalf of the City of Saint Paul. . �,� LEEANN TURCHIN > � NOTARY PUBLIC—►�IN"d?�<?��-::. ? �--'—��2�4 RAM$EY COUN r'/ ' My Comm.Expwes June 1 i, 1987 � Y � STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) = �� / The oregoing instrument was acknowledged before me this �� — d of , 1981 , by JAMES BELLUS, Director of Planning and con ic Develop ent for the CITY OF SAINT PAUL, a municipal corpora ' on of the ate of Minnesota, on behalf of the City of Saint P ul. �� (.. ,�� . . � JACQUELYN hA. HICKS ��" '�:.� NOi,?F:'Y PUDLIC—R�iRVhESOTA ��rt14' fZr��e;��Y CQUF2TY ''�,.:::... ��'y C;:��;�3. E;:;��res.}u!y 5, 19g4 STATE OF MINNESOTA ) ) S S . x vwwvw�v�,rws�vwvww�.nnNwvvw r COUNTY OF RAMSEY ) The f egoing instrument was acknowledged before me this I�"�. day of _ __, 1981„ by � Peter G. Hames, Director of the llepa tment o F nance and Manaa�ement Scr��ices for the CIT? OF SAINT PAUL, a municipal corporation of the State of Minnesota , on behalf of the City of Saint Paul. . . JEANNE M.ANDERT � (1 (� � �� NOTARY PUBUC—MINNESOTA C��y�y�� `,�L�YLCS�� RAMSEY COUNTY My Comm.Expires Aprii 30,1987 Y * STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � day of , 198� by ALBERT B. OLSON, City Clerk for the CITY OF AINT PA , a municipal corpora �on of the State of Minnesota, on behal of the ity of Saint Paul. C■n,�nnnnnnne�nnnnnn.�,�,n,vv�nnnnnnnnnnn.�e Q ° �� c. J��G�?.t� �'i!..�r F...l� � t ��; '� i'�C)TAr�� `rG..?a_.�, ."r:,.".?�c:vTiv � � � . �t� FZDIhJCY(.d�lyTV I `,/ . � � 1. �Y Cocnm.Expires April 12, 1998 � v x ,,IW r �` / . ' � 7� � � � � Skyway Agreement; MML/Lowertown 1/13/82 -20- THE MINNESOTA MUTUAL LIFE INSURANCE COMPANY � � By - ` .._ �� ;,r Its RAY M. ANTRIM. SECOND VICE PRESIDENT �� `� _ By - Its � A. SANDQ ST, ASSiSTATdT SEC��ARY STATE OF MINNESOTA � ) SS. COUNTY OF Rl�1MSEY ) On this 19th day of Jan�Yy , 1982 , before me, a Notary Public within and for said County, appeared Ray M. Antrim cirid R.A. Sandquist , to me personally known, who, being each by me duly sworn, did say that they are respectively the Second Vice President and �THE Assistant Secretarv Of MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota corporation, that said instrument was signed by authority of its Board of ��i�1s, and said izay M. Antrim arid R.A. Sandquist � acknowledged said instrument was the free act and deed of said corporation. �: s�,,�y��.,.��».... � EVE O'GARY ° +� �� N07ARYPUBLIC-MINNESOTA °" '��,�� RAMSEY COUNTY � `�..: �...:• My Comm(sabn Expires Fa41. 1964 • �� -21- � � =�' LOWERTOWN SAINT PAUL COMPANY � � By Ca ley Capital Grou General Partner �"i � By � ts / � ;' ; By - L. Davi arley, General rtner By ames . Carle ,� ral P rtner STATE OF WI'SGOhSi�L. ) ) SS. COUNTY OF �Gtl�°�-- ) On this � day of ��v�°rn10�1' , 1981, before me, a Notary Public within and for said County, appeared L. DAVID CARLEY and JAMES E. CARLEY, to me personally known, who, being each by me duly sworn, did say that they are general partners of LOWERTOWN;,( SAINT PAUL COMPANY, a 1�4innesota limited partnership, and,.,�:.��`;�I�sa�,.'c�. instrument was signed on behalf of said partnership. ' , ;•` •� '�� - � �'� � �� <_� ,,� _ - _`� � " ,' ��,��--� � 3 � . STATE OF WiS�DV�St�j ) ) SS. COUNTY OF cDA►Yl� ) On this f�_ day of '}��d�yy►�GG' , 1981, before me, a • Notary Public within and for sai County, ppeared 5 �. , the �-��_��`�N�I' o f Ca ley Capital Group, a Wisconsin partnership, to me personally known, who, , ,,,,,,.,�,, being by me duly sworn, did say that Carley Capital Grou�,;��:-�a ,, general partner of LOWERTOWN SAINT PAUL COMPANY, and tha�� 'tie • fox•,�- going instrument was signed on behalf of Carley Capita3:��Grc�-up. � `� _, - _. . ��' n�� _ _ ` ' 1-j�� . � f � � , , ^��>; > ..:. � ,. � � ��_'",��A`„�E�, (.; � •�-�� c� �� 5�� z• - 1'�� uL �o��, ��E�i��c3 �•��•''� File N0. ewe _ M•.oA ' C01t�ZCZ r: • Ox��artc�- . ;��,� , � r� � Presented I3�� - Referred To mittee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE � HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, � MINNESOTA, A MINNESOTA CORPORATION, AND ITS SUCCESSORS OR ASSlGNS, ��' PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE THE FOLLOWING OVER- `� HEAD PEDESTRIAN PASSAGEWAYS OVER PUBLIC STREETS WITNIN THE CORPORATE � LIMITS OF THE CITY OF SAINT PAUL; AND � � 1) ACROSS JACKSON STREET BETWEEN THE INTERSECTION THERE- WITH OF EAST SEVENTH PLACE AND EAST SIXTH STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE WEST SiDE � OF JACKSON STREET TO THE MEARS PARK APARTMENT BUILDING ON THE EAST SIDE OF JACKSON STREET. 2) ACROSS ROBERT STREET BETWEEN THE INTERSECTION THEREWITH OF EAST SEVENTH PLACE AND EAST S(XTH STREET, SA1D OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM TWIN C1TY FEDE RAL (TCF) ON THE WEST SIDE OF ROBERT STREET TO THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE EAST SIDE OF ROBERT STREET. THE COUNCfL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permission and authority hereby are granted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota corporation and/or its successors in interest to construct, maintain and operate the following overhead pedest�ian passageways over public streets within the corporate limits of the City of Saint Paul ; and COUNC'IL'11EN Requested by Department of: � Yeas Na}�s . • [n Favor _ A gainst BY � �, Form Approved�by,Ci�ttor�c�y ' Adupted h�• Council: Date f �/ ��j/ '�7 Certifird Passed by Council Secretary �Y k �/ , ; /� � ' ; / . � Bi '� i � r I AE�pru�•ed b� �1a�•or. Date Ap�oy d bX May.or fqc ubmission to Council � � ^. � - �� i}^ �/ •; ,��t-; _ �� E3� --- -- - ,��Xtf/f�/'T ��/`� �� +�i �t . . �� :; • . . • � � ' ' '2 • � �� 1) across Jackson Street between the intersection therewith of East Seventh Place and East Sixth Street , said overhead pedestrian passageway to be extended from �the Minnesota Mutual Life (MML) Building on the west side of Jackson Street to the Mears Park Apartment Building on the east side of Jackson Street. 2) across Robert Street between the intersection therewith of East Seventh Place and East Sixth Street , said overhead pedestrian � passageway to be extended from Twin City Federal (TCF) on the � - west side of Robert Street to the Minnesota Mutual Life (MML) ;,� Building on the east side of Robert Street. � � � Section 2. � � That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction, maintenance, and oper- ation of said overhead pedestrian passageways according to the plans �nd speci;ications approved by the Department of Public Works and at the sep- arate cost and expense of said permittee, 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 regula- � tions of public authority having cognizance, construct , maintain and operate said overhead pedestrian passage- � way hereunder; b. That said permittee shall pay the costs for the publi- cation of this Ordinance; c. That said permittee shall pay the costs of administra- � tion, engineering and inspection incurred by the Depart- ment of Public Works due to this undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,000.00) for each overhead pedestrian passageway noted above and shall be accounted for under a separate Department of Publ ic Works project number(�s) ; d. That said permittee shall furnis.h the Department of Public Works all documents of record for each over- • head pedestrian passageway that a�e a part of the . contract or incidental to its execution including, but not limited to� addendums, award of contract, contract amount , "as built" ptans, traci�gs and trac- ings of shop plans ; o1s � , . � '�%Y`�� ! �`w l�l JI�l . . � � • . • ` _3_ ,- . . �, ��3�i� e. That said permittee shall construct each overhead pedestrian passageway to the satisfaction of the Director of the Department of Public Works in accordance with approved plans and specifications � of the Housing and Redevelopment Authority of the � City of Saint Paul , Minnesota, said plans and speci- ,� fications on file in the Department of Public Works. =� Such construction shall be made in strict compliance � with the American Association of State Nighway and � Transportation Officials (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a building permit issued by the � Department of Community Services, Division of Hous- ing and Building Code Enforcement; f. That said permittee and/or its successors in inter- est shall fully indemnify, hold harmless and defend the City of Saint Paul � its agents, officers and em- ' ployees from any and all damages, claims, losses, judgments, suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with the construction , erection, mai�tenance, operation and/ or removal of each overhead pedestrian passageway hereunder; and that supplemental to all other obli- gations on their part, jointly and/or severally, hereunder, said permittee and/br its successo�s in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casualty In- surance Coverage with a duly licensed Casualty In- surance Company to the extent of $500,000.00 for injury to any pe�rson and/or persons in any single incident and to the extent of $200,000.00 for damage to property in any single accident , insuring the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or property arising from or connected with the construction, erection, maintenance, operation and/ or removal of each structure hereunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City. of Saint Paul ; that such minimums shall be subject to increase by action � of the City Council in the event statutory municipal liability limits are altered in any way hereafter; o�� . . . �►� r�i.� - rr . � . . � • r j,.