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276955 WHITE - CITY CLERK ��n�� CANARY - DEPARTMENT COUIICII �' C �� BLUE - MAYOR GITY OF SAINT PAITL File NO. City Attny/PBB • • ouncil Resolution Presented By Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Pedestrian Concourse Agreement, dated May l, 1980, between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota; the City of Saint Paul; A. C. Claseman & Assoc. , Inc. ; ANB Realty Corporation; American National Bank and Trust Company; Bremer Towers; Oxford Development Minnesota, Inc. ; and St. Paul Joint Venture, attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 4, 5 and 8, Block 4, "St. Paul Proper", according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, except the SE'ly 5 feet thereof for alley. The North 1/2 of the South 1/3 of Lots l, 2 and 3, Block 4, "St. Paul Proper", according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, except the easterly 20 feet thereof. and BE IT FURTHER RE50LVED, that the said Agreement has been filed in the office of the County Recorder, Ramsey County, on May 28, 1980, as Document No. 2080224 . COUNCILMEN Requestgd by Department of: Yeas Nays Hunt Levine tn Favor Maddox ,,,/ McMahon `�'� B snoWaite� - __ Against Y — Tedesco Wilson JUN 4 �Q�� Form Appr ed by Cit Atto Adopted by Council: Date — � � Certified ;s d by Co�n � Sec ry BY ' s ��� B � Ap o by ;Nayor: Da JUN 5 1961 Ap r v by Mayor for mi sion t�o Council By U6LISHED JUN 13198a B � � .....�� .�y�,�..., �,..�.,.... � �t '��. ' `' . ,_/ ,_ f . 7 � L' .J ;� ✓' . , ' I ' ��, AGREE �IENT �"�1�, � � - �`_ 7 THIS AGR£EMENT made ar�d entered into this � day of , 1980, � by and between the HOUSING AND REDEVELOP�MENT AUTHORITY HE CITY OF � SAINT PAUL, MINNESOTA, a Minrtesota public body corporate and politic, hereinafter C:� ; � referred to as the "HRA", the CITY OF SAINT PAUL, a municipal corporation, hereinafter C�2 referred to as the "City", A. C. CLASEMAN & ASSOC., INC., a Minnesota corporation, hereinafter referrec� to as "Claseman", ANB REALTY CORPORATION, a Minnesota corporation, hereinafter referred to as "ANB", AMERICAN NATIONAL BANK AND TRUST CObIPANY, a United States bar�king corporation, hereinafter referred to�as "American Bank", BREII�ER TOWERS, a Min,�esota limited pactnership, hereinafter referred to as "Bremec- Towers", °m OXFORD DEI/�LOPMENT IYIINNESOTA, INC., a Minnesota corporation, hereinafter referred � to as "Oxford", and ST. PAUL JOINT VENTURE, a �tinnesota partnership consisting of Capital � � �� � Hospitality Cerporation, a Minnesota corporation, as a general partner, and SPH Hotel Companyq aNO a Minnesota corporation, as a general partner, hereinafter referred to as "Venture", whose � new building, i.e., the Radisson Plaza Hotel, hereinafter being referred ta as "Hotel". ` WITNESSFTH: WHEREAS, the Gity and fhe I�RA, thraugh the Downtown Urban Renewal Pra}ectf Niinn. R-20, undertook ta develop a pedestrian skyway system within the Downtown Central Business District, hereinafter referred to as the "System"; and WHEREAS, the City, pursuant to Chaper 764, Laws of tiiinnesota 1973, is authorized to operate the System; and WHEREAS, upon a portion of the Block bounded by Cedac, Minnesota, Sixth and Eighth Streets, as described in that certain Contract for the Sale of Land by and between Oxford Properties U. S. Ltd., HRA, and City dated August 26, 1977, Oxford is to complete a multi- use office and r�tail development, which shall hereinafter be referred to as "Town Square", and, upon Parcel A-2�of the Block, as described in that certain Contract For Sale of Land � 329t 508.00 - B � . , � r �: . � , ' •� . �, , .. . � by and between Venture and HRA dated November 1, 1977, Venture is to complete a hotel, . � � the Radisson Plaza, referred to hereinafter as "Hotel", and on the block bounded by Seventh, cSo � Eighth, Minnesota and Robert Streets, there exist certain improvements owned by ANB, C�S that the portion thereof on the land described in Exhibit A attachecf hereto shall hereinafter � be referred to as the "Bremer Property"; and ; � WHEREAS, an extension of the System over Minnesota Street between East Sixth Street and East S�venth Place (formerly East Seventh Street) from Town Square and Hotel on the west, to the Bremer property on the east, has been approved as part of the Seventh Place Redevelcapmen� Project Plan, which plan was approved by the CounciI of the City of Saint Paul An December 5, 1978, in Council File 272155, and has been filed with the City Clerk of the City of Saint Paul; and Wt�IEREAS, the extension of the System over Minnesota Street necessitates pedestrian ingress, egress and transit through certain portions of Town Square, Hotel and the Hremer Building; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridg� over Nlinnesota Street, and WHEREAS, substantial public monies will be expended far the design and construction of said skyway bridge ovec lbiinnesota Street; a��d WHEREAS, a benefit will inure to the respective property owners by virtue af being linked to the System; and WHEREAS, the City by Ordinance No. 16617, Council File No. 274205, granteci the HRA permission ta construct and operate a skyway bridge across �9innesota Street between Sixth Street and East Seventh Place, which Ordinance is attached hereto as Exhibit B. NOW TNE�tEFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: � �` � � j � � ;T ' „ " . tSo ` � BRIDGE CONSTRUCTIOV � l. The HRA agrees to design, construct and pay for a skyway bridge connecting —, Town Square and Hotel v.�ith the Bremer property in accordance with HRA and City approved plans and specifications prepared for I-i:A by Hammel, Green and Abrahamson, dated November 30, 1979, alsa knovvn as Bid No.';A 8448-5, and reviewed by Oxford, Venture and Claseman. Said skyway bridge shall i�clude: support structures; related mechanicallelectrical equipment foe heating, ventilating and air conditioning ("HVAC"), lighting and roof drainage tied into the respective systems of Hotel; aluminum and glass doors at the Bremer property- end of the skyway bridge; finishing at skyway bridge ends; and insulated glass to the extent glass is used to enclose said skyway bridge. HRA, as part of its bridge cost, will builc� a raised platform at the easterly end of the skyway bridge (approximately 12' x 14') and an adjacent ramp (approxirnately 5' x 6' in length) to meet a platform to be built by Claseman, � � and will construct all necessary foundation structures within the building on the Bremer � property to support the skyway bridge. The platfocm and ramp•built by HRA and Claseman will serve as the transition from the skyway bridge end to the existing floor Ievel of the Bremer property (see drawing dated August 12, 1979 by Reeve Hutchinson). HRA will accomplish and pay for any mechanical and electrical system instailations and connections which are shown in the approved plar�s and specifications to be part of the HRA construction cantract. 