277054 WHITE - CITY CLERK (�al�(���
PINK - FINANCE J � F
CANARY - DEPARTMENT � COUIICII f„�
BLUE - MAYO G I T Y O F S A I N T � A U L File N O.
City Attny�PBB
Co ci R l 'on
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 January 9 , 1980,
between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Pau1; Degree of Honor
Protective Association; Catharine Rosen; St. Paul Joint Venture;
and Title Insurance Company of Minnesota, attached hereto, whieh
Agreement contains covenants and obligations touching and con-
cerning the following described property in the City of Saint
Paul:
Lots l, 4, 11, 12 and 13, Block 23, City of
Saint Paul (St. Paul Proper) ;
and
BE IT FURTHER RESOLVED, that the City Cler]c is authorized
and directed to file a certified copy of this Resolution (with
attachments) in the Office of the County Recorder, Ramsey County.
COUI�CILMEN Requestgd by Department of:
Yeas Nays
Hunt
_ Levine [n Favor
Maddox
showatter - � -- Against BY —
3.r.MO..
Wilson
Adopted by Council: Date �l�L� F'" ��1 Form App ved by C' At rney
.
Certified Pa�se y Coun 1 Se tary BY ' G ���-�I
g}. �'���� __ .
Appro :Navor: Da �� `Z, 4 IUQt A pr ve by Mayor for u m ' n to Council
By - B
UBLISHE� ,�UL 3 j�i
. .. ::,... . . .- . - . . . : . -- .. � . . . y --, , . . .. .: �I
� , . . .. . �... � . . .. . . . . . , . . . .
: . e. � � ����s y :
; ,
, � , __
. _
� : . . . - -
' June 29, 1981 , :
. • _ _
` " � -_ -
, �
County Recorder , .
� Room. 155, City Hall - , _
Bnflding - . � :
_ - ,
Dear Sir: ;
Eaclosed'£or filfng in your office is a certffi�d .copy of £��. No. . , � ,
" 277054 and its attachmeat. This resolution was adopted by the St,. ,
� Paul City Cotincil on .Tune 25� 1981. .
Very -txuly �►ours, .
. . .. . � ' , . � ' . . . . . .. ,t j . �
, .. . _ � . � . � ' � � ... � : . _ � .. ...,. .
, -� , . . .. , . ,.
� � .� - � . , . . �� . � :,�� ',y. ( /...,� �l.,', "�.� ' .� , �
, � �lber�. B. Olson f f - „ '
Citp �lerk
, Atta�h. ,
. �h �
r,
- . i
- : �,
/ . ' .
- �;
' . . � . . � . _ . . � .. . . �� . . . �`�'k
� � � . � � . . .. .. � . � � � . . . . . . . . , . . .. .'.
. . (_ . . . � . � - �' . - . .. . . . . .. . ., � . . , .-
. , . , i ' ' � . . _ _. . . . . ' ' . .. ,
. i . . , - - . . . . _ .. � , . . .. .. -_ . . .. .. . -
. I . / . . ' _ r . , . ,. . ' .. ' � .. � � ��P `��}3 �:
_ � �r( l.
_ . �"
. Degree/Rosen/Venture
, .
2'�`��?<5�
AGREEMENT
�.,.
THIS AGREEMENT made and entered into this ��day of (,�,�,/ , 19�(�
by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CI Y OF SAINT
PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter referred to as
the "HRA", CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City",
DEGREE OF HONOR PROTECTIVE ASSOCIATION, Minnesota fraternal benefit association,
A
hereinafter referred to as "Degree", CATH�RINE ROSEN, a single person, owner of the Minnesota
Title Building at 24 East Fourth Street, Saint Paul, Minnesota, hereinafter respectively "Rosen"
and "Minnesota Title Building", ST. PAUL JOIN"T VENTURE, a Minnesota partnership consisting
of Capital Hospitality Corporation, a Minnesota corporation, as a general partner, and SPH Hotel
Company, a Minnesota corporation, as a general partner, hereinafter referred to as "Venture",
whose premises, i.e., the St. Paul R;adisson Hotel, is hereinafter referred to as "Hotel", and TITLE
_� llVSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, formerly St. Paul Abstract
and Title Guaranty Company, hereinafter referred to as "Minnesota Title".
WITNESSETH:
WHEREAS, the City and HRA, through the Downtown Urban Renewal Project, Minn.