�_. � � , - 4 - �� _� � � ', � g. That said permittee shall not proceed with constructlon unless and unt11 said permi ttee shall have fully compl ied with the provisions �egarding insurance and indemnifica- tton contained in the City of Saint Paul , Department of Pubitc Works "Standard Supptemental Specifications For Highway Construction" dated July 10, 1979, Section No. � 1305.2. For the purpose of this Ordinance the aforesaid � . Section of said Specificat�ons shall be read as though �`+ the word "permi ttee" was substi tuted for the word !'con- � tractor" wherever the same appea�s therein. Section � - 1305.2 of the Department of Pubiic Idorks , City of Saint � Paul , "Standard Supptemental Specifications For Higtn�ay � Construction" dated July 10, 1979 is hereby incorporated herein by reference as fully and as comptetely as if set forth herein verbatim; h. That said permittee andbr its successors in interest, shal�l among other things , at their own cost and expense maKe adequate and effective provisions therefor and drain all moisture , rain, and snow which shall accumu- late thereon by proper devices through each overhead pedestrian passageway and in a manner so that the ftow- ing and/or spllling of same on any part of Robert or Jack- son Streets shall be prevented at all times. Said permit- tee and/or its successors in interest shall maintain and � operate each overhead pedestrian passageway at its sole cost and expense in a safe condition for pedestrian tra- vel . Such maintenance to include, but shall not be lim- _ ited to, glass , floor , metal trim and hardware cleaning, polishing and replacement ; roof maintenance; repainting; light bulb replacement and light fixture cteaning ; and the supply of heated and cooled air within said bridge to maintain temperatures comparabie to that normally maintained within heated and air-conditioned office spaces , except as may be altered by energy conservation guidelines ; i . That said permittee and/or i�s successors in interest � shall , at a11 times , construct and maintain all the sup- ports of each overhead pedestrian passageway entirely within the lines of the subject private real estate and entirely without public street rights-of-way, except that on the east side of Jackson Street� , adjacent the Mears Park Apartment Building, a single column pier support may extend a maximum of one (1) foot into the street right-of- way; J. That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or mainten- ance of each overhead pedestrian passageway shall make nec- essary the closing of Robert and Jackson Streets or any part thereof. A1l expenses incurred by the Traffic Bureau in furnishing , installing or removing barricades , signs and other control devices shall be paid by the permittee ; d � , -- .._. �; . .� ' , • _5 . � ��=�'�� k. That said permittee and/or its successors in interest shall not use any part of either overhead pedestrian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paul ;� and the application thereto of any advertising mater- � ia) or display shall be deemed p rohibited by this a�. Ordinance. � � l . That said permittee and/or its successors in interest . � shall , at all pertinent times, in the construction, maintenance and operation of each overhead pedestrian passageway hereunder, provide a minimum vertical clear- � ance of at least 17 feet 4 inches between and through- out the course of the bottom of each structure and the surface of said Robert/Jackson Streets except as may be altered by the City's future street work in each case; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Code as amended pertaining to street obstruction; n. That said permittee and/or its successors in interest . shall complete the construction and erection of each overhead pedestrian passageway by not later than one (1) year after commencement of construction. Said cbmmencement shall be evidenced by Public Works' �e- ceipt of a written notification thereof, and shall be dated therein, as further provided for under paragraph - (o) below; o. That said permittee shall notify the City Bridge Engineer of the Department of Public Works before and when con- struction starts and notify the same said Bridge Engineer when construction has been completed to allow for a final inspection of each overhead pedestrian passageway; p. That said overhead pedestrian passageway shall be removed by and at the sote cost and expense of said permittee and/or its successors in int8rest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accord- ingly order the removal of either structure from said � location; � � q. That said permittee shall , within a period of twenty (20) days after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to be bound by al�l the provisions, terms and conditions thereof without limitation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; d8 , -- L•-i�) • • . ' � ; ' , . -6_ . .• . • �� r. That upon the execution of an agreement by and between the City of Saint Paul , the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota and the applicabie building/property owners respecting the afore- said pedestrian passageways the permittee� the Housing and Redevetopment Authority of the City of Saint Paul , Minnesota shall be relieved of any further obligation . under the terms of this Ordinance, and the successors � in interest of the permittee, the applicable building/ � property owners shall assume such obiigations including :y,.. � responsibility for paying insurance premiums of said ;;;� overhead pedestrian passageway connecting their build- "G''� ings and responsibility for providing the maintenance, � � repair and ope�ation of the same; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to its successors in interest , said permit- tee's successors in interest shall furnish and deliver � unto the City of Saint Paul a Surety Bond in the amount of One Hundred Thousand Dollars ($100,000.00) for each overhead pedestrian passageway (bridge) , made and exe- cuted by said permittee's successors in interest as , Principal and a Corporate Surety Company duly author- ized to transact business in the State of Minnesota as surety to and in favor of the City of Saint Paut as obligee, conditioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance and also conditioned that, in the event the permittee's successors in interest fail to maintain, operate or repair each overhead pedestrian passageway to a reasonable standard of safety, or fail to remove either overhead pedestrian passageway upon order by the Council , the City of Saint Paul may undertake the main- tenance, operation, repair or removat thereof and may recover its reasonable cost incurred thereby from said Surety� which Surety Bond shall remain in full force and effect as long as each overhead pedestrian passage- way or any part thereof remains in that portion of public right-of-way as shown on the plans on file with the De- � partment of Public Works. The 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 Finance and t4anagement Services; � . o� � pINK - F�NqNCE • \ COUnCI� `G'Y�� C4NC.�� -,JEf°1RTMEN� (� I1'Y OF �A"I :`'T• I�AUL Fi1e N0. '�"� �u`-��'j . BluE - MArOR � � � � � � � Co u n ci l _ o�� ' ��t��,c�^ ,� ��% ';� Presented By Referred To Committee: Date Out of Committee By Date t. That said permittee and/or tts successo�s in interest shall submit proposed plans and specifications to the � " Department 'of Public Works for review and approval of � any intended structural repairs or majo� maintenance �'�• work on each bridge, before any such work is carried '� out. Upon completion of such structural repairs approved 'C''� by the Department of Public Works, permanent rep�oducibte � tracings shalt be furnished the Department showing the � work done and marked with any "as built" changes as well as reproducible shop drawing tracings of the same; u. �That the successors in interest to the permittee in each instance shall submit the necessary insurance documents to the Office Engineer of the Department of Pu blic Works. The Office Engineer in turn shall submit said documents to the City Attorney of the City of Saint Paul for re- , view and, if said insurance is sufficient , said docu- ments shall be filed with the Director of Finance and Management Services of the City of Saint Paul ; Section 3. � ,That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCIL5IEN Requested by Department of: Yeas �unt Nays � � • Levine In Favor Publ ic Works -�Aa�+deic� . ��/�' Mcnnanon � Against BY �� Snowa�ter fiedesco . Donal�d E. Nyga - Di rector Wl:son f111G '7 1980 Form Approved b�Gity ttorne � TJE/�dl l Adopted b�- Council: Date --� i � � ' �. Ccrlifird N:�tiscd b�• Coun�l S� �rtar3•, By � $ . � ► � A.w�,� �.��^—�- � �L-1'�t'� . /' / , t✓ . � i a i�� `� " � 1980 A ved by Mayor fbr �ubmission to Council Appro� y . �•or: Date �� -�''��-..:_ �- . ,i ./ Bl -— -- AUG 1 6 1°a0 6 � r� �„t_?�Ii�;i�_ � � w � ::}, ,. �� :� ' .. . � - � •�}: � ,� � � . � �,��: Jackson Stre�et� . ��: . - . ::�-,.: ....� . � ,:��; � � . K � ''~�'.:�. . � , ;::ti�. . 3' `::ti�, � � . � � � � . ,'�D ' I . 'D - >::>�::::::::::::>:::: � r, , . rt . . , ( - l. I . � � � . , • � ' � � � , ; -` • >�:::�::;.:::: r . , t::;:;:;;.: , �::::::;:�: ; �r _ ; . . �:::<::�:�:: � � � .. m � � �`�`��;:`•�'' A , � t::'»�:�: � � G;::>i::�:: . �::.;.:�::. 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', Jack n ��r � � ` . . , . so e� J , , � , �, � i � � _. , , �C i � s'; ! � � - :`� , , . . �; �; �, �� I � � � �; _ r� �p � - .f � . , , � . �: i�; � � ;(', i � � � � , , � , � � m � a� �� I � `�� I �` n� �; � �i �--- -- - -� � �� rI � � ! D, 1 � C')j ��0� } m, . ' f I + �� ` � � i � _ ;. , - , ; i;�.f-,�—,, � ■ `�- - —�— — — -�- - - - t- - - � -- --- .. . � ,�,i�+'' � - ... '� : _ i ��'��'� � � � ! - � ' . i � ' � ; I ; � � ; .- -----� . , .;::;�:i tn rn '�`i � ' 1 .::';'� _ , ; �, ��,`. � � `i� c� r.-� ' � --t � ( sv cn o0 ;';; cn rr �-+ . ; ; � � r- --► '' �----- cD cD - — � < ao - —.w.=�_ . .�- �* � _ ' � . ; ; S�b��y S�re�t , �� i . V • � ' � �� . . � ',� G � GRANT OF EASEMENT WHEREAS, LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, and its general partners, CARLEY CAPITAL GROUP, a Wisconsin partnership, JAMES E. CARLEY, and L. DAVID CARLEY, hereinafter collectively called "Grantor" , is the owner in fee � of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called "Grantor' s Property" ; and WHEREAS, Grantor has agreed pursuant to that Skyway Agree- ment dated , 1981, by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, The Minnesota Mutual Life Insurance Company, and the Grantor herein, to grant to the City of Saint Paul a public easement for a second floor level pedestrian way, with vertical access and connecting ground level easement, also described as the Skyway Bridge and Pedestrian Concourse System. NOW, THEREFORE, in pursuance of that Agreement, and in con- sideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby '� acknowledged, Grantor, for itself and its successors and assigns, � does hereby grant unto the CITY OF SAINT PAUL, a Minnesota =�"' municipal corporation, an easement for the Skyway Bridge and '� Pedestrian Concourse System for the use and benefit of the � public as a public way and for public ingress and egress and � .