2. I-iRA will include a provision in its contract for the construction of the skyway bridge, whereby the contractor consents to the assignment of warranties to the owners of the buildings abutting the bridges, and HRA shall assign such warranties to them upon approved completion, without relinquishing its own rights under such warranties, and, if necessary, HRA will cooperate and assist in any prosecution of lawful and proper claims such owners may later assert against the contractor(s) and/or architects or others ari.sing from faulty design or construction of the skyway bridge. � _ 4 ��� � '� . . -. cK� . • • � . �K ` � CONSTRUCTION AND COST RESPONSIBILITIES � 3. HRA shall be responsible for and shal! pay up to $50,OOO.QO for the costs which have been incurred by Claseman for (i) demolition within the Bremer property which was necessitated by the new construction, and (ii) the construction and corr►p1P�ion of such new pedestrian concourse in accordance with tl�is Agreement and the plans as follows: a. HRA will, as�part of said $SO,Oa0.00, reimburse up to one-half of the cost o# new partition wall� along said concourse limited to standard drywall in all areas and finishing on �he public side (which shal! not include any portior� uf wall finishing facing private areas). b. Claseman will be r�sponsible for installing (i) the�ramps and platforms not desccibed in paragraph 1. above, creating transition from the skyway bridge to the existing floor level, (u) installing all finished floor material, including areas over all platforms and ramps, and fiii) making revisions necessitated to ceilings over ramps and platforms. This work�per.formed by Claseman shall be reimbursed as part of the up to $SO,OOO.QO sum paid hy HRA to Claseman. c. Such funds shall be available to reimburse only costs incurred in the referenced �iemolition work an�l constrt�ction and completion of the new 12-#oot wide pedes- trian concourse between the skyway bridge herein and the existing north-south pedestrian concourse in the Bremer property, and may include all work necessary to provide a completely finished pedestrian concourse environment with proper levels of lighting, heating, cooling and ventilation. As noted in paragraph 21. herein, HRA shall purchase the typical directional signs and.Claseman shall at its cost install such signs. Claseman will be responsible to instail and pay for the entire cost of refinishing the metal panel wall at the west facade, without reimbursement from HRA therefor. � .ca � . 5 ll ,+ i. •. � . r\ll other costs for the construction and completion of the pedestrian concourse areas withirt � the Bremer property, except as otherwise specifically provided for herein, shall be borne by Claseman. Claseman shall submit to HRA for review and approval an itemized account of al: actua! costs and expenses incurred in construction and completion of its new pedestr:an concourses. ; � f EASEMENTS � 4. Subject to payment required of HRA in paragraph 3. above, Claseman, ANB and American Bank hereby agree to gcant to the City a public easement for the pedestrian skyway system through the Bremer property, all in accordance with Exhibit C attached hereto. Said easement to be granted by Claseman, ANB and American Bank shali be ir� the focm attached hereto as Exhibit D, and shall grant to the public the right of use of said pedestrian skyway system through the Bremer property for purposes of pedestrian ingress, egress and transit, except for such reasonable police measures regarding open hours and closing all or part of th� concourse theough their property as the City may, by ordinance, from time to time determine, or regarding public conduct therein as may be prohibited by skyway ordinance, as it rr�ay be amended from time to time. It is agreed by all parties that the skyv�ay bridge herein and the Bremer property new pedestrian concourse provided f or herein, shall be open so as tca at least canf orm to the Town Square general retaif haurs, but in no event less than 7:00 a.rrso to 10:00 p.m. Monday through Friday, and 7:00 a.m. to 7:00 p.m. on Saturday, all subject to further agreement by City. 5. That said easement to be granted through the Bremer property shall be in accordance with the attached Exhibit B and shall commence at the westerly property line of the Bremer ! property where the skyway bridge from Town Square and Hotel over Minnesota Street connects with the Bremer property and shall extend easterly through the Bremer property on the second level to the existing north-south pedestrian concourse through the Bremer propecty, together with su�h vertical access easement as is provided in such Exhibit C, including ''� that over a stairway�and portions of the ground floor to Minnesota Street. 5/ � ; � ; ., " 6 ` �f6 a ' ' � . . , • bO 6. The public easement provided for herein shall be continuously at least 12 feet O O in width, except at nodes, if any, or where escalators, stairways, or the structural design of the building is such that a width of 12 feet is impossible. 7. Said easement shall be more particularly de�^ribed, at HRA expense, after ' survey of the completed pedestrian concourse public easemant area by a registered !and surveyor. 8. Claseman, ANB and American Bank agree that the pedestrian concourse within the easement herein described and the adjacent access public eas�ments shall be designated as public easements and that all ordinances of the City applicable to the System shall govern. . 9. 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 Bremer property by condemnation or under the threat of condemnation. Said waiver applies to the easement through the property, but not to the skyway bridge. 10. It is agreed by and between the parties hereto that the skyway bridge shall at all times be owned by the City and/or HRA, and said skyway bridge shall not constitute property leasPd, loaned or otherwise made available to second parties, or any one of thetn . (within the meaning of Chapter 272.01(2) of Minnesota Statutes), it being understood tha# said skyway bridge is intended to benefit the public generally. OPERATION AND MAINTENANCE !1. Oxford, ��enture and Claseman 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 in a reasonably sa#e condition for pedestrian travel, reasonably clean and free of litter and debris. 12. Oxford, Venture and Claseman further agree to provide the necessary repair, operation and maintenance of the skyway bridge and its integra! parts at their sole expense, without cost to the City or HRA. Such maintenance shall include, but not be limited to, �P � - - � �_ .1� ' � ' . .� � ' � � � glass, floor, hardware and metal trim cleaning, polishing, repair and replacement, roo# 4 maintenance, repainting, light bulb replacement and light fixture cleaning. HRA and City C� _ , shall be furnished with plans and specifications for ali additions, alterations or major repairs and replacements to the skyway bridge, which plans and 4pecifications shall be subject to their reasonable and timely approval before commencement of the work contemplated therein. Lack of approval or disapproval within 14 days shall be deemed approval. 13. Ozfocd, Ventures Claseman, ANB and American Bank shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and resQonsibilities for said skyway bridge, its integral parts ar�d related equipment. It is agreed that Venture will provide, at no cost to Oxford, Claseman, ANB, American Bank, HRA or City, all initial necessary systems and equigment to supply all HVAC, electrical and other operating utilities f or said skyway bridge. 14. Claseman hereby agrees to provide all repairs and maintenance to maintain the new pedestrian concourse in or on the Bremer property'}o a reasonable standard of safety and cleanliness, and to provide operatirtg costs for the said pedestrian concourse. HRA and City shall be furnished with plans and specifications for all additions, alterations or major repairs and repiacements to the pedestrian concourse, which plans and specifications shall be subject to their reasonable and timely approval before commencement of the work contemplated therein. L.ack of approval or disapproval within 14 days shall be deemed approval. 15. If Oxford, Venture and Claseman fail to adequately maintain, repair and operate the said skyway bridge to a reasonable standard of safety, or Claseman shall fail to undertake reasonable maintenance, operation or repair of the new pedestrian concourse area through its property within 30 days after receipt by the affected party or parties of written demand from the City, the City may undertake said reasonable necessary maintenance, repair and operating tasks, and the costs incurred by City for said maintenance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner(s) or their sureties, as appiicable; provided, however, that the City retains the right to assess such costs aoainst the party(ies) as a local improvement in the manner provided by law. . 