R-20, undertook to develop a pedestrian skyway system, hereinafter "the System", within the
Downtown Central Business District; and
WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota 1973, is authorized
to operate the System; and
WHEREAS, all parties hereto are desirous of access to the System; and
WHEREAS, remodeling of the Degree of Honor Building, the Minnesota Title Building,
and the Hotel are necessary in order to accommodate the System; and
� WHEREAS, substantial public monies have been expended for the continuation and expan-
sion of the System; and
� WHEREAS, substantial public monies will be expended for the design and remodeling
of areas within the aforementioned buildings; and
• ' -2-
����-��
WHEREAS, a benefit will inure to the respective building owners by virtue of being
� linked to the System.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
BRIDGE CONSTRUCTION
1. The HRA agrees to design, construct and pay for a skyway bridge over the Degree of
Honor Building's auditorium connecting the Degree of Honor Building to the Minnesota Title
Building in accordance with HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourses herein prepared for HRA by Hammel, Green and Abrahamson, dated
October 12, 1979, also known as Bid No. A8398-5, and reviewed by all parties hereto. Said bridge
shall include support structures, related equipment for heating, ventilating, air conditioning
("HVAC") and lighting tied into the systems of abutting buildings, glass doors at the Degree end of
the skyway bridge, fire doors at the Minnesota Title Building end, finishing at both bridge ends, and
� insulated glass to the extent glass is used to enclose said skyway bridge. 'The HVAC facilities
within the skyway bridge shall be tied into a HVAC unit placed on the Minnesota Title Building.
This HVAC unit shall be tied into a steam source within the Hotel. The HVAC electrical system
and bridge lighting system shall be tied into the electrical system of Degree. HRA will accomplish
and pay for any mechanical system and electrical system installations and connections as are
contained in the approved plans and specifications and which are shown as part of the HRA
construction contract. The bridge roof drainage system shall be via scuppers onto the auditorium
roof below.
2. HRA will include a provision in its contract for the construction of the skyway
bridge and pedestrian concourses whereby the contractor consents to the assignment of warranties
as to the skyway bridge to the owners of abutting buildings and to Venture and Rosen, and as
to the pedestrian concourses in the Minnesota Title Building and Hotel to Venture, and as to the
� pedestrian concourse in Degree to Degree, and HRA shall assign such warranties to them upon
approved completion, without relinquishing its own rights under such warranties, and, if necessary,
. -3-
HRA will cooperate and assist in any prosecution of lawful and proper claims such owners and
Cassignees may later assert against the contractor(s) and/or architects or others arising from faulty
design or construction of the skyway bridge.
CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES
3. Except for the remodeling and construction which the HRA has agreed to perform
either herein or in that certain Skyway Agreement by and among HRA, City, Degree and Minnesota
Mutual Life Insurance Company (MML) concerning the skyway bridge over East Fourth Street
between Cedar and Wabasha Streets, and its adjacent concourse, all building owners agree to
undertake any alterations or remodeling at their own expense within the private areas of their
own buildings; however, HRA agrees to provide such other improvements, alterations or repairs
at its expense within the Degree Building which may be necessary and proper to complete the
bridge and concourse within the Degree Building itself, including restoration of any elements
�
necessarily disturbed as a result of such bridge and concourse construction in the Degree Building.
� 4. In accordance with the aforementioned plans, HRA will construct a pedestrian
concourse extending through Degree, which connects the skyway bridge over the auditorium with
the skyway bridge over Fourth Street. As to cost responsibility for this pedestrian concourse,
HRA will pay for all system elements as noted in the said plans with the exception that Degree
will pay one-half the costs for new partition walls and the full cost for the wall sheathing and
its final finish (painting, wall covering, etc.) on that portion of the partition facing private areas.
5. In accordance with the aforementioned plans, HRA will construct a pedestrian
concourse, extending through the Minnesota Title Building, which connects the new pedestrian
concourse in Hotel with the skyway bridge over the auditorium roof. As to cost responsibility
for this pedestrian concourse, the HRA will pay for all System elements as noted in the said plans
with the exception that Minnesota Title will pay for painting, wall covering and finishing partition
wall surfaces facing its private area(s).
�
• ' -4-
6. In accordance with the aforementioned plans, the HRA will construct a pedestrian
Cconcourse extending through the ramp, which connects the Hotel with the new pedestrian concourse
in the Minnesota Title Building. As to cost responsibility for this pedestrian concourse, HRA will
pay for all System elements as noted in the said plans, with the exception that Venture will
pay the full cost of the finish (paint, wall covering, etc.) on that wall surface facing the parking
ramp.
7. All parties in accordance with their respective responsibilities hereunder agree
that in the construction, maintenance, repair and operation of the skyway bridge and pedestrian
concourses designated herein, they shall be bound by all City codes and ordinances governing
or relating to the System insofar as applicable.