��' for pedestrian transit in and through only that part of the Grantor' s Property and the structures thereon, described as follows: together with an easement for public ingress to, egress from and . transit to and from said System by way of vertical access from Street to the pedestrian concourse, described as follows : and also together with an easement for public access on the ground floor level from the foot of the above described vertical access facilities to public sidewalks , described as follows : �j� EXHIBIT C . � , . , • ` -2- • and also together with an easement permitting placement on Grantor' s groperty of the single T column support or pier supporting the skyway bridge concerned in said Skyway Agreement, described as follows: all of which above described areas shall be collectively referred to� '.� as the "easement" . � =� Public use of the easement area is expre�sly herein made subject � to such reasonable police measures regarding open hours and closing T,,,� any part or all of the easement during non-business hours and regarding ,r;� public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public' s right herein to ingress and egress and pedestrian transit in and through the easement granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement within or in Grantor' s Property as the City of Saint Paul may, by agreement with Grantor or its successors or assigns , from time to time, determine. This provision shall not diminish the City' s right to, from time to time, exercise its police powers unilaterally, con- cerning hours open for public use, or temporarily closing part (s) or all of the easement to the public, or concerning public conduct with- in the System, nor shall such agreed or legislated hours in any manner restrict City' s easement interest, as defined herein, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the easement. Grantor may prohibit ingress to the pedestrian concourse through the street level access and stairway indicated on Exhibit B to the Skyway Agreement aforementioned after 6 : 00 p.m. anyday so long as egress to the street is permitted during all hours the concourse is open for public use. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the easement location shall be made without the approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Saint Paul, such approval not be unreasonably withheld, and, on the further condition that said new easement shall be surveyed and described by a registered land surveyor at the expense of the Grantor. Notwithstanding anything to the contrary herein, the easement given shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events : �� - . . . . . � �r�`��"� -3- �, A. In the event the easement granted herein is � vacated, abandoned or discontinued in the � manner required by law. � B. In the event the building (s) , in, upon or G',D .� - over which the easement is located shall �''$ be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that in the event such building (s) be recon- structed or replaced, Grantor, its success- ors and assigns agree that, without further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be giveri. In the event the easement or any portion thereof is relocated, vacated or termin- ated under the provisions hereof, City shall furnish a release of such easement or portion thereof, to Grantor, its success- ors or assigns. Grantor, for itself, its successors and assigns, does hereby agree that for and during the life of said easement, Grantor, or its designee by separate agreement, shall be responsible for and/or provide for the cost of all repairs, improvements and replacements of the public way or Skyway Bridge and Pedestrian Concourse System as it passes through, on or over the lands as described herein, it being understood that the aforesaid covenant shall run with the land. Grantor reserves unto itself, its successors and assigns, the unconditional right and privilege of selling, conveying _ and transferring the Property described above or any interest therein. In the event of transfer of the Grantor' s interest � in the property, the Grantor (seller) transferor shall be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or ob- ligations on the part of Grantor (seller) contained in the Agreement which are thereafter to be performed; provided that the transferee fully and without limitation assumes in writing all duties, responsibilities and covenants of the Grantor hereunder. TO HAVE AND TO HOLD, said easement for a public way or Skyway Bridge and Pedestrian Concourse System, together with all rights of ingress and egress appertaining thereto until the System is vacated or abandoned in the manner required by law, or terminated in accordance herewith. �� . � � - • , -4- IN WITNESS WHEREOF, Grantor has hereunto set its hand this � day of , 19 :�.. � � LOWERTOWN SAINT PAUL COMPANY �"'� � By Carley Capital Group, General Partner By Its By L. David Carley, General Partner BY Jaanes E. Carley, General Partner .�6 ' `�' J _ �.- �. � ,. . v - -5- :t"� � STATE OF ) � ) SS. � COUNTY OF ) r� � On this day of , 19 , before me, a Notary Publi within and for said County, appeared L. DAVID CARLEY and JAMES E. CARLEY, to me personally known, who, being each by me duly sworn, did say that they are general partners of LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, that said instrument was signed by authority of its partners, and said L. DAVID CARLEY and JAMES E. CARLEY acknowledged said instrument was the free act and deed of said partnership. STATE OF ) ) SS. COUNTY OF ) On this day of , 19 , before me, a Notary Public� w hin and for said County, appeared , the of Carley Capital Group, a Wisconsin partnership, to me personally known, who, being by me duly sworn, did say that Carley Capital Group is a general partner of LOWERTOWN SAINT PAUL COMPANY, and that the foregoing instrument was signed on behalf of Carley Capital Group. �7 w ;��'�,�� 345 Cedar Street ` � MiNNE�OT�1 St.Pau�,Minnesota 55101 MlJ1UAL LItE s12i2sa-ssoo December 10, 1981 � RECEIVED � Mr. ilark Senn � Program Administrator Q�� 1 � 1��1 ,�,. Department of Ping. & Econ. Dev. City of St. Paul � ��tY Ha�� eX, 14th F�. CITY ATTURNEY �°°'� 25 West Fourth Street `�� St. Paul, NII�t 55102 R�e: Skyway Easement .iML Center Dear Mark: Reference is made to the "General Policy Statement - Pedestrian Concourse System, Revised August 1972", our plan submissions to the City of St. Paul, and our discussions and review of these plans with various members of the City Staff. As discussed, three items in our design conflict with the General Policy Statement, but do not cause problems as reviewed by MML, our Architects, and the City. They are as follows: 1. Floor Covering - MML is using the same carpet throughout the skyway level, rather than a different carpet for the easement area only. The design is such that the skyway public space is easily identifiable, and should not pose a problem. 2. Light I��-el - The specified 50 f.c. light level is "pre-energy conserva:.ion," and although I do not know our exact light level, it has been laid out by our Architects/Engineers to be more than adequate for the MML Employees/Tenants/Public. 3. Ceiling/Lighting Treatment Differentiation - The same ceiling/ lighting treatment is used throughout tne MML Center, and does not change above the public easement corridor. This is due to the uniqueness of our central open court. All of these items should pose no problems to the "public" utilizing the skyways. Both MML and the Architects are of the opinion that . the M�'�L "public areas" are conducive to the skyway system and will attract customers for both MML and our neighbors. As discussed with Philip Byrne of the City Attorney's office, this letter will be made an attachment to our skyway easement agreement. � Thank you. Approved variance�—�c�the Skyway Pol i cy Stater�en.t'. ,` Sincerely, �'�Z�r.�� 4!%�/'"/,- - G.;�� Downtown Operations ..� January 6, 1982 Steven P. Nyste cc: Philip Byrne - City Attorney's Office Director of Facilities Paul Gooding - MML File IV - A SPN:jlb �� EXHIBIT "D" ' ♦ .V ''' :� O � "'� � � � d � • . 0o ro � a r . —. � � �� (.j h N N. -M � .., . � N .3 -w. fl� Q ""I m Qs� � �� : N �D � r,, C) � � � `fl fl- o � � � � �' O � Ng Q � s o � n� -� � c� -� � � C � � �, ..� .� � -Lim �' � � °°'' o � c 3 m z -� � N � �'J (,r ;p = � °. °- ° °' Q; � � O � � b � m ' � O rt � � n � � � n � • � ? � ^ u �"'�� ° • � � � � . ;� � 3 � � �- � � N ry � "v V� m Q ro v �. � � � � � N � � � Q � (� o ..« N c � � � � � � =� .-« 'O �o y f � tv � T� _. c ` MML/LOWERTOWN 10-26-81 �,��,� �� SKYWAY AGREEMENT THIS AGREEMENT is made and entered into this � � day of �/ , 198Z, by and between the HOUSING AND REDEVELOPMENT AUTHORIT 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 re- ferred to as the "City" ; the MINNESOTA MUTUAL LIFE INSURANCE COMPANY, an insurance corporation organized and existing under the laws of the State of Minnesota, hereinafter referred to as "MMiL" ; and LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, , hereinafter referred to as "Lowertown. " WITNESSETH: wHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. A-1-5, undertook to develop a pedestrian skyway system within the Downtown Central Business District and the Central Core Renewal Area, hereinafter referred to as the "System" ; and WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota 1973, is authorized to operate the System; and WHEREAS, MML is constructing upon "Block C" , that block bounded by Robert, Jackson and Sixth Streets, and East Seventh Place, an office building (hereinafter referred to as "MML Building" ) pursuant to a Contract for Sale of Land for Redevelopment dated August 31, 1979, as further amended July 21, 1981, which contract provides for certain undertakings with respect to the construction and ex- tension of the System; and � ��t.,�� f -2- WHEREAS, Lowertown is the_ owner of that portion of "Block 36" (that block bounded by Jackson, Sibley and Sixth Streets, and East Seventh Place) on which are located improvements named and hereinafter referred to as "Mears Park Place" , which are subject to certain agreements and covenants respecting the construction and extension of the System; and WHEREAS, an extension of the System over Jackson Street be- tween East Sixth Street and East Seventh Place from the MML Building on the west, to Mears Park Place on the east, has been approved by the Council of the City of Saint Paul on December 5, 1978 in Council File No. 272155, which Council File has been filed with the City Clerk of the City of Saint Paul; and WHEREAS, the extension of the System over Jackson Street necessitates under the terms of this Agreement, pedestrian ingress, egress and transit through certain portions of the MML Building and Mears Park Place; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over Jackson Street; and WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Jackson 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. 