7 . � . . ` , . � , , , . ,T ` � 16. The skyway bridge and pedestrian concourse which are the subject of this Agree- � ment shall not be operated for the purpose of advertising the name of any product or husiness ^� - � or for any other commercial purposes other than for or on store fronts in the pedestrian � concourse, such store front signage sha!1 not project out from the wall into the easement � � area, subject, however, to the reasonable advance approval of HRA. Nothing herein contained shall prevent the installation and maintenance of directional sign(s) identifying the building names. SURETY BONDS AND INSURANCE 17. Oxford, Verrture and Claseman shall together furnish and maintain a surety bond in the amount of $50,000.00 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, claims, suits and judgments arising out of or connected �vith the maintenance, operation, 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 an�d conditions expressed and contained in this Agreement as to maintenance, operation, repair and/or removal of the skyway bridge, which surety bond shall be in such form as shall be reasonably � approved by the Directar of Finance and Management Services for the City. The HRI� 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 tt�e abutting property owners to the skyway Uridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4. General Conditions and Section 6. Special Conditions of the construction contract, copies of which are attached hereto as Exhibits E-1 and E-2. � ` . � � 9 _ 9 � � . • . � � 6� Q 18. Insurance required by paragraph 20. hereunder for hazard and liability for t e � skyway bridge shall be a maintenance cost to be assumed by Oxford, Venture and Claseman and shall be shared in accordance with the separate agreement for the sharing of operating, maintenance and repair costs that Oxford, Venture and Claseman shall enter into as provided . ; herein. 19. Insurance required hereunder for hazard and liability for the area designated as easement for the pedestrian con�ourse shall be a maintenance cost to be assumed by Claseman. 20. Oxford, Venture and Claseman sf�all furnish and maintain puhlic liability anc� casualty insurance coverage #or the skyway bridge and Claseman shall do so as tc.liability insurance for the said new pedestrian concourse, 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 personal injucies, including death, $500,000.00 for each occurrence; for property damage to the extent of $200,000.00 in any single accident. Such minimum amounts shall be subject, �pon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul, in the event statutory municipal liability limits are altered at any time aftec the date hereof. The casualty insurance sl-iall 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 21. The location of directional or other signs that may be installed in the pedestrian concourse herein shall be determined jointly by the HRA and Claseman. HRA shall pay the cost af purchase as to signs located on the Bremer property as shown on Exhibit C. The cost of installing, operating, maintaining and repai:ing the signs herein shall be borne by Claseman. If the location of the pedestrian concourse public easement is changed, the signs shall be removed accordingly, and the cost of moving and re-installing signs to a new � ,�. . � . lo -- � . .� . ; . o ' � � ' ' �O easement area shall be borne by Claseman. If the sign moving requires a change in the O � sign face, this shall be done at the property owner's expense and consistent with the graphic design system established for skyway signs. BINDTNG OBLIGATIONS 22. This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16617, as adopted by the Coun�il ot the City of Saint Paul, and all its terms and conditions are incorporated herein by reference. All parties hereto, other than HRA arrd City and Bremer Towers, are considered to be permittee's successors under the terms of said Ordinance, except with respect to the obligations of the permittee to construct said bridge under Sections 2(a) and 2(n) of said Ordinance. ,�- 23. The parties agree that in the construction, maintenance, repair and operation of the pedestrian concaurses, they shall be bound by all City codes and ordinances governing the System insofar as applicable. 24. The respective rights and obligations of the part;es set forth in this Agreement shall be binding upon and irn�re to the benefit of the respective parties, their successors and assigns, and shall continue in force until such time as said System or that pa.rt herein � is vacateo or abandoned in the manner permitted by law, or terminated in accorciance with the Grant of Easement. . 25. It i� understood that this Agreement does not govern the relationships and agreements by and among Oxford, Venture, Claseman, ANB, American Bank and Bremer Towers themselves to each other, other than the requirements of paragraph 13. above. 26. The Bremer property is presently owned by ANB and leased to American Bank; Claseman occupies the building pursuant to a sublease agreement. Thus, where rights, duties and responsibilities hereunder accrue to Claseman, ANB and American Bank shall also be deemed responsible therefor; however, this shall not in any way affect the rights and duties of ANB, American Bank and Claseman among themselves. Bremer Towers, lessee of the property described as Lots 6 and 7, Block 4, St. Paul Proper according to the plat thereof on file and of record with the Register of Deeds in and for Ramsey County, hereinafter I� • _ . 11 �_ ,�+�� �} . : � �., . ,� • . • ' � referred to as Bremer Towers property, is interested as an assignee of the lessee's interest � in a certain lease agreement dated �Ltarch 12, 1927 between Albert I. Shapira, Annie R. Shapira, � �ioses Shapira and Gertrude Shapira, as lessors, and Ralph N. Cardozo and Hart N. Cardozo, as lessees; Claseman, ANB, American Bank and Bremer Towers have enter�d into a certain Easement Agreement providing for easements of ingress and egress to the skyway level between the Bremer Towers property and the Bremer property, dated October 16, 1979, and as to the relationship among the parties to said Easement Agreement, the terms of the Easement Agreement have control; Bremer Towers shall maintain in accordance with its terms direct access f rom th� �rem er Towers property to the skyway system through the Bremer property. , 27. It is understood and agreed that in the event of any default in the performance hereof by Claseman, its successors or assigns, that ANB and American Bank, their successors or assigns, shall become fully and immediately obligated to perform such duties and obligations. 28. This Agreement shall survive conveyance and de:ivery of the Grant of Easement provided for herein and shall not be considered mergea therein. 29. The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved real estate herein and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other form of venture. • In the event of transfer of any property owner's interest in the property, the owner (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agreement there�fter 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 purposes of this paragraph, "owner"shall include, but not be limited to, lessors, lessees, sublessors and sublessees, and shall include, iherefor, Oxford, Venture, Claseman, Bremer Tawers, ANB and American Bank. 11 � - . 