8. Minnesota Title agrees that the smoke/fire detection system existing on its premises
shall be extended, at its expense, to include sensors to be located in that portion of the pedestrian
concourse located on its premises. .
� EASEMENTS
9. Upon completion of construction and furnishing to the building owners an architect's
certificate certifying substantial completion in accordance with the plans and specifications
of the construction involved, all property owners shall grant to the City without further consideration
a public easement for the System through their respective buildings and/or over their respective
properties in the precise form attached hereto as Exhibits A-1 through A-3, respectively. The
physical description contained in each easement shall be in accordance with the aforesaid plans
relating to the respective buildings and with the general configuration and dimensions described
in Exhibit B. In addition, the physical description of that portion of the easement to be granted
by Venture in the Hotel extending from the second floor pedestrian concourse in the Hotel to
and over the escalators and out to the Kellogg Boulevard sidewalk shall be as described in Exhibit B
attached hereto. It is understood that the easement areas represented in Exhibit B shall, upon
� completion, extend from existing floor to existing ceiling. The detailed description of all easements
to be granted by all building owners shall be furnished by HRA after completion of construction
. ' _5" �'��,��
and after survey by a registered land surveyor to be furnished and paid for by HRA. The pedestrian
� concourse and skyway bridge herein concerned shall be open at least from 7:00 a.m. to 1:30 a.m.,
Monday through Saturday, including until 1:30 a.m., Sunday mornings, and at the option of Venture,
for designated hours on Sundays between the hours of 7:00 a.m. and 1:30 a.m., on two weeks prior
written notice by Venture to City, Degree, Rosen and Minnesota Title. Nothing herein shall prohibit
Degree and Rosen from securing their buildings so as to prohibit access to the private areas of
their buildings from the System or otherwise after normal building hours, all as may be determined
by Degree and Rosen in their sole discretion. HRA and City warrant and represent there are
no applicable statutes, codes, ordinances or regulations requiring ingress to or egress from the
System which would prohibit Degree and Rosen from securing the private areas of their buildings
outside normal building hours.
10. The easement through the Degree Building as shown on Exhibit B shall commence
at the northerly property line of the Degree Building where the skyway bridge from the MML
Building penetrates the Degree property and extend southerly and westerly through the building,
� across and over the Degree Building's auditorium, terminating at the bridge opening on the property
line between Degree and Minnesota Title, and as to that portion across and above said auditorium,
shall be approximately 14 feet in width and 14 feet in height, said air rights easements to be
d�scribed with more particularity after survey of the completed struture by a registered land
surveyor, at HRA expense. Degree shall permit pedestrians who use or intend to use the skyway
system a right of access to and from the second level pedestrian concourse in the Degree Building
via a stairway and/or elevators leading from the second floor corridor adjacent to said pedestrian
concourse down to the building lobby, thence through the lobby and out the front doors to the
Cedar Street sidewalk.
Such right of access shall be subject to the following terms and conditions:
1. Such access shall be for the purposes of pedestrian ingress, egress and transit
only.
�
-6-
2. Any pedestrian using such access shall be subject to such reasonable rules and
regulations as Degree in its sole discretion may impose, including but not limited
to, the conduct of any pedestrian, the specific route of such access, reasonable
� precautions for security purposes, and otherwise. Such rules and regulations (a)
need not be published nor displayed, and (b) may be promulgated and/or uniformly
enforced as the occasion arises.
3. Such right of access shall be limited to normal building hours which Degree may
determine in its sole discretion.
4. Nothing contained herein shall be construed to grant any rights to the public nor
shall such right of access be determined as a public right of way or easement.
5. Use of said elevators shall be available in accordance herewith for use of the
handicapped.
11. All parties agree that the pedestrian concourse shall be designated as public easements
and all City ordinances and codes applicable to the System shall govern.
12. In the event said easements are relocated, vacated or terminated under the circum-
stances stated in the Grants of Easement attached hereto as Exhibits A-1 through A-3, respectively,
City shall furnish a release thereof without cost to the respective property owner, its successors
or assigns.
� 13. The HRA and City hereby waive any right they may have to share in an award
of damages in the event that a public body acquires all or any part of the aforesaid buildings
by condemnation or under the threat of condemnation. Said waiver applies to the easement
through the respective buildings, but not to the skyway bridge.
14. 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 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 bridge is intended
to benefit the public generally. It is agreed that if the System or the entire portion of the System
referred to in this Agreement be vacated, abandoned or discontinued in the manner permitted
by law, then the skyway bridge shall become the property of Degree, and the City agrees in such
event to execute any instruments of conveyance which may be necessary to quit claim its interests
at that time. The parties, their successors and assigns, hereto grant to Degree, its successors
` or assigns, reasonable access to their properties so as to permit Degree to repair, maintain or
remove the skyway bridge on such occurrence.