16686, Council File No. 275313, granted the HRA permission to construct and operate a skyway bridge across Jackson Street between East Sixth Street r� f'T`�i;.� �� -3- and East Seventh Place, which Ordinance is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS : BRIDGE CONSTRUCTION 1. The HRA agrees to design and construct a skyway bridge connecting the MML Building with Mears Park Place in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green, Abrahamson and reviewed by MML and Lowertown. HRA will also construct all mechanical, electrical and drainage systems , installations and connections as shown in the approved plans and specifications as part of the HRA construction contract. Lowertown is not obligated to contribute to the cost of design or construction of the bridge. 2. MML and Lowertown shall be responsible for and provide at their own cost all necessary support structures within their respective buildings for accommodation of the bridge; except that HRA shall design, construct and pay for a single "T" column support or pier with required footings on Mears Park Place Prop- erty which is not within the building structure, as shown by the approved plans and specifications . The design and construction cost of such support or pier shall be paid solely by HRA. 3. Said skyway bridge shall include the necessary mechan- ical and electrical equipment for heating, ventilating and air conditioning ("HVAC" ) , lighting and roof drainage. The mechanical and electrical systems of the MML Building, which MML Building systems shall be of sufficient capacity to serve the bridge. -4- �`��.��"� The roof drainage systems shall be tied, in accordance with the approved plans and specifications, into the respective systems of the MML Building and Mears Park Place, which systems shall be of sufficient capacity to serve the bridge. Pursuant to the approved plans and specifications , the bridge mechanical, elec- trical and westerly roof drainage lines shall be connected to the in-place MML Building systems, such connection costs to be part of the bridge total construction cost. The easterly roof drainage lines shall be connected to the Mears Park Place systems at the sole expense of HRA. Said skyway bridge shall also include finishing at skyway bridge ends, a lighted grill ceiling, terrazzo floars, triple insulated glass to the extent glass is used to en- close said skyway bridge, and aluminum and glass doors at both ends of the bridge. � 4 . HRA will include a provision in its contract for the construction of the skyway bridge, without releasing or extinguishing HRA' s rights thereunder, whereby the contractor consents to the assignment of statutory, implied and express warranties to the owners of the buildings abutting the bridges. HRA shall assign such warranties to them upon approved contract completion, without relinquishing its own rights under such warranties , and, if necessary, HRA will cooperate in any prosecution of lawful and proper claims such owners may later assert against the contractor(s) or others or in the defense of any claims arising from faulty, improper or unworkmanlike design or construction of the skyway bridge or any of its components or improper or unworkmanlike ��.�� -5- connections, integral parts or related equipment. HRA will use its best efforts to insure that the design and construction of the skyway bridge and pedestrian concourse shall be in accordance with all applicable ordinances and state and local codes , and/or shall be approved as constructed according to such ordinances and codes. CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES 5. MML is obligated to provide and be responsible for an elevator, emergency exits and pedestrian concourse areas at the first and second levels of the MML Building in accordance with a skyway agreement dated August 3, 1981. Public easements as provided therein shall be granted by M��IL so that such facilities will be available fro use by the general public. 6. Lowertown shall at its own expense, complete and continue to the extent agreed the pedestrian concourse area from that portion thereof now existing on its property, to the east end of the skyway bridge to be constructed under this agreement. 7. All other costs for the construction and completion of the pedestrian concourse areas within the MML Building and Mears Park Place, except as otherwise specifically provided for herein, shall be borne respectively by them. EASEMENTS AND HOURS 8 . Lowertown hereby agrees to grant to the City a public easement for the pedestrian skyway system through Mears Park Place in general accordance with the map marked Exhibit B and -6- attached hereto. Said easement to be granted by Lowertown shall be in the form attached hereto as Exhibit C. It is agreed by all parties that the skyway bridge herein and the new pedestrian concourse pro- vided for in Mears Park Place shall be open for public ingress, egress and transit as defined in Exhibit C from 6: 00 a.m. to 10 :00 p.m. , Monday through Friday; 6 :00 a.m. to 6 : 00 p.m. , Saturday; and closed Sunday. Lowertown may prohibit ingress to the pedestrian con- course, through the street level access and stairway thereto indicated on Exhibit B, after 6 :00 p.m. , anyday, so long as egress to the street is permitted during all hours when the concourse is open. These hours are subject to the general power of the City to prescribe system hours by ordinance. 9. The new public easement through Mears Park Place shall be in general accordance with the map marked Exhibit B herein and shall commence at the westerly property line of Mears Park Place where the skyway bridge over Jackson Street from MML intersects Mears Park Place air space and shall extend in an easterly direction up to and including the completed pedestrian concourse in Mears Park Place. 10. The public easement through the MML Building is required by and shall be in accordance with that certain skyway agreement dated August 3 , 1981, to which NLML is a party. 11 . The public easement provided for herein shall be continuously at least 12 feet in width, except at nodes, if any, where it may be larger; or where stairways or the structural design of the existing building or improvements is such that a width of 12 feet is impossible or infeasible. 12 . Said easement shall be legally described, at HRA expense, after survey of the completed pedestrian concourse public easement agreed area by a registered land surveyor. -�- � 13. Lowertown agrees that the pedestrian concourse within the easement herein described and the adjacent access areas shall be considered public easements and that all ordinances of the City applicable to the System shall govern. 14. 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 Mears Park Place or MML Building by condemnation or under the threat of condemnation. Said waiver does not apply to the skyway bridge or to the T column support or pier. 15. It is agreed by and between the parties hereto that the skyway bridge and T column support 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 City and the public generally. OPERATION, MAINTENANCE AND REPAIR 16 . Lowertown and MML agree to maintain, repair and operate the electrical, drainage and HVAC facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge in repair and in safe condition for the pedestrian travel specified herein, reasonably clean and free of litter and debris . -8- 17 . Lowertown and MML further agree to provide the necessary repair, operation and maintenance of the skyway bridge and its integral parts, including the T column support or pier, at their sole expense, 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 main- tenance; repainting; light bulb replacement and light fixture cleaning. HRA and City shall be furnished both preliminary and final plans and specifications for all additions, alterations or repairs and replacements (or in the case of minor repairs and re- placements , a reasonably detailed description thereof) to the skyway bridge or support structures, which plans and specifications shall be sunject to City' s and HRA' s reasonable and timely approval or disapproval before commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specific- ations to approve or disapprove within 30 days of receipt shall be conclusively deemed approval. 18 . Lowertown and MML shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and responsibilities for said skyway bridge, its integral parts and related equipment. 19 . MML has agreed in that certain skyway agreement dated August 3, 1981, to provide all repairs and maintenance to maintain the pedestrian concourse within the MML property to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse. Lowertown hereby agrees to provide -9- all repairs and maintenance and to maintain the pedestrian concourse within the Lowertovm property to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse. HRA and City shall be furnished with both preliminary and final plans and specifications for all additions, alterations or repairs and replacements (or in the case of minor repairs and renlacements, a reasonably detailed description thereof) to the pedestrian concourse, which plans and specifications shall be subject to City' s and HRA' s reasonable and timely approval or disapproval before commencement of the work contemplated therein. Lack of action on either preliminary or final plans and specific- ations to approve or disapprove within 30 days of receipt shall be conclusively deemed approval. 20. If MML and/or Lowertown fails to adequately maintain, repair and operate the said skyway bridge to a reasonable standard of safety, or shall fail to undertake reasonable maintenance, oper- ation or repair of the pedestrian concourse areas through their respective properties within 30 days after receipt by the affected party or parties of written demand from the City, the City may undertake said reasonable and necessary maintenance, repair and operating tasks, and the costs incurred by City for said mainten- ance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner (s) or their sureties as applicable; provided, however, that the City retains the right to assess such costs against the party (ies) as a local improvement in the manner provided by law. -10- 21. The skyway bridge and pedestrian concourses which are the subject of this Agreement shall not be operated for the purpose of advertising the name of any product or business or any other commercial purposes other than for or on store fronts in the pedestrian concourse, such store front signage shall not project out from the wall into the easement area except as subject to the reasonable approval of HRA and/or City before installation. Nothing herein contained shall prevent the in- stallation and maintenance of skyway directional sign (s) . All signage, other than that permitted hereinabove related to store- fronts, shall be subject to review and approval by the City prior to sign construction and installation. SURETY BONDS AND INSURANCE 22. Lowertown and MML shall together furnish and maintain a surety bond in the amount of $100, 000.00 for the said skyway bridge to and in favor of the City of Saint Paul , as obligee, conditioned that said property owners shall indemnify and hold harmless the City in accordance with said Ordinance against all expenses and liability on account of all costs, suits and judg- ments arising out of or connected with the maintenance, opera- tion and repair and/or removal of the skyway bridge, its integral parts and related equipment, and further conditioned upon the property owners complying with all terms and conditions expressed and contained in this Agreement as to maintenance, operation and -11- repair and/or removal of the skyway bridge, which surety bond shall be in such form as shall be reasonably approved by the City Attorney and shall have such surety as shall be reasonably approved by the Director of the Department of Finance and Management Services for the City. The HRA shall procure from the general contractor and provide to the parties, documentation evidencing that the general contractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph 1 herein naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4 . , General Conditions, and Section 6 . , Special Conditions, of the construction contract for the skyway bridge. 23 . Insurance required by paragraph 28 hereunder for hazard and liability for the skyway bridge shall be a maintenance cost to be assumed by Lowertown and MML and shall be shared in accordance with the separate agreement for the sharing of oper- ating, maintenance and re�air costs that Lowertown and MML shall enter into as provided herein. 24 . Insurance required hereunder for hazard and liability for the areas designated as easements shall be a maintenance cost to be assumed by Lowertown for the pedestrian concourse located within its building. . a. , - , �� ; -12- 25 . Lowertown and MML shall furnish and maintain public liability and casualty insurance coverage for the skyway bridge; and Lowertown shall furnish liability insurance for the portion of the pedestrian concourse within its property, with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds , said insurance containing the following minimum coverages: for property damage to the extent of $.200, 000 .00 in any single accident; for personal injuries, including death, $500,000 .00 for each occurrence. Such minimum amounts shall be subject, upon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul, in the event statutory municipal lialai�:ity limits are altered by legislation or judicial decision at any time after the date hereof. The casualty insurance shall •have an alI-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as reasonably determined by the City from time to time. DIRECTIONAL SIGNS - 26 . The location of directional signs or other signs that may be installed in the pedestrian concourse in Mears Park Place, shall be as shown on Exhibit B, or as subseguently agreed upon by HRA and Lowertown. HRA shall pay the initial cost of such directional signs . The cost of installing the directional signs and their integral parts, including supports, electrical connec- tions and mounting hardware, and the cost of operating, maintaining and repairing the directional signs in Mears Park Place shall be borne by Lowertown. If the location of the pedestrian concourse -13- public easement in Mears Park Place is changed, the said signs shall be removed accordingly, and the cost of moving and re- installing signs to a new easement area shall be borne by Lower- town. If the said sign moving requires a change in the sign face, this shall be done at Lowertown's expense and consistent with the graphic design system established for System signs. Directional signs and graphics shall be of the same design, configuration and color as those in the existing skyway concourses. BINDING OBLIGATIONS 27 . This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16686 as adopted by the Council of the City of Saint Paul, and all its terms and conditions are incorporated hereby by reference . Al1 parties hereto, other than HRA and City, are considered to be permittee's successors under the terms of said Ordinance, except with respect to the obligations of the permitees for initial construction of said bridge under Sections 2 (a) , 2 (b) , 2 (c) , 2 (d) , 2 (e) , 2 (g) , 2 (h) , 2 (i) , 2 (j) , 2 (1) , 2 (m) , 2 (n) , 2 (o) and 2 (q) of said Ordinance. 28 . The parties agree that in the construction, maintenance, repair and operation of the pedestrian concourse, they shall be bound by all City codes and ordinances governing the System in- sofar as applicable. 29 . The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the respective parties, their successors and assigns, -14- and shall continue in force until such time as said System, or the skyway bridge or that of the pedestrian concourse herein con- cerned .is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. 30 . It is understood that this Agreement does not govern the relationships and agreements by and among Lowertown and MML, themselves to each other, other than the requirements of paragraph 18 above . 31. This Agreement shall survive conveyance and delivery of the Grant of Easement provided for herein, and shall not be con- sidered merged therein. 32 . The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and trans- ferring their abutting and/or encumbered or involved real estate herein and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual (s) , partner- ships, or other forms of venture. In the event of transfer of _ any property owner' s interest in the property, the owner (seller) shall be freed and relieved, from and after the date of such transfer, or all liability as respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be performed; provided that owner' s successor fully and without limitation assumes in writing all duties, responsibilities and covenants of the owner (seller) under this Agreement. For the purposes of this paragraph, "owner" � �� _.� -15- shall include, but not be limited to, lessors, lessees, sublessors and sublessees, and shall include Lowertown and MML. 33. Seven (7) days after the issuance of the written Notice of Final Inspection by the City, and its furnishing to Lowertown and MML, the obligations and duties contained in paragraphs 16, 17, 20, 21, 22 and 25, herein above., as to said skyway bridge, shall become operative. 34. Seven (7) days after substantial completion of the Lowertown pedestrian concourse, the obligations and duties contained in paragraphs 8, 19, 20, 21 and 25, herein above, as to said pedes- trian concourse, shall become operative. 35. Any notice to the parties hereunder shall be considered sufficiently deliverec7 if mailed, by certified mail, retuzn receipt requested, postage prepaid, as follows : a) To: City of Saint Paul Donald Nygaard, Director Department of Public Works 6th Floor, City Hall Annex 25 West Fourth Street St. Paul, L�Iinnesota 55102 and Downtown Operations HRA/City of Saint Paul, Minnesota 12th Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 and City of Saint Paul Peter G. Hames, Director Department of Finance and Management Services Room 234, City Hall St. Paul, Minnesota 55102 -16- b� To: MML Ray M. Antrim, MAI Second Vice President 400 North Robert Street St. Paul, Minnesota 55101 and Steven P. Nystedt Manager of Facilities 400 North Robert Street St. Paul, Minnesota 55101 c) To: Lowertown Saint Paul Company Dan McCarty Gary Bailey Carley Capital Group Bailey Enterprises, Inc. 315 W. Gorham Street 2233 University Avenue Madison, Wisconsin 53703 St. Paul, Mn. 55114 A party may, by written notice, designate a different address to which notices to it shall be directed. SUPERCEDURE CLAUSE 36. Nothing contained in this Agreement shall be construed to amend, alter or modify in any way, any of the provisions or obligations contained in or imposed by the General Policy Statement-Pedestrian Concourse System, Downtown Urban Renewal' � Project, Minn. R-20, (as Revised August, 1972) , which is incorpor- ated in the various Contracts for Sale of Land For Redevelopment as to which HRA, Lowertown and MML are parties, except insofar as this Agreement is in direct conflict and inconsistent with said General Policy Statement, in which case this Agreement shall supersede and be controlling. -17- HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA By , It ' w By It APPROVED AS TO FORM C TY OF SAINT � �. � �_ .g2 By ts May By Its i ector partment of Planning a d E onomi velopment By ��.. Its Director, Department of Financ and Management Services By Its City Clerk .� -18- STATE OF MINNESOTA ) ) SS . COUNTY OF FtAMSEY ) � On this / r' day of , 198�, before me, a Notary Public within and for said County, appeared �1',�� -- � and � lt/,,c,�d-•� , to me personally known, who, being each by me duly sworn, did say that they are respectively the � . and of the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, that said instrument was signed by, authority of its Board of Commissioners and said and acknowledged said instrument was the free act and deed of said corporation. o`�� 6�'^?6':YA/�6�*9C�-i'�6`iR,.:R��"�r*�AOiS �y, LOIS I I. COAK�EY � � ' � ra :�, •. t:,��J;:; � . `��'' NOTARVP(::;L7t.:_`36NNE'7C7i'!iy° MYCOMMISSIONE:;��rr�r_:} FED.2S, 1L`o4�` - �".+G'�d�il.�V�6ar-*�.:�,:..a.;. -19- STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) The foregoing instrument was acknowledge�i be�ore me this /a� day of �p-v�� 19$� by GEORGE LATIMER, Mayor of the CITY OF SAINT PAUL, a municip corporation of the State of Minnesota, on behalf of the City of Saint Paul. . , � ' ,�� LEEANN TURCFt1R! � � ;� NOTARY PUBLlC—lIRiMNESOT.� � �`w'�,.� RAMSEY COUtJTY ' My Comm.Expires June 11, 19&7 � x � STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) i.� The foregoing instrument was acknowledged before me this �� da of , 1981, by JAMES BELLUS, Director of Planning and Ec ic Develop nt for the CITY OF SAINT PAUL, a municipal corpora on of the State of. ' nesota, on behalf of the City of Saint ul. �� `�� . .+*�-�.� JACQU�LYN M.HiCKS �4i✓e�.,�...; �,�6+ * NOf r �'Pll�3L�C—t,11�VPrLSOTA ,��+ �t�" ;� YC�Js'dTY STATE OF MINNESOTA ) r:�y C � ,. L- f?;;u�y 5, 19s4 ) SS . mv�sv�niwvvti"�ti°,n�ti"��•rv•�nnnti^sniwvvwv■ COUNTY OF RAMSEY ) The fo going instrument was acknowledged before me this I'�..'I�. day of , 198a,,, by � Peter G. Hames , Director of the Depa� ment of Finance and i�iaiiagement Services for tha CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. � . JEANNE M.ANDERT '�^ ,� �� , "—" " NOTARY PUBLIC—MINNESOTA I� Y � RAMSEY COUNTY �� My Comm.Expires April 10, 1987 A Y M STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this � day of , 198'�, by ALBERT B . OLSON, City Clerk for the CITY OF AINT PA , a municipal corporation af the State of Minnesota, on beha of the City of Saint Paul. it MM�.A.".T✓�NV1fv��l�'•:\"."..^.�v"J�P,%V1P.^:/\.�.hA.^.5t � ` �t`'`_.. f .. .....__�� > � < - ' � r•''J i�'. , —'r `�viA � � �:�s3: t,�� I;J�Ji�I�� bSy�c^;,�.�xp;r�s;F.ril 12, 19St3 y' Y��PJVW VVWVVt1/�"Wl°V�,'WWUY�MJV+r�MV■ ,� `� �` �% <:� ,� Skyway Agreement; MML/Lowertown 1/13/82 -20- ' THE MINNESOTA MUTUAL LIFE INSURANCE COMPANY By • Its -RAY M. M. SECOND YlCf PRESIDEl+�T By Its . a. saroflQui ASS STAPJT SECZ?k�Y STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this 19th day of January , 198? , before me, a Notary Public within� and for said County, appeared Ray M. Antrim arid R.A. Sandquist , to me personally known, who, being each by me duly sworn, did say that they are respectively the Second Vice President and THE Assistant Secretary of/MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota corporation, that said instrument was signed by Txust es authority of its Board of �� and said Rav M. Antrim arid R.A. Sandquist acknowledged said instrument was the free act and deed of said corporation. � :;��::�:o. EVE O'GARY � :"1- �� ~�' NOTARYPUBLIC-MINNE,�TA "��,� RAMSEY COUNTY � `�•...: , � p y Commfasion Expirse F6b.1, 1984 �`,`�'�r��"7 �r �� -21- LOWERTOWN SAINT PAUL COMPANY By C Capital Group, General Partner By I �; i By ,� - L. David Carley, General artner By ames E. Carley, G e al P rtner STATE OF ��S�nS/�K ) ) SS. COUNTY OF p�n °�-- ) On this �� day of �V�w�.�D�.r _, 1981, before me, a Notary Public within and for said County, appeared L. DAVID CARLEY and JAMES E. CARLEY, to me personally known, who, being eack� by me duly sworn, did say that they are general partners of LOV�r.R�'Q4�N SAINT PAUL COMPANY, a Minnesota limited partnership, an�' i:�-iat said instrument was signed on behalf of said partnership. ' �-��-g�__ � � � STATE OF /,J;ScaKSt�( ) ) SS. COUNTY OF �A il� ) On this � day of �DDew1�OP1'� _, 1981, before me, a Notary Public within and for said Count , ppg ared E. CaF/e�! , the 1�vtE�a� �at"I-UIBr �� of Ca ey Capital Group, a Wisconsin partnership, to me personally kn�v�n, who, being by me duly sworn, did say that Carley Capital Group i� a general partner of LOWERTOWN SAINT PAUL COMPANY, and th��. the fore- going instrument was signed on behalf of Carley Capita� Group. •' f�� . � . . ` "•"c c �i I 'I'Y O�'' �f A I 1 T �� U L �:ouncit l�i �t�i��L� Ca�.�1.�iJ�RTMENT File N0. B�UE. — M�vOA �� • CO Z�YZ CZ f_ • ORDIHANG�- - � f � �� Presented Q�� Referr��d To mittee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFOR AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MItJNESOTA, A MINNESOTA CORPORATION, AND 1TS SUCCESSORS OR ASSIGNS, PERMI SS I ON TO CONSTRUCT, MAi NTAI N AND OPERATE THE FOLLOWI NG OVER- NEAD PEDEST_RIAN PASSAGEWAYS OVER PUBLIC STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF SAINT PAUL; AND 1) ACROSS JACKSON STREET BETWEEN THE INTERSECTION THERE- WITH OF EAST SEVENTH PLACE AND EAST SIXTH STREET, SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE WEST SIDE OF JACKSON STREET TO THE MEARS PARK APARTMENT BUILDING ON THE EAST SIDE OF JACKSON STREET. 2) ACROSS ROBERT STREET SETWEEN THE INTERSECTION THEREWITH OF EAST SEVENTH PLACE AND EAST SIXTH STREET, SAID OVERHEAO PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM TWIN CITY FEDERAL (TCF) ON THE WEST SIDE OF ROBERT STREET TO THE MINNESOTA MUTUAL LIFE (MML) BUILDING ON THE EAST SIDE OF ROBERT STREET. , � � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1 . That permission and authority hereby are granted to the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, a Minnesota corporation and/or its successors in interest to construct, maintain and operate the following overhead pedestrian passageways over public streets within the corporate limits of the City of Saint Paul ; and COUNC:ILIIEN Requested by Department of: Yeas Na}•s . • In Favor __ Against BY � r Form Approved�by,Cil�ttor�� ' Adupted by Council: Date � � //�%j/'�'�, Cert�(��d Y:,ssed by� Council Secretary $y � � ,'` % / , B': � � / ' �/ r '� i � A{�pru�ed b� \1a�or: Date Ap�oy d bx May.or fqt ubmission to Council � �. � - –, � � .'�,� - _ ----� E3� --- — -- �3��' `� �/ �'j� .J�Xff/8/'T" �� . I�i \� �l l•�. .�. � � '2' � �� 1) across Jackson Street between the intersection therewith of East Seventh Place and East Sixth Street , said overhead pedestrian passageway to be extended from Yhe Minnesota Mutuai Life (MML) Building on the west side of Jackson Street to the Mears Park Apartment Building on the east side of Jackson Street. 2) across Robert Street between the intersection therewith of East Seventh Place and East Sixth Street , said overhead pedestrian passageway to be extended from Twin City Federal (TCF) on the � west side of Robert Street to the Minnesota Mutual life (MML) Building on the east side of Robert Street. - Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction, maintenance, and oper- ation of said overhead pedestrian passageways according to the plans �nd speciFications approved by the Department of Public Works and at the sep- arate cost and expense of said permittee, 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 regula- � tions of public authority having cognizance, construct, maintain. and operate said overhead pedestrian passage- � way hereunder; b. That said permittee shall pay the costs for the publi- cation of this Ordinance; c. That said permittee shall pay the costs of administra- tion , engineering and inspection incurred by the Depart- ment of Public Works due to this undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,000.00) for each overhead pedestrian passageway noted above and shall be accounted for under a separate Department of � Public Works p roject number(s) ; d. That said permittee shall furnis.h the Department of Public Works all documents of record for each over- � head pedestrian passageway that a�e a part of the contract or incidental to its execution including, but not limited to, addendums, award of contract, contract amount , "as built" plans, tracings and trac- ings of shop plans; . � �( l( ;�',t:, : . ' . , � -3- � ��Z�� e. That said permittee shall construct each overhead pedestrian passageway to the satisfaction of the Director of the Department of Public Works in accordance with approved plans and specifications � of the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, said plans and speci- fications on file in the Depa�tment of Public Works. Such construction shall be made in strict compliance with the American Association of State Highway and Transportation Officials (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a building permit issued by the ^ Department of Community Se�vices, Division of Hous- ing and Building Code Enforcement; f. That said permittee and/or its successors in inter- est shall fully indemnify, hold harmless and defend the City of Saint Paul , its agents, officers and em- ' ployees from any and all damages, claims, losses, judgments, suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or prope�ty arising out of or connected with the construction , erection, maintenance, operation and/ or removal of each overhead pedestrian passageway hereunder; and that supplementat to all other obli- gations on their part, jointly and/or severally, hereunder, said permittee and/br its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casualty In- surance Coverage with a duly licensed Casualty In- surance Company to the extent of $500,000.00 for injury to any person and/or persons in any single incident and to the extent of $200,000.00 for damage to property in any single accident , insuring the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or property arising from or connected with the construction, erection, maintenance, operation and/ or removat of each structure hereunder, at all times, and to furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City. of Saint Paul ; that such minimums shall be subject to increase by action � of the City Councit in the event statutory municipal liability limits are altered in any way hereafter; . . �,�� i�r t �i.•';, '�t - 4 - g. That said permittee shali not proceed with construction unless and until said pem�ittee sha11 have fully complied with the provisions regarding insurance and indemnifica- tton contained in the City of Saint Paul , Department of Public Works "Standard Supplemental Specifications For Highway Construction" dated Juty 10, 1979, Section No. 1305•2. For the purpose of this Ordinance the aforesaid Section of said Specifications shall be read as though the word "permi ttee" was substi tuted for the word '!con- tractor" wherever the same appears therein. Section - 1305.2 of the Depa�tment of Public 1Jorks , City of Saint Paul , "Standard Supplemental Specifications For Highway Construction" dated July 10, 1979 is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim; h. That said permittee andbr its successors in interest, shat�l among other things , at their own cost and expense make adequate and effective provisions therefo r and drain all moisture , rain , and snow whtch shall accumu- late thereon by proper devices through each overhead pedest�ian passageway and in a manner so that the flow- ing and/or spilling of same on any part of Robert or Jack- son Streets shall be prevented at all times. Said permit- tee and/or its successors in interest shall maintain and � operate each overhead pedestrlan passageway at its sole cost and expense tn a safe condition for pedestrian tra- vel . Such maintenance to include, but shall not be iim- _ ited to, glass , floor, metal trim and hardware cleaning , polishing and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning ; and the supply of heated and cooled air within said bridge to maintain temperatures comparable to that normally maintained within heated and air-conditioned office spaces , except as may be altered by energy conservation guidelines ; � I . That said permittee and/or i�s successors in interest shall , at all times , construct and maintain all the sup- ports of each overhead pedestrian passageway entirely within the ltnes of the subject private real estate and entirely without public street rights-of-way, except that on the east stde of Jackson Street� , adjacent the Mears Park Apartment Building, a single colurrm pier support may extend a maximum of one (1) foot into the street right-of- way; J. That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construction or mainten- ance of each overhead pedestrian passageway shall make nec- essary the closing of Robert and Jackson Streets or any part thereof. Al1 expenses incurred by the Traffic Bureau in furnishing , installing or removing barricades , signs and other control devices shall be paid by the permittee; � , ._ �; . . . � -5- � ��.'i� . � -+� k. That said permittee and/or its successors in interest shall not use any part of either overhead pedestrian passageway for any advertisement or display purposes, without the written consent of the City of Saint Paul � and the appiication thereto of any advertising mater- ial or display shall be deemed prohibited by this Ordinance. 1 . That said permittee and/or its successors in interest shall , at all pertinent times, in the construction, maintenance and operation of each overhead pedestrian passageway hereunder, provide a minimum vertical clear- � ance of at least 17 feet 4 inches between and through- out the course of the bottom of each structure and the surface of said Robert/Jackson Streets except as may be altered by the City's future street work in each case; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legisiative Code as amended pertaining to street obstruction; n. That said permittee and/or its successors in interest . shall complete the construction and erection of each overhead pedestrian passageway by not later than one (1) year after commencement of construction. Said cemmencement shall be evidenced by Public Works' re- ' ceipt of a written notification thereof, and shall be dated therein, as further provided for under paragraph - (o) below; o. That said permittee shall notify the City Bridge Engineer of the Department of Public Works before and when con- � struction starts and notify the same said Bridge Engineer when construction has been c.ompleted to allow for a final inspection of each overhead pedestrian passageway; p. That said overhead pedestrian passageway shall be removed by and at the sole cost and expense of said permittee and/or its successors in int2rest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accord- ingty order the removal of either structure from said � location; � � q. That said permittee shall , within a period of twenty (20) 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 wi�thout limitation which written instrument of acceptance and agreement shall be in the form approved by the City Attorney; - ..�w�) � �' ' _6_ �(r�� . .• �� r. That upon the execution of an agreement by and between the City of Saint Paul , the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota and the applicable building/property owners respecting the afore- said pedestrian passageways the permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota shall be relieved of any further obligation under the terms of this Ordinance, and the successors in interest of the permittee, the applicable building/ property owners shall assume such obligations including � responsibility for paying insurance premiums of said overhead pedestrian passageway connecting their build- ings and responsibility for providing the maintenance, ^ repair and operation of the same; s. That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to its successors in interest , said permit- tee's successors in interest shall furnish and deliver � unto the City of Saint Paul a Surety Bond in the amount of One Hundred Thousand dollars ($100,000.00) for each overhead pedestrian passageway (bridge) , made and exe- cuted by said permittee's successors in interest as . Principal and a Corporate Surety Company duly author- ized to transact business in the State of Minnesota as surety to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance and also conditioned that , in the event the permittee's successors in interest fail to maintain, operate or repair each overhead pedestrian passageway to a reasonable standard of safety, or fail to remove either overhead pedestrian passageway upon order by the Council , the City of Saint Paul may undertake the main- tenance, operation, repair or removal thereof and may recover its reasonable cost incurred thereby from said Surety, which Surety Bond shail remain in full fo�ce and effect as long as each overhead pedestrian passage- way o� any part thereof remains in that portion of pubtic right-of-way as shown on the plans on file with the De- � partment of Public Works. The Surety Bond shall be in . such form as shalt be approved by the City Attorney and shall have such surety as shall be approved by the Director of Finance and t•tanagement Services; � P;NK - ��,NCe . . Council ` 6'�� C�Ne�� —�JE��ARTMEN� (> I1'Y OF �AI 1�'T I�AUL File N0. � �u`✓�'i D�uE — r.�arOA • � Council = o�� <<�,c� Presented By Referred To Committee: Date Out of Committee By Date t. That said permittee and/or Its successors in interest shall submit proposed plans and specifications to the ' Department 'of Public Works for review and approval of any intended st�uctural repai �s or major maintenance work on each bridge, before any such work is carried out. Upon completion of such structural repairs approved by the Department of Public Works, permanent rep�oducibte tracings shall be furnished the Department showing the work do�e and marked with any "as built" changes as wel ) as reproducible shop drawing tracings of the same; u. �That the successors in interest to the permittee in each instance shall submit the necessary insurance documents to the Office Engineer of the Department of Pu blic Works. The Office Engineer in turn shall submit said documents to the City Attorney of the City of Saint Paul for re- , view and, if said insurance is sufficient , said docu- ments shall be filed with the Director of Finance and Management Services of the City of Saint Paul ; Section 3. � ,That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUNCILIIEN Requested by Department of: Yeas �{urtt Nays � � Levine In Favor Publ i c Works -�Aad�e� . ��/� Mct,nanon � Against BY �� Showalter • tedesco . Donald E. Nyga - Director Wl:son n',�± �ggp Form Approved b Gity ttnrne � TJE/�dl l Adopted b}� Council: Date �U � i / � Certified Ni�sscd by Cuun�l S • �rtar3•, By � / � ( 1 ` ` �� L'` \� / / , c $� \ � � �l`-,^=i� i�. � ��t-tr \ • / � ✓ u'� '' ' 1 ��8� A ved by Mayor fbr �ubmission to Council Appro� � . �'or. Date �--L� :•_�y ( ' B) - -- --- — - ` ` AUG 1 6 1�80 F:� 'j;T ?�1 i f;T�__--------_ , � �. (? � �:�..:� ;��:�� 1��Jti�� .. . •�/+ _ .a+ � � �� Jackson Stre�et� � . �.� _. . . , �.��. - ...�; ,:_�fi � � �:� � � � . �:. . , -- ,:::ti::� .. K . :.�;�: . . ,,,�„ , : ::�;. . 3' '�ti�� . �:.:.�'. • .�.Sviii: y �� . � • � T � . � 1 T ::j::�:;:y'�::}}:�'Y: � � Iiv . T , . , L_ L-� • L � . ' - , � . � � _ , ; � • r � _ t::::::::::::: � . , i - i - �:�:'::�:>::: � s .:. m �``'`.``:zt`i A � � � t�::i::';: � t:�:�:�>:�::: ,:.�::::. N � E:::;;>::� � ..... � 4 i:�::�:�>�� D !>.......:. � . . • jE'ii':�2'>i 7C I k 1,'`''�',`� I""' ;:::::�::>:: n i r::;:::::�>:: �..� . . _ . i m — � ' L � � . . [ i :l . � . f r> >:�::::�::: � �:�:'''�:�:':�: 1 , � � r�>:�:�:;•> ' � . . •. . : �, � ::._:.:: :�::::::�::::�:�. � ;:;::::::�::<: . � - i::::��:::::;�;> � � _� . �;:.:. ; :::::;:;:::::: _ i � �, ��:;�. , -{- � - - - �:�::::��::::::;::;��::�;::::::::::>::�::::;:::::�:��:::::::��`� . . � �.:..:..:..::�.�4;::::::::�:��:'�:::'>��:��::��:��' � ' � � � - - €;:�<�::�:�::�:;:::;;:::�::>�:::::::::�::��:>:<��<:>:�::- � ' Q' t' . ... � a � _ � : � �� r _ - — �r � r �.-- ----- �::f�ff�� f. : � x �::tr a ::;: : � _ ��.'+i• N? 0. � �[D.. � ►-i �;�f A.� . �. � iL S'L W %.i}r, � � fD d fD � -� ! , •.'f C � a � r cp rp �D � '::�}{; "'� -+• � < 00 O rt fD - :�yf � � E� : � ` — �C;'�1,�.�!lX .: __._._�_.�� _ _ J - .� � ...�� S�biev Street � , i � � � Jackson ��re�� , , . , , , �, � , ► _. , , � , , -'•- . ' i - -,:.�. � , , - ` . , ,: , _ ... �j �-.�; � ) � �D,� � � .. � . _ - �, I^ 1 ~.r 1 ' � 11 t 1 ' 1�tI f ` 1 !•' , I f 1 � � ( � � 3 � n; i �, 1 � N� I 'fli D �i � �� ■--- -- - -� i .�; ' � r� � � + �, � � m! i � � � I I � � �� i _ �` � - . . � iiI';'�.'{ ' � �- - -�- - - -r- - - - s- - - - � -- --- . - '. ! �;;:�'!'� � i �"�7; � . -� � '� � 1 I (— � - • . i � ;� � � � � � � i i � _ ` -- . � ;i;� �- -----� i ��-NS z '�'' �� 1 :.�:.cfDn a , ;`;, ,f I f � `''' � , ; : ; _ L--._- � � _ °`�-�-- � < w -------__,. 1��._._. - �'* �? - � � . ; ; Slbl�y Stre�e� , ; ��"� r. GRANT OF EASEMENT WHEREAS, LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, and its general partners, CARLEY CAPITAL GROUP, a Wisconsin partnership, JAMES E. CARLEY, and L. DAVID CARLEY, hereinafter collectively called "Grantor" , is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called "Grantor' s Property" ; and WHEREAS, Grantor has agreed pursuant to that Skyway Agree- ment dated , 1981, by and among the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, The Minnesota Mutual Life Insurance Company, and the Grantor herein, to grant to the City of Saint Paul a public easement for a second floor level pedestrian way, with vertical access and connecting ground level easement, also described as the Skyway Bridge and Pedestrian Concourse System. NOW, THEREFORE, in pursuance of that Agreement, and in con- sideration of the sum of ONE DOLLAR ($1. 00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor, for itself and its successors and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for the Skyway Bridge and Pedestrian Concourse System for the use and benefit of the public as a public way and for public ingress and egress and for pedestrian transit in and through only that part of the Grantor' s Property and the structures thereon, described as follows : together with an easement for public ingress to, egress from and . transit to and from said System by way of vertical access from Street to the pedestrian concourse, described as follows : and also together with an easement for public access on the ground floor level from the foot of the above described vertical access facilities to public sidewalks , described as follows : EXHIBIT C -z- and also together with an easement permitting placement on Grantor' s property of the single T column support or pier supporting the skyway bridge concerned in said Skyway Agreement, described as follows: all of which above described areas shall be collectively referred to� as the "easement" . Public use of the easement area is expressly herein made subject to such reasonable police measures regarding open hours and closing any part or all of the easement during non-business hours and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public' s right herein to ingress and egress and pedestrian transit in and through the easement granted to the City herein shall be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part (s) or all of the easement within or in Grantor' s Property as the City of Saint Paul may, by agreement with Grantor or its successors or assigns, from time to time, determine. This provision shall not diminish the City' s right to, from time to time, exercise its police powers unilaterally, con- cerning hours open for public use, or temporarily closing part(s) or all of the easement to the public, or concerning public conduct with- in the System, nor shall such agreed or legislated hours in any manner restrict City' s easement interest, as defined herein, but shall affect only the public' s rights to ingress and egress and pedestrian transit in the easement. Grantor may prohibit ingress to the pedestrian concourse through the street level access and stairway indicated on Exhibit B to the Skyway Agreement aforementioned after 6 : 00 p.m. anyday so long as egress to the street is permitted during all hours the concourse is open for public use. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement conditioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Grantor, and, on the further condition that no change in the ea�ement location shall be made without the approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota and the City of Saint Paul, such approval not be unreasonably withheld, and, on the further condition that said new easement shall be surveyed and described by a registered land surveyor at the expense of the Grantor. Notwithstanding anything to the contrary herein, the easement given shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events : -3- A. In the event the easement granted herein is vacated, abandoned or discontinued in the manner required by law. B. In the event the building (s) , in, upon or - over which the easement is located shall be substantially destroyed or demolished and such building (s) shall not be repaired or reconstructed; Provided, however, that in the event such building (s) be recon- structed or replaced, Grantor, its success- ors and assigns 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 termin- ated under the provisions hereof, City shall furnish a release of such easement or portion thereof, to Grantor, its success- ors or assigns. Grantor, for itself, its successors and assigns, does hereby agree that for and during the life of said easement, Grantor, or its designee by separate agreement, shall be responsible for and/or provide for the cost of all repairs, improvements and � replacements of the public way or Skyway Bridge and Pedestrian Concourse System as it passes through, on or over the lands as described herein, it being understood that the aforesaid covenant shall run with the land. Grantor reserves unto itself, its successors and assigns, the unconditional right and privilege of selling, conveying . and transferring the Property described above or any interest therein. In the event of transfer of the Grantor' s interest " in the property, the Grantor (seller) transferor shall be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or ob- ligations on the part of Grantor (seller) contained in the Agreement which are thereafter to be performed; provided that the transferee fully and without limitation assumes in writing all duties, responsibilities and covenants of the Grantor hereunder. TO HAVE AND TO HOLD, said easement for a public way or Skyway Bridge and Pedestrian Concourse System, together with all rights of ingress and egress appertaining thereto until the System is vacated or abandoned in the manner required by law, or terminated in accordance herewith. -4- IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of , 19 LOWERTOWN SAINT PAUL COMPANY By Carley Capital Group, General Partner By Its By L. David Carley, General Partner BY James E. Carley, General Partner � �� -5- STATE OF ) ) SS . COUNTY OF ) On this day of , 19 , before me, a Notary Public within and for said County, appeared L. DAVID CARLEY and JAMES E. CARLEY, to me personally known, who, being each by me duly sworn, did say that they are general partners of LOWERTOWN SAINT PAUL COMPANY, a Minnesota limited partnership, that said instrument was signed by authority of its partners, and said L. DAVID CARLEY and JAMES E. CARLEY acknowledged said instrument was the free act and deed of said partnership. STATE OF ) ) SS . COUNTY OF ) On this day of , 19 , before me, a Notary Public'—hin and for said County, appeared , the of Carley Capital Group, a Wisconsin partnership, to me personally known, who, being by me duly sworn, did say that Carley Capital Group is a general partner of LOWERTOWN SAINT PAUL COMPANY, and that the foregoing instrument was signed on behalf of Carley Capital Group. � 345 Cedar Street �� MINNESOTn St.Paul,Minnesota 55101 M 11T1JAL LI t E 6121298-3500 �r��^� p r-y (� ! December 10, 1981 � RECEIVED Mr. Mark Senn Program Administrator �� 1gp,� Department of Ping. & Econ. Dev. � City of St. Paul ��ty Hall Annex, 14th F�. CITY ATTURNEY 25 West Fourth Street St. Paul, NII�i 55102 Re: Skyway Easement MML Center Dear Mark: Reference is made to the "General Policy Statement - Pedestrian Concourse System, Revised August 1972", our plan submissions to the City of St. Paul, and our discussions and review of these plans with various members of the City Staff. As discussed, three items in our design conflict with the General Policy Statement, but do not cause problems as reviewed by MML, our Architects, and the C'ity. ihey are as follows: 1. Floor Covering - MML is using the same carpet throughout the skyway level, rather than a different carpet for the easement area only. The design is such that the skyway public space is easily identifiable, and should not pose a problem. 2. Light Le--sl - The specified SO f.c. light level is "pre-energy conserva�ion," and although I do not know our exact light level, it has been laid out by our Architects/Engineers to be more than adequate for the MML Employees/Tenants/Public. 3. Ceiling/Lighting Treatment Differentiation - The same ceiling/ lighting treat:nent is used throughout the M1�lL Center, and does not change above the public easement corridor. This is due to the uniqueness of our central open court. All of these items should pose no problems to the "public" utilizing the skyways. Both MML and the Architects are of the opinion that the MML "public areas" are conducive to the skyway system and will attract customers for both MML and our neighbors. As discussed with Philip Byrne of the City Attorney's office, this letter will be made an attachment to our skyway easement agreement. � Thank you. Approved variance�--to'the Skyway Pol i cy Stater�er�', r' Sincerely, �!��y.� � '�� _ , � � �� 1��- Downtown Operations January 6, 1982 Steven P. Nyste cc: Philip Byrne - City Attorney's Office Director of FaciZities Paul Gooding - MML File IV - A SPN:jlb � EXHIBIT "D" . , . _. .. � r x =��k� , _ � . - '< � � � � ��`��} � ' • � i f ��._� ' �: . �. � ��_' � . . � ' � .. . � � . .. , . . . � . „ . _ . . . � . � � . � . ' f, �a, . . � . � . - . � _ f 4 i r • .. . .,� ' .� . . .. . . � � 1 ..� . ' � F� 4 .r t �� , � ` : �: � i ; • � February 8, -i982 � _ � . '.��,., _ _ � . „ , �- ; . : ' . . I � �� I � . . i ' � .� . 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