12 . �.._ . �1 � ^ � � � ' � �� - • '30. Seven (7) days after substantial completion of the skyway bridg�, and the furnishing , � � to Venture, Oxford, and Claseman of an architect's certificate so stating, the obligations � and duties contained in ara ra hs 11 12 15 17 and 20 herein above as to said sk wa brid e P g P > > > > > Y Y g , shall become operative. 31. Seven (7) days after s�bstantial completion oi the pedestrian concourse, ihe obligations and duties contained in paragraphs 4, 7, 14, 15 and 20, herein above, as to said pedestrian concourse, shall become operative. 32. Any notice to the parties hereunder shall be considered sufficiently delivered if mailed, by registered ar certified mail, postage prepaid, as foliows: ae To: �ity of Saint Paul ,� Donald Nygaard, Director I�epartment of Public Works City of Saint Paul 6th �loor, City Hall Annex 25 W. 4th Street St. Paul, Minnesota 55102 And �:,.• NRA/City of Saint Paul, Minnesota � Renewal Administrator � I�RA/City of Saint Paul, htinnesota 12th Floor, City Hall Annex 25 W. 4th Street St. Paul, Niinnesota 55102 And City of Saint Paui Bernard J. Carlson, Director Department of Finance and ��[anagement Services Room 113, City Hall � St. Paul, Minnesota 55102 b. To: Oxford Development titinnesota, Inc. 628 North Central Tower 445 Ntinnesota Street St. Paul, Minnesota 55101 Attn: St. Paul Town Square Property hlanager And Oxford Development 1�linnesota, Inc. " 400 Baker Building 706 Second Avenue So. ' Minneapolis, Minnesota 55402 � � . 1J - �_.. � �1 ' ^� � • . �� c. To: A. C. Claseman & Assoc., Inc. �o A. C. Claseman O 310 Bremer Building � 419 No. Robert Street St. Paul, Minnesota 55101 d. To: Bremer Towers A. C. Cla��man 310 Bcemer Building . � 419 No. Robert Street St. Paul, Minnesota 55101 e. To: ANB Realty Corporation . William S. Fallon Fifth bc Minnesota Streets St. Paul, Minnesota 55101 f. To: American National Bank & Trust Company William 5. Fallon rif th & Minnesota Streets ` Ste Paul, Minnesota 55101 g. Ta: St. Paul Joint Venture �ohn R. I-ieim 12755 State Highway 55 Minneapolis, Minnesota 55441 f'�nd � St. I�aul Joint Venture Iviilton H. Altman 711 Degree of Honor Building Ste Paul, Minnesota 55101 A party may, by written notice, designate a different address to which notices to it shall be directed. 13 � � . . `._ � � ' ' 0 . HOliSIiv'G AND REDEVELOPrIENT AUTHORITY �p OF THE CITY OF SAINT PAUL, MINVESOTA O � � - By I _ _ , � . By It5 APPROVED AS TO FORM CITY OF SAINT PA � - , � �. By � � ,�� - ts ayo �� ��� = �x �� Its Dire tor, Department o_ Planning n �cono ' evelopment � . ' �j By -'f�!/�' .� -�``� , ��w Its irectc� , epartmenL o� znance � and nac�e ;ent Services v , By I Ci ty C e r�c / � .`* • ' � � . \.� N1V■� ' i � . • � r . O , . � O O::FG�D �ELyLOP;.-':i :,I�:��SOT::, I`:C. � y By 1` � . � ! . By �- I t s �,�� L�. � � • S i. pAUL JOINT VFi�lURC. � Ca�i.tal Kosnitality Co�poration By , ��, �s , �� (` � SPH Ho�el Co::aany By � �ts �/��4 � . / �� � „ - , . . � - A. C. CLAS�:•:��1 & cSSOC. , I\C. � Rv � y � Its ,�o _ . � sy . � Its . P.:�3 RE�LTY CORPOR�TIOti By � . V ,rjj i .�/ � , �� /���� - � � � � i�s U , � �:��lC:�1 _VTilIQ_V�L !3r_�:� n:`I� l:"�L.J�� CQ::Y�h:��r �y �l.`_ � �Q-�'— z�s�,� Q . . �` .� � . By - "`,,� _ -i ts J � ' ' _�j--` �� F3Rt::i�R TOSd1:f.S BY � _�s �v + ��s � � • . ._ � � ' ' ' . C� . . � � � O tb � (� STATE OF �tiSINVESOTA ) ) 55. COUNTY OF RAMSEY ) On this� day of , 19��, before me, a Notary Public within - and for said County, appeared A. C. Claseman, to me personally known, who, being by me duly sworn, did say that he i� the general partner of BREMER TOWERS, a Minnesota ` limited partnership, and said P,� C. Claseman acknowledged that said instrument was the f ree act and deed of said limited partnership. � f ,;,�;��•::e; - �:: ; �e',, ,��1,1 °r_ '� r �, ,J J'�•• ,` _ �+ 1:��� � -�---- � • `• / . ��. �. 1 ' Lk J'�J � .�.�' --� �-�� J'. ' 'riFRBERT P. ?�'�LC1 =,. °�,.; r,lc`tary����lic,R�msey ':.�unty,Mn� �f''••�.,� _: , , �,. .Mr commission ex��rFS Gec.it�,1985 , ,>.,:,.,,. �� j 5�.'�ls+ OZ- �?rNivLSOTA � . �' � � j SS . ' e� ' COUIvTY Or RA�ISEY ) RS . , �� � Tne foregoing instrument was acknowledged betore me this � day of , 19�, by GEORGE LATINIER, Mayor of the CITY �F S�II�'T PAU , a unicipal corporation of the State of Minnesota,on � beha�,�� �e Cit�! of Saint Paul. � t&.�. .1,^...2�:�,�,r, ....�.;..,,..,c„ana�,acna��� .�'�`*;:� K�THLEEN M. HALE a ,, �-°�" ,..r� WOTA r�PU3LIC-^l�Iti"�;ESOTA " L/ ��� �' RA�ASEY CGUNTY � `��.My Commissicn Expires Aug. 16, tggg � �C�ifC117'clCn�`Y�rY�Y�y�7wiGG�G��iyY�yX STATE OF MINNESOTA ) ) SS. COINTY OF �MSEY ) The foregoing instrunzent was acknowledged before me this ��,� day of , 19�, by GARY E. STOUT, Director of Planna.ng and Economic ve opment ior the CITY OF SAINT PAUL, a municipal corporation o the State of Minnesota, on b alf of the Ci y of Saint Paul. ' � i , ����/ 1t M�MMMM����MM�`���MN�M�M�M� � �^�. KENNETH R. GAUTHIER STATE OF MINVESOTA � <:'.�_���; NOTARY PUBLIC-MINNESOTA � ��`"• rOUNTY � . SS• �5 �"'y���'?'� :"!.\C��y�:i Cir:. Niy Comm.Expfres M2r.31, 1985 COLTDITY OF RA.MSEY � %v�,����vvwvvvvvwvvvvvv.vvwvwy � The foregoing instr�unent was_ acknowledged before me this �I;�,-� day of '1-�> >�t� , 19 �So , by BERiVARD J. CARLSON, Director of Finance an T�.ar�agement Services for the CITY OF SAINT PAUL, a municipal corporation oi the State of Minnesota, on behalf of the City of Saint Paul. , � � �—r� l� 'C1,�-i.n�J �'� . 'Lh-C��_v r a s JEANNE M.ANDERT "�� NbTARY PUBUC—MINNESOTA RAMSEY COU NTY STATF. OF MINNESOTA � MyComm.ExpiresAprill0,ies� ) SS� � . (:0 UN TY OF FtAMS EY ) � - Th foregoing instrument was acknowledged before me this �` day of` , t� , 19�, by ROSE MIX, City Clerk for the CITY OF SAINT PAliL, a unzcipal corporation of the State of Minnesota, on behali of the ity of Saint Paul. z.�..ti^����s.�cns .•� ��•,, /�� � <s - , ,�n�e�!,�1�',h}j �� X� �� i � y L ^ .. ,., � � ,� ` + �,�LE ' cb, ;i t � =-R ;.� Nor,��,��r��iLic r ��N�:s�TA � `� `,•.;-��;; FA^„1ScY COU;^dTY �' `S '����� My Commission Expires Au t � Tr'ry'serr��iry�y�,✓C vvvv� . 9 �6, 7 98G � V�/r/G�/GWvW��GYNJ< I � ' " ' � � � � 'STA�'E OF���II�NESOTA ) �lp/l/1 ��1 ) SS. 0 COU;VTY OF 1�°4� ) �O r � On this 1�' day of , 19�, before me, a Notar Public within and for said County, appeared L.G.,pl� o� and G. L. G:hlLB�n�yY, , to me personally known, who, being each by me duly sworn, did say that they are respectively tne (J;Le. p�cSic�C�- and _AS�i$��tro�- I/l�.�-e��l.�ptV�-- of C::FORD DEVELOPMENT MIVNESOTA, INC., a i�linnesota corporation, that said instrument was signed by authority of its Board of Directors, and said L .0 • L�[/Z5(�r�'.� and 6.G, (�7���,y, acknowledged said instrument was the free act and deed of said corporation. �;.M1 BRIAN A. FIELD ' � �j,�� MOTAIW iUOLIC•MINNESOTA � HENNEPIN COUNTY �..•• My Commission Expires Oct. 10. 1985 . STATE OF MINNESOTA , ) qZ� � ) SS. COU NTY O� ) On this � da of L , 19 `� before me, a Notary Public within and for said County, appeared , t me personally known, who being by me duly swor did say that he � i the � ^ of CAPITAL HOSPITALITY CORPORATIO: a Minnesota corporation, and a general partner in ST. PAUL JOINT VENTURE, a 1rlinnesota partnership, that said instrument was signed by authority of its Board of Director's, and he (� acknowledged that said instrument �vas the free act and deed of said corporation. �� ` ,Y L� �� .-'»� c.Sasan r}zccmaR � �' '� NOTARY FUBIIC—MiNNESOIA STATE OF MINNESOTR ) � �, HENNEPIN COUNTY � SS. r MY�ammission expires Apr.1,198b COUNTY OF RANISEY ) On this ��a of , 1904, before me, a Notary Public within and for said County, appeared � / , o me personally known, who being by me duly sworn, did say that e (s#�e is the of SPH HOTEL COY3PANY, a Minnesota corporation, and a gene 1 partner in ST. PAUL JOINT VENTURE, a �Vlinnesota partnership, that said instrument was signed by authority of its Board of Directocs, and he (she) acknowledged that said instrument was the free act and deed of said corporation. � • r � CATHLEEN A.STAYBERG NOTARY PUBLIC—MINNESOTA DAK�TA COUNTY iW Commistioo Expires Otf.!0. 1985. Y � . 1 � 4� . � • �. � ' � S=':.'='; OF r:I_;ivESOTA ) • ZS .. . . ) S S. � CJu::�'� Or R��:SEY ) � On tzis � day of _ /y�,p� _, 19 �'G, before mc, a �;otary Pui�lic withir. ana for said County?~a�pc�red �, �, L A_P ��bV ��� _ � �..°, �V1�4/�/A�� , to ,:,e persor.alljT . nc•::n, eti o , e r. eacn bl� .e uly s�,•orn, did say that ta�y are respectively t�:e � and �_ of A.C. CLASEua_J rSSOC. , I:�C. , a :�iinr.esota corporation, :r:at�1c ir.stru.;,e-�t �,ras sigr.ed by authority of its Board of Direc�ors , and said .� �L,qd`��,� and _ �'; �. �,,�aN,�.,� ackno��ledged that saic ins�r��ent �aas tne free ac� and deed ot sai d corporation, j ••����_���,, 1 � ;` �.�p�, ._ t' r. ��.. �/ ' ������ . fi ,� , u� .. , �ERBERT P, '�E!� ' • ;�e Notary P�biic,Ramsey County,Mn. = _a;'�� �� � ,'Nycomm�ss►onexpiresuec,10,7985 �= � �'� ST�TE OF t-IINNESOTA � ' ) SS . ;j�>.' > �='.;°; .,, :�rt"�,`�•;. COU�ITY OF' RAb�LSEY ) '''•���!»ai,�,,,�., On this �� �� day a� ��'11r�_, , 19�C�, before r*ie, a Notary Public within and for said Cou*t�y , appeared� ��.� �'_ � ��� and ` ! . �,;��, �'?. .��� , to me personallv� a:•:: , w o , being eac�y r.e cu y swa�z, ai� � d saYl�tr.at tney are res_���ive?•:� �::e 11{' 3�iC1 �/� p: �i:':3 ���.:../1�' C0�0�=�=1��, � a :.�n�esota corporatior. , t�at saic ins;.ru-:e::t was sicned by autnority o� its Board o� Direc�a=s, and said ��� �- �-��� z�� , � , , ---, . �:.�.�-_�c =�� �z.-z-� ac'.�cnowled d t^a,, sai� ir.s�ru...a.t was tne tree ac� �na a�ed oi Jaia corporatian. ���r�e,;�—�1`1��:� �,•,�1�-�� , ;, , � .�w�, �i ��;,_ ��: � E ��_���� ;� � « ° 4 STAT� Or bSINVESOTA } � � �,:` N�,a:;:, � :,__ , �,��o�r� i , , - K;.a.•,���r c�_�_:.�;rr � SS . MY GCM"Q155104 EXFii�,^: F�:;l.:.`,iJ�$. COUtiTY OF R.�,I�iSr�Y � ��-. On this � day of L% �l � `, �% tt-,. r 1 �.. � }J� .UL'�` Ilk� , .l h��C,lt'\' Pu}�lic within and for said Coiui v , a�peared�_ �v�,n �,� �..,�fi,,v c '� ' ' � ��d ��:�:;�; _ , �..z�-,� , to nz personally r.o�•�n, wno , �eing eac . by ��e duly,�sworn, did say that tP@V are resoectively the ; ,�� and �,/� or � the . t�i� ti�:�:� i�y_IO��rL BntvF� A�:D TRUST CO?�:�DAi�1Y, a United Sta�es �anking coroora�ion, that said instrument was signed by aLthor�ty o= i�s Boazc of Directors, d;a 4'� S�1 G� lc%rn. ��.� -�cy"�'�t>7t. u:l G� -"'�-�t?'L�3� ���. i�tin ac:r.owle�gec .*'.���. Shc 1I1S�rL1Iit2ilt WzS t e Lr 2 'cC� d;1Cl Qe�G OL 531�_ ban:cing corporation. _�.ti,�-r°A�---12 c��ti�%�.�c�.';� �-�,�,=.�.,.�...`^.���—�"�.-�._._.� �;tA ...� L:��-_�,�:, c;�,,,_z'�l�f�_ � � ; , , ��r t�� ;`, �� n \` F �� , ���cra � e'�� ���.,�v,,�xP��" ,,.`".._.,�•�s d —_-__ a� � . . ' • \""... � ' � • • /�� .. . V • • ` O 5�c11.:. OL T-�:�:.LSQlE� � � ) SS. COu:�TY OF Z:u:SEY ) . On this ��day of `� , 19�, be�ore me, a \'o�ary � Public within and forw�' ounty, appeared �r� �. �o me personally known, who, being each � Dy ne duly sworn , did say that they are �espectirely the �+ nd 7�i������ of tilt? :OUSIi1G ?1ND RF:�D:VELOP- b��;T AL'TEORITY OF T�E CITY OF I;JT PAUL, r:Il�i,�.SG�A, a Min,-�esota public body corporate an� pol.i�ic, tha� sai.d instru:;�ent was sicned by authority o� its Board oi Cor�missioners , a,d said �aJ2�J ar.d p�v, , � r`�'��,,�knowled5ed said i:strument was the iree ac� anc ceed o= said co�poratio:�. ' - �:r;, 7 Y•� �` 1 /,� `� � � � - / ��MAhh/�/vV�hnnnM/�,1nMMnlJ�nMnMMA■ , 5 �"�->"`� KENNETH R. G,4!_'T1�IER � ? :.' > � �4t.��: �OTARY P FSLIC F'I';;JESOTA j . �„a Y � � �r� � � � rJy�:,m�.�.���FS n;a.,ai� 19II5 1�yWVVVVVVJWWWVV'✓VWVWVVYVWVWri � �1 .� . � ., � � BRE:�tER PROP�EtTY � � • Description � � � . � A tract of land located in Ramsey County, ;�linnesota, described as follows: , Lots �, 5 and 8, Block 4, "St. Paul Proper", according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Arlinnesota, except the SE'ly 5 feet thereof for alley. The North 1/2 of the South 1/3 of Lots 1, 2 and 3, Block 4, "Sto �aul Proper", according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, tiiinnesota, except the eas�erly 20 feet thereof. 02� EXHIBIT A , �..o. ��T Cx -rY or 5_� x �T I'.�. uz, c��::��: � ��� �,�� •ql � �� ,� � �� y•A 7 G l� . : � J ' 'v � . F � O. � . � . . � .. � /� ' i /? ��L'�'7��`.Li��CC. Ordinance N�. � �/J�/� � '� /���� / - �� :r,;c'd B; `�'r� - O � � Re!err=d To Comnittee: Date Out of Con:^ittee By Date AN ORD i N�',NCE M.'�K!NG PROV 1 S I ON TH.�R�FOR A`�D GP,AP�Tf�;G U;rTO TNE . NOUSING AND P.�D�VELOPHENT AUTHORlTY OF THE CiTY OF SAlNT PAUI., Hf��tt�SOir",, A HIN1�c'SOTA CGRPORATlO�a, Ah'D !TS SEICCESS��S OR ti5SlG�;S, PcR.`itS51Q� TO CO�iSiP,UCT, HAiliTA1N AP�D OPERr1TE 7HE FOLLOt11NG OVER- � HEAD PED�STRIAN PASSAGEUAYS OVER PUBLtC STRtETS Wl7Ht�� THE CORPORA7c . LlriITS QF THc G1TY OF SAIP�T PAUL; �.�1D . �) ACF;OSS EAS7° SIX7�i STREET SE7tiJcEt� THE tl2TERSECT10T1 7HERE- W1TN OF MINNESOTQ STREET AttO CEGAR STREET, SAtD OVERH��D •PEDES7RIAN PASSAG�WAY TO BE EX1'ENDED FROH THt" EXISSlt�G NORTFiUESTE:��t KF,T!0!��1. BAr1K (tdOr',TNUES7 CR�JSS!N�1) ON 7H� SOUTH 5!DE Or EAST 5 I XTH STREcT TO Tr{E RAD t SSOy FiOTcL/T0�'�1 SQUARE COHPLEX ON TNt NORT�! SIDE 0� EAST StXTH, S7RtET. • 2� ACROSS N�lNtlESC7A STREET B�T1,'�tN Tf',� triT�nSECT10�1 TH:Fct,'1TH Or EA57 SEVc?ti;:t PLACE Ar.D EAST S IXTN S i�EET, SAf D Ov"tr',H�AD ?EDtSiRiF.N PF.SS;,GrI�li1Y TO BE E��!i�ts� FFOH it{� P,ADtSSO�a H07EL1 TC1W:�a SQU<�Rc COH?L�X ON THE l.'�ST S t�Dc Oc= u l i,�;�50TA STREE? Tp � ' �' TNE BR�H�R BJ 1 LD f NG QN THE c�;ST 5 J Dc 0� 'i l t;";cSOTA S7R=cT. THE COUNCIL OF THE CITY 0� SAJNT PAUL DOES ORDA1?�: � Secti�n I . That permission ar� authorlty hereby are graRted to the Nousing and Re- de�•elopr,ent Authority of the C(ty of Saint °aul , Minnesota, a Min�esota corporation and/or its successors in interest to construct, maintain and ouer- ate the ,`oJlowing ovenc�ad pedestrlan p�ss�gew�ys over publlc strrrt: within tha corporate Iimits of the C1ty of Saint P�ut ; and � ' • E?C�iI3IT B COU:rCIL'�ir^.,ti � — .- .s �a},S ReqLested by Depa:;^ent of: B:�ti°- � Hoz� In F'avor + Hu�t � L``��'' hgainst I gY ;�faddox - , Sno:vafter i ' TeC:s_o � . ��zd by Co��ci:: Date i �a�� Approved by�City 'ttorney;� � r �� n �C F'assed by Cocr.cil Secretar By "� l � ����c� Y I / �C . � r n\ 1 'J '.t -•:r? by �:�yor: Datc � A??C , 5y �!ay�c f�: 5:.��ni�f Sio� to Co���il r^ , '' �� � � � /.,__-/ �"x'�- . � „ n•' -'� , ; � n �. . _ , ' `-�u l / �• - - -2- ,� �'. . ' ' � ��(±;i f:r- �. � �� . � . . �O 1 ) across East Sixth Sireet between the intersection therewith O of Hinncsota Street and Cedar Street� said ovenc�ad pedestrian � passageway to be extended fron the existing ��orthwestern t�ational Eank (Northti,cst Crossing} on the south side of East Sixth Strcet to t�a Radisson tiotellTorm Square Conplex on the north side af , East Sixth Str�eL. 2) across Minnesota Street bet�,�en. the intersection thereNith of East Seventh Place a�d East Sixth Street, said overhead pedes- tria� passage�ay to be extended fran the Radisson Ho[e1/Torm � Square Cor�,plex on the r�rest side of Ninnesota Straet io the Brerrr Building an the east side of Hinnesota Street. ' Seetian 2. That the Director of Pubii� 1Jork"s is hereby authorized to issue necessary permits to said permlttee, the Housing and Redeveloprw nt Authority of the City of Saint Paul , Ninnesota� for thc construction� rr,aintenance� and operation of said ove�head pedestrian passageways according to the plans and specifications apprbved by the Department of Public Wor�:s and at the s�parate cost and expense of said permittee� upon said perr,�ittee's cocnpliance Nith the following conditions. a. That said permittee and/or its successors in interest sha11 , at its . "" own cost and expens� and in accordance with al.l ap�licabie ordinances � of the City �f Saint Pa�l , statutes of the State or Hinneso*a and regulatio��s o` pubiic au�hority having cognizanc�, co�struc� , nain- � tain, and operate said overhead pedestrian passageways hcrcundcr; . b. That said pernittee shall pay the costs for the publication of th i s Ord i r,anc�; c. That said permittee shall pay the costs of adninistration, cnyin- eering, and ir�spection incurred by the Departnent of Public 4Jorks due to this under°ta�ing, said costs are estimated ;o be a sun of . • Six Hundred Dollars {$600.00) for eaeh overhead pedestrian passageway notcd abave and shalt be accounted for under se�:,rice Dcpartmcnt of Publie k'orks Projcct Numbcr(s) ; d. That said permittee shall furnish the Department of Public 1.'orS:s , -- all documents of record for each overhead pedestrian passa,ew�y above, that are a part of the contract or incidental to its execution including, but not limited to, addenduns , award of contract, contract amount, "as built" plans , tracings and tracings of shop plans; e. That said p�rmi ;tee shall construct each overhead pedestrian passage- way to the satisfaction of the Director of Public �.'orks and in accordance with approved plans and specifications o` the Housing and Redevelo�nent Authority of the City of Saint Pae:l , Ninnesota � said plans and speciPications on file in the Departrrent of Pubiic �.'orks. . �. y � . c�>� , .-, ,— � �.� .' � . . • n.+ < <i l;��.� '� •, , _3_ l�^ _ . a �� ��7 � 0 �y Such construcLion shall be nade in strict cor:aiiance with the ��crlcan Association of State Highway and Trar,sportation f?rficials (E.ASHTO) Specifications � as ar.+ended, and the Uniform Quilding Code and be authorized under a building permit issued by the Oepartr�ent of Cor:z-:c�nity Servi�es, Divislon of Housing and Building Code • EnforcG�;nt; f. That said permittee and/or it� successors in interest shall futiy inde�nify, hold harr�less, and defend the City of Saint Paul , its agcnts , officers and employees from any arid all dar�agcs, ciaims� � losses� judgments, sults or expenses anu on account of ati clair�s � of �a:ever nature for inJury to person{s) and/or proaerty arising ' out of or c�nnected Nitti the construction , erection, maintenance� operation and/o� renoval of each overhead pedestrian passagci�ay he�eunc'er; and that supplemer�tal to all otf�er obligatiorrs � on their part� joi�tly and/or severally, hereunder, said permi[tee and/or its su�cessors in inte�est �hall furnish and rr.aintain and pay all . premiums and other er,penses therefor, Casualty lnsurance Coverage, with a duly licensed Casuaity lnsurance Company to the ,extent or $500,000.00 for injury to any p�rson and/or perso�s in any single ' incident, and to the extent o` $200,OQ0.00. for da-�age to property in any single accident , ir.;!er�nifying t`�e City of Saint Paul against tiability on accoun� o` r:' � claims of third persons Tor injury to • person(s) and/or property arisino rron or connected with the con- . '- structiarr� erection, naintenance � operation and/or removat of said structures hereunder, at all tines, a�d to furnish co�petent evidence . of said coverage, frorn time to time, to the Director af Finance and lianage;,,ent S�rv i ces of the C i ty of Sa i nt ?au 1 ; g. That said pernittee shall not proceed with construction unless and until said permittee shali have ful..ly ca-olied w.ir.h the provisions recarding lnsut°ance and indemnification contained in the City of Saint Paul , Departme�t ar Publie l�orks "Standard Supalerr�ntal Speci- fications for Highway Constru�tion", dated June 1 , 1978, Section nur:.bered 1305.2e For the purpose of this Ordinance, the a`oresaid Section of said Specifications �shall be read as though the word "permittee" was substituted for the word "contr�ctof" wh��r�vcr same appears therein. Section t3o5.2 0` the Dep�rtment of Public 1Jori�s, City of Saint Paul "Standard Su�plemental Specificatlons for Hiqh- way Construciion" dated June 1 , 197$ is hereby incorporated herein • -- by reference as F��lly and as cor.��letely as If set Forth herein verbatim. h. That said pemittee and/or its successors in interest, shall ar�ong other things , at their own cosc and expense rake adequate and effective provisions therefor and drain all moisture , rain and snow which sha11 accumulate thereo� by proper devices through each over- head pedestrian passageway and in a manner so that the flowinq and/ or spilling of same on any part of said sections of said Public Streets shali' be prevented at all times. Said pernittce and/or its �5� . -4- ' ' rG �=��Jr"1 1•�• �. • ,. . ' 1 , ' J •NO , successors in interest sha1J naintain and oaerate each over- � head peCestrian passageway at its soie cost and expense in a ry safe condition for pedestrian tr.avel � such maintenance to include, but sha11 not be iinited Lo, glass�_,floor, retal trim, and hard- ware cleaning, polishing, and replacement; roof r;aintenance; . re�ainting; light bulb replacement and light fixture cleaning; and � the supply of heat�d and cooled air within each bridqe to maintain tenperatures conparable to that normally maintained within heated . and air-conditioned office spaces; i . That sai,d permittee ar,d/or it� successors in interest shall , at �all times, constru�t and raintain all of the supports of each overhead ' pedestrian passageway noted above entirely withln the lines oF the subject p�ivat� real estate and entirely withaut pubiic street rights-of-way; j . That said permi�tee sha11 notify the ?raffic Bureau of th� �epart- ment oF Publie Works if the canstruction or maintenance of each - overhead �edestrian passageway s'�all make necessarX the closing of Hinnesota/East Sixth Streets or any part thereo`;all expenses • incurred by the Tra�fi� Bureau in furnishing, ins:alling� or re- rroving barricadesf signs, and other control devices shalt be paid by the permittee; -� k. That said permittee and/or its successors in interest shall not use any �iart of either overhead pedestrian� passageway for any advertise- ment or display purposes , r�ithout the written consent of the City of Saint Paul and tE�e application thereto of any advertising materlal � or display shall be deened prohidited by this Ordiriance; l . That said permittee and/or its successors tn interest shall � at all . pertirtPnt tir.,�s , in the constructfon, maintenance, and �op�ration' of �1 each overhead p�destrian passageway hereunder, provlde a mTr,imum vertical cl�arance of aC least 17 fect 4 inches between and through- o�t the cours� of Lhe bottom of each structure and che surface of each section of Nlnresota/East Slxth Streets� except az r^.ay be altered by the Clty's future street �+ork fn each case; m. 7hat said permi [tee expressly agrees to co�-iply rrith ChapCet° 216� of the Sa1nt Faul Legislative Codt, as amencied� pertaining to sLreet ' __ obstructions; n. That said pernittec and/or its successors in lnterest shaii con�lcLe the construction and crection of each ovenc�ad pedestrian passage- way by r�ot iater than one (1 ) year after eo+Tr.�ercement of constructlon, Said carrw_ncenent shall be evldenced by Public �.'orks' receip� oF a written notlflcatlon thereof, and shail be dated thereln, as furiher provided for under Paragraph (o) belo+�r; � . + �� � � ,. . , .�,4� 1 f , � � ` • ' �5 � f a -'�i:.: o. That said permittee sha11 notify the City 3riCge E^gineer o` the De�artn�nt of Public 4lorks b::`ore and w•h°n construction starts and notify the sane said Erid�c En,inccr whcn corsstruc[ion has been completed ta allow for a final inspection of each over- head pedestrian passageway hereunder. � , p. That each averhead pedestrian passaoeway shall be rer,aoved by . and at the soie cost and expens� o` said permiCtee and/or i[s successors in interest whenever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the pubiic interest and accordingly order the removal of either structure from said locat3on; . q. That sai� permitt�e shall � withirs th� period of tcn (10) days aft�r the pubiication or this Ordinance, file with the Clty Cierk its written acceptance of tihis O;dir.ance and agreer,.�nt to be bound by all Che �rovtsions, terms- and conditions th,�reor without limitation which wriCten Instrument of acceptance and agreerent - shalt b� ir� the form appraved by the City Attarneyi r: That upon the execution of an �,gree.^�ent by and between the City o` Saint Paul ,"'the liousing and Redevele�ment Ru;hority of the City of Saint Paul , Minnesota, and Che aaalica�le buitdi�g/property o�ners ' respec;ing the a`oresaid pedestrian passace�ays noted above, the � '- pe;�ittee, the Housing and Redevelo�n�nt �.uthority of the City oF ' Sai�t Paul , Hinnesota shall be relieved of any fur:he; obliGation , under the terns of this Ordinance, and tne successors in interest � of Utie pen-nitte�� the appiicable building/property owners , shali b� � responsible for paying the insurance premiu�s of eac� ovenc�ad pedestrian passageway cannecting their buildings and shall aiso be responsible For providing the maintenance and operation of same: s, That up�r► the Nousing and kedevel�p^�ent Au�horlcy's conveyance of 1ts o�ltgaLions under the terms of this Ordinancc to the above successors 1r interest� sald pefnittee's successors in interest shali fur�nlsh and deliver unto the City of Saint Paul a Surety Bond in ihc a:-�ount of Fifty 7housand Dollars (550�000.00) For e�ch �v�r- head pedcstr'1�n passagcN�y (bridgc) hcreun�icr� m,icic and cxccutcd by said permittee's successors in in;erest as Principal , and a Corporate Surety Company duly authorized to transact bus(r,ess in the Scate of _. Minncsota as Surety� to and In favor of Lhe City of Saint P�ul as obligee, condltioned upon the pe mltt�e's succe5sors in lnterest complying with the tet�ns and condltlons of this Ordinance and aiso conditioned that, In the event [he pernittee's successors In Interest fail to maintain or repair each overhead p�dcsrrlan passagcti+ay to a reasonable standard �f safety� or fail to rcmove ctthcr overhead pedestrian passageway hereunder upon ord�r by the CouncTi , the CIty of Saint Paul nay undertaS:c the raintcnance� rcpair or r�moval thereof and may recover its reasonable cost incurred thereby froR, said surety, which Surety Bond shall rer.,aln in full force and effect as tong as each overhead pedestrt�n passageNay or any part thereof re.�ains in that portion a� pubtic rights-of-Nay as show� on pia�s on file wi �h the Qepart-. c�nt of Public �orks. The Surety Eond shall be in such form as shail b� �7 � ••• ..' ' �/� '�/ALLZI��G�!'ZtriG� Ordinar.ce NO. I ��'(/� � � �'S°nted B ` /�,1`�?�-- Y Refe:red To Corr^,i;te�: Date � Out of Conr;,ittee By p�f�, _ � . — O ' ' cb . . � �6- (1S ,; approved by the City Attorney, and shall. have• such surety as shall be approved by the [1ir�ctor of Finance �nd N�anagenent Services; . t. That said permit�e� and/or its suecessors in inte rest shalt submit proposed plans and sp�cifications to the Dep�rtmcnt of Public Works for review and approval of any intended structural repairs or major rraintenance work on each bridge, before any such work is carried out. Upon completion of sueh structural repaIrs approved by the Departnent , . of P4�b1iG �lorks, pernanent reproducible traci'ngs snall be furnished the DeparCment showing the w�rk done and mar�:ed with any "as buiit" . _ changes� as weil as reproducible shop drawing tracings of the sane; u. That the successnrs in snterest to th� permittee in each tnstance snall submit the n�cessary insurance decu.-ents to t�e Office Engineer � _. of the Deaartnent of Puc,lic Works . The C�fice Enginee� in turn shall • subr�it said docu;�ents to the City Attorn-�y oF the City o� Saint Paul for review and, if szid insurance is sufricient, said docu�ents shall . be r"iled �aith the Director of Finance 6 Hanayeme�� Services of the . City of Saint Pa��l . Sectlon 3� That this Ot°dinance shall take effec� ar,d be in force thIrty (30) days fron and aTter iL� passage, approval and publication. COUNCILhti:h' i � Requested by Deparimcn; of: s �4�i�:r�;'�0\ Na�'s ,�� Pub 1 i c 4lorks ,}}r..�- _ [n Favor �•, , � � Hun: 0 �� � }�L.L�� �. I � �� � l L.evine Against BY � ' � bfaddox Donald E. Nygaard , DirecZoJf(TJE/RAH) Show•�'• . � CSCO • •c by Coun .: Daie f���' 1 '� ��� Fom A�p;oved bp Cit�'S� A;torney �;� ...: 1 ed ed by our�� Secretar • By - 1 (1���/'.�,��_ Y � � �, ` � ',`, r. ^^` � I. ,. 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O �-� O ,� .� � � z �� � ; ��5 ! r�- �� � ' 0 -D , l � �" . � „� � . . � . _�_ • � �J �� . _ J -3-; ; ; � � (� o / � o � I � � � m z -- . ��. ` �` " �I . 's c� • ; i c . , , � , � i ; i � ,'�rA J �'u �_; '''"' � m _ - - - - - - ,." \ � - - - - - - - - - - ; / , J Minnesata Stree� ' ' , , , , , , , � , -- ----- - -�--- � --r:: � ;� �-�` ;� � ������� � �. � y rn � j- . n � -�� � —I - O ' � � rn � � -r � I � � ; � � rn 3 m � � � C � f C� _. ._-- --I � � •., m � r+ X I -- - = f � � �. � � � � c� _ -n -i � rn _ - d ..� rn z � � � r- �- --� I � � 1 . . � �� � ; . �. �'��!��'�"� �' � GRANT OF EASE_�IENT � � .,� . . � �b � WHEREAS, ANB REALTY CORPORATION, a �'4iinnesota corporation, is the owner �/ in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Nlinnesota, more particularly described in Exhibit 1 attach�d hereto, hereinafter called "Grantors' Property", and ANIERICAN NATIONAL BAVK AND TRUST C0��IPANY, a United States banking corporation, is presently a lessee of the Property from ANB Realty Cor- poration, and American National Bank and Trust Company is sublessor of the Property to A. C. CLASEMAN ac ASSOC., INC., a Minnesota corporation, as sublessee, all of whom are collectively referred to herein as "Grantors"; and WHEREAS, Grantors have agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Niinnesota, the City of Saint Paul, Grantors, Bremer Towers, Oxford Development Nlinnesota, Inc., and St. Paul Joint Venture, to grant t� the City of Saint Paul a public easement for purposes of pedestrian ingress, egress and transit through C'�rantors' Property for the Pedestrian Concourse System of the City of Saint Faul, h�reinafter the "System". NOW THEREFORE, in pursuance �f that Agreement, �nd in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantors, far themselves, their respective successors and assigns, do hereby grant unto the CITY OF SAINT PAUL, a l�linnesota municipal corporation, an easement for the use and benefit of the public for public pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as foilows: all of which above described areas shall �ie collectively referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable police measures regarding open hours and closing any part or all of the easement area within, on or over Grantors' Property, and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from tirne to time determine. The public's right herein to ingress and egress and pedestrian transit in and through the easement area grant to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) or all of the easement areas within or on Grantors' Property as the City of Saint Paul may, by agreement with the Grantors or their successors or assigns, from time to time determine. This provision shall not diminish City's right ta, from time to time, exercise its police powers unilaterally, by ordinance, concerning open f�ours, or temporarily closing part(s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict the City's easement interest, but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's easement during the hours so agreed or legislated. Grantors reserve unto themselves the unconditional right and privilege of selling, conveying and transferring the Property described above or any interest therein to any corpo�ation, corporations, trust, trusts, individual, partnerships, or other form of venture. In the event of transfer of the Grantors' or any one of them of its interest in the Property, the Grantors (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of Grantors (seller) contained in the aforesaid Agreement thereafter to be performed; provided that Grantors' successor fully and without limitation assumes in writing all duties, responsibilities and covenants of the Grantors thereunder and hereunder. EXHIBIT D `3/ . � . Z ������ r , � The grant of easement herein sh211 be subject to the right of the Grantors to change � the location of the easement conditioned upon ihe 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 Grantors, and, on the further � condition that no change in the easement location shall be made without approv=i of the � Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Pa�l, such approval not to be unreasonab!� witnheld, and on the further condition that said new easem ent shall be surveyed and described by a registered land surveyor at the expense of Grantors. j Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events: � A. In th� event the easement granted herein is vacated, abandoned or terminated in th� manner permitted by law. B. In tl-�e event tt�e building(s) in, upon or ovec which the easement area is located shall be substantially destroyed or demolished and such building(s) shall not be repaired or recanstructed; provided, however., that in the event such building(s) be reconstructed or replaced, in substantially the same location, Grantors, their successors and assigns, agree that, without further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, City shall furnish a retease of such easement or portion thereof to Grantors, their successors or assigns. Grantors, for themsetves, their respective successor� and assigns, do hereby agree for and during the life of said easement, Grantors or their designee by separate agreement, shall be respansible for and provide for tne cost of all repairs, operations, improvements and replacements of the easement area as described herein, it being understood tnat the aforesaid covenant shall run �vith the land. � �— :ti �. � 3. . � � . . . . • � ' . TO liAVE AND �0 HOLD said public easemnnt for pedestrian ingress , A egress and transit until the System is vacated or abazdoned in the � r.,a^r.e= permitted by law, or terninated in accordance nerewit'�. O � ItJ WITtiESS P�lEREOF, Grantors have l7ereunto set tl:cir hancis this day of , 19 ( S E A L ) A.�SERICA:V NATIONAL BANK AND TRUST CODIP?utiY Bv Its By � Its ( S E A L ) ANB REALTY CORPO?�ATION By Its Ey Its ( S E .A L �). - A. C. CLhSEMAN & ASSOC. , INC. BY I�s By Its iFiZS INSTRU'r'�NT WAS DRAFTED BY : 33 . . 4 . - . . . . . _ � : _.,lt��T��E• OF n.ZIJIIESOTA ) � ,����� � ) SS. �r COUNTY Or RA2�:SEY ) • o On this . day of , 19 , before me, a Notary � Pu:�lic within and for said County , appeared and , to me personally no�,•n, wno, eing eacn � by me cu y sworn, cia say that they are respectively the and � of A.C. CLASENiA?v & ASSOC.�, I,�C. , a Minneso`a cor�oration, t� at sai instrument was signed by authority of its Board of Directors, and said � zn� � acknowledged that saia instru.-�ent was t�e free act and eed o� said 'corporation. STAZ� Or MITTi�1ESOTA ) ) SS. - COUNTY OF R�MSEY ) On this day of , 19 , before r�e, a Notary Public within a�—for said County , appeared and ' , to me personally� .nown, wno, being eacn Dy r,ie du y sworn, z say tnat they are respectively the and of �B F;.ALTY CORPORaTION, a riinnesota corporation, }�hat saia instru.-aent was signed by authority � o� its �o�d of Directors , and said � - and acknowledge tnat saia instru.�ent was the ' ree act ana aee o= saia corporation. STATE OF MIIvT?ESO�TA ) ) SS . COUNTY OF R�LSEY ) On th is day of , 19 , be�or� me, a Notary � PubZic within and for said County, appeared and , to me personally nown, wno, eing eacn by me auly sworn, ai say that they are respectively the and of the :'�.•.L�: L1. I�ATIO:�'AL �I�� �N�J TRUST COM..pANY, a Unite States anking corporation, th a� said instrument was signed by aut�.zority of its Board of Directors, and said and acknowledged t at saia instrw-nent was t e �ree act an aee oz saia banking corporation. 3 � , � , • . . . , ,� � a ���'���� � . � � � � 4. I:�SURANCE .` The coniractor shall furnish proof of insurance directly to the City Attorney prior . to commencing worke The contractor shall hold harmless and �efend the City, where applicable, against any and all claims for property damage and claims for injury to or death of one, or more than one, person, because of accidents which may occur or result from operations under the contract.' The contractor shall pay any judgment against the City resulting from any such suit. The City shall have the right at its option to participate in any such litigation without reli�ving the contractor of any of its obligations. The contracto: shall carry the following insurance naming the City as a co-insured thereon: A. Contractors Public Liability Ins�rance with limits of $500,000/$500,000 naming and protecting the contractor, a!1 subcontractors, against clairims for injury to or death of one or more persons as a result of accidents which may occur at the site from aperation under the contract. B. Property Damage Insurance witFi limits of $150,000/$300,000 C. Workmen's Compensation Insurance in compliance �4�ith t'r,e Laws of the State of �1�'iinnesota. D. Automobile Insurance, including o�vned, hired and non-owned vehicle coverage li;nits of $100,�00/$3GO,OQO bodily injury and $SOS000 per occurrence property damage. 3 S� EXHIBIT E-1 ` r .� y , , . �' ��^��� r� �% � 6 � I:\SCIRANCE '� �o ;�iodify Section 4 of the General Conditions, ds foliows: � t� {Y a. Insert the following after City: -' "and Hammel, Green and Abrahamson, Inc." � b. Paragraph B: Property Damage Insuranc�. Delete this portion of the paragraph in its entirety and insert the following in its place: "Property Damage Insurance in the amount of not less than $500,000 for all damages to or destruction of property in any ene accident, and subject to that limit per accident; further subject to a total of not less than $1,000,000 for all damages to or destruction of property durino the policy period. c. Paragraph C:, The Builder's Risk Insurance shall be for the benefit of tnz Contractor, the City of St. Paul, the HRA ar►d the abutting property o�vners as their interests may zppear in the value of the cost of the work under this contract, dnd each shall 'oe specifically named in tnz policy or �nlicies as an Insured; or at the Contractor's option, a Blanket Owner's Protective Policy covering all Owners (including adjacent building owners) may be provideci in lieu of the above Builder's Risk Insurance and the City of St. Paul Uniiorm Certificate of Insurance. d. Add the following after paragrapn C: E. The Contractor shall also cause to have executed the C,ity of Saint Paul "Uniform Endorsement" reGuired by tnz Saint Paul Legislative Co�e, as ame�d�e. This forn� can be obtained at the service desk on the 6th Floor oi ihe City Hail Annex. EXHIBIT E-2 . � � . ; . . . � �����_ � . , � . R � � � D � ` J O � � � � �� � � TN �� = C� D , _ , - . � -o°-�_ � � � � . � o -� � � ! � � m r/�� ,,,� � �, � a o �,,,, � � � � V �. !n 4 -F '77 C �"1 a � � � � m ° � � � � v ' ` L � ° -� � � � n �7 z �� ...�, �� � � ��� � '� � � z � �C� • .�� � c?- � �_ t'' .-. � � O � � � � (- � � � � \ r� � � � � 4 � � � � � :� � � ��' `° o i� � �.J a�j� 0 �. A � � � � ' C:, i7 � , � C�l.r.� ro :� � � �:... �l�� � �, �� n' � h J �� � � M C - � � � � �._ � - �G .-r � � �'��.�" 1 � C .-�i. 1.':` �