• -7-
OPERATION AND MAINTENANCE
� 15. Venture shall maintain and operate the HVAC facilities in and serving the skyway
bridge over the Degree auditorium and shall pay for heating and ventilating costs at its sole cost
and expense, and shall keep the bridge reasonably clean and free of litter; Degree shall maintain
and operate the electri�al facilities in and serving the skyway bridge, and shall pay for electrica!
power consumed at its sole cost and expense. Venture, Rosen and Minnesota Title repesent and
warrant they will make no change in the HVAC facilities as shown in said plans and specifications
which will increase the electrical cost to Degree. Nothing herein shall prohibit Degree, Venture,
Rosen and Minnesota Title from amending their separate maintenance agreement so long as all
obligations as to operation, repair and maintenance of the skyway bridge, its related equipment
and integral parts referred to herein, shall be performed hereunder.
16. Venture agrees to provide the necessary repairs and maintenance of the skyway
bridge and its integral parts at its sole expense, without cost to City or Degree. Such maintenance
shall include, but not be limited to, glass, floor, hardware and metal trim cleaning, polishing,
� repair and replacement, roof maintenance, repainting, light bulb replacement and light fixture
cleaning.
17. Degree, Rosen and Venture have contemporaneously herewith entered into a separate
written agreement for sharing the maintenance, operating and repair costs of said �kyway bridge
and its related equipment and integral parts as aforesaid. The HRA and City shall be furnished
with plans and specifications for all additions, alterations, or for major repairs or replacements
to the skyway bridge and pedestrian concourses, which plans and specifications shall be subject
to their reasonable and timely approval before commencement of the work contemplated therein.
Lack of approval or disapproval shall be deemed approval 14 days after s�bmission thereof.
18. All maintenance, operation and repair costs of the pedestrian concourses through
the Rosen and Hotel properties shall be the responsibility of Venture. All maintenance, operation
and repair costs of the pedestrian concourse on, over, or through the Degree property, shall be
the responsibility of Degree.
�
. . -g- 2�'�����
19. Venture and Degree, their successors in interest and assigns, in accordance with
� their foregoing separate responsibilities, hereby agree to maintain the skyway bridge and the
pedestrian concourses at a reasonable standard of safety and cleanliness.
20. If Degree and Venture fail to adequately maintain, repair and operate the skyway
bridge, its related equipment and integral parts, and pedestrian concourses in accordance with
their foregoing separate responsibilities, to a reasonable standard of safety and cleanliness, or
shall fail to undertake maintenance, operation or repair of the stated portions of the skyway bridge,
its related equipment and integral parts, and pedestrian concourses, within 30 days after receipt
of written demand by the City, the City may undertake the necessary maintenance, repair and
operating tasks required, and the costs for said maintenance, repair and operating expenses shall
be assessed to and paid forthwith by the defaulting pacties or their sureties; provided, however,
that the City retains the right to assess such costs against the property owners as a local improvement
in the manner provided by law.
� SURETY BONDS AND INSURANCE
21. Venture shall furnish and maintain a surety bond in the amount of $50,000.00 for the
skyway bridge herein to and in favor of the City of �aint Paul, as obligee, conditioned that Venture
shall forever indemnify and hold harmless the City against all expense and liability on account of
all costs, claims, suits and judgments arising out of or connected with the maintenance, operation
and/or repair of the skyway bridge, its related equipment and integral parts; and further
conditioned upon Venture complying with all terms and conditions as to operation, maintenance and
repair expressly contained in this Agreement, which surety bond shall be in such form as shall be
reasonably approved by the Director of Finance and Management Services for the City. The HRA
shall also procure from the general contractor, documentation evidencing that the general
contractor is maintaining, throughout the entire period of construction and erection of the skyway
bridge and pedestrian concourses such insurance as is set forth in the plans and specifications
f described in paragraph 1. herein, naming the abutting property owners to the skyway bridge and the
�`
� -9-
property owners of buildings in which the concourses are located as additional insureds as required
� � by said plans and specifications--specifically, Section 4 of the General Conditions and Section 6 of
the Special Conditions thereof, copies of which are attached hereto as Exhibits C-1 and C-2,
respectively.
22. Insurance required hereunder for hazard and liability for the skyway bridge shall
be procured by and be a maintenance cost to be assumed by Venture, in accordance with the
separate agreement for the sharing of skyway bridge operation, maintenance and repair costs
that Degree, Rosen and Venture have entered into as herein provided.
23. Insurance required hereunder for hazard and liability for the pedestrian concourses
shall be a maintenance cost to be assumed by the respective building owners.
24. All building owners shall furnish and maintain, or arrange to have furnished and
maintained in their behalf, pursuant to their respective responsibilities as set forth above, public
liability and casualty insurance coverage for the skyway bridge and pedestrian concourse and
easement areas 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 injuries, including death, $500,000.00 for each occurrence; for property damage to the
extent of $200,000.00 in any single accident, indemnifying City and HRA against liability on
account of all claims for injury to persons and/or property arising from or connected with the
condition, maintenance, repair and operation of the skyway bridge and pedestrian concourses
herein. The casualty insurance shall have an all-risk or physical loss coverage in the amount of the
full replacement cost of the bridge. Such minimum amounts shall be subject to reasonable change
upon 60 days notice by official action of the Council of the City of Saint Paul, from time to time,
in the event that statutory municipal liability limitations are altered.
SKYWAY DIRECTIONAL SIGNS
25. ?he location of directional or other signs that may be installed in the System in
the aforesaid buildings shall be determined jointly by the HRA and the respective building owner.
� The initial cost of purchase of these signs shall be borne by the HRA. The costs of installation,
-io-
operating, maintaining and repairing the signs shall be borne by Venture as to the Minnesota Title
� Building and Hotel concourses. As to the Degree concourse, Degree shall bear such expense.
If the location of the easement is changed, the signs shall be removed accordingly, and the cost
of moving and re-installing signs to a new easement area shall be borne by the respective property
owners requesting or participating in the change. If the sign moving requires a change in the
sign face, this shall be done at the respective requesting property owner's expense and consistent
with the graphic design system established for skyway signs. c
26. The skyway bridge and concourse areas which are the subject of this Agreement
shall not be operated for the purpose of advertising the name of any product or business, or for
any other commercial purpose, other than on business entries or store fronts, but such store front
signs and entries shall not project out from the wall surface; provided, however, nothing herein
contained shall prevent the installation and maintenance of the aforementioned directional signs
identifying the building names.
� BIN�ING OBLIGATIONS
27. 'The respective rights and obligations of the parties set forth in this Agreement
shall be binding upon and inure to the benefit of the respective parties and their successors in
interest and assigns, and shall continue in force as to the entire portion of the System dealt with
herein until such time as the System or the part thereof covered by this Agreement is vacated
and abandoned in the manner permitted by law, or terminated, in accordance with the Grant
of Easement.
28. It is understood that this Agreement does not govern the relationships and agreements
by and among Degree, Venture and Rosen themselves to each other, other than the requirements
of paragraph 14. and 19. above.
29. Minnesota Title hereby, as Lessee of the Minnesota Title Building, agrees to
subordination of its Lease to all the terms and conditions hereof as respects the Minnesota Title
� Building and the covenants herein of Rosen, insofar as same affect and/or encumber, or will
encumber, the real estate which is the subject of that certain lease now in effect between
Minnesota Title, as Lessee, and Catherine Rosen, as Lessor.
• -11-
� 30. The parties hereto herein reserve unto themselves the unconditional ri ht and
g
privilege of selling, conveying and transferring their abutting and/or encumbered or involved real
estate herein, or interest therein, and assigning and transferring this l�greement to any other
corporation, corporations, trust, trusts, individual, partnerships, or other form of venture. In the
event of transfer of property owner's said interest, the owner (seller) may be freed and relieved,
from and after the date of such transfer, of all liability as respects the performance of any
covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be
performed; provided that owner's successor fully and without limitation assumes in writing all
duties, responsibilities and covenants of the owner (seller) under this Agreement.
� .
�
' 12.
� IN WIT-iJESS WHEREOF, the parties hereto have set their hands all
� ^ as of the day and year first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAIi1T PAUL, MINNESOTA
By
I
By `.
Its
APPROVED AS TO FORM CITY OF SAINT PALTL%
l
� � / - � B
yor
� BY
Director, pa tment o anning
' art Econo evelopment
By -�f�� �.�> -
"Director �Dep rtment of Finance
' '��' a a ent Services
d
By
i y C er
�
• 13.
�� DEGREE OF HONOR PROTECTIVE ASSOCIATION
��� � B � C°i�
� , y , �
; , , ' - �
� ', , • .
� . � By
� �Its �
, �e��`G�.y�H�
� , . '�, -
__ ���C.(�/`1,�1?a1J'1 D_ �. �/y�J
CATH INE R SE '
STATE OF MINNESOTA )
) SS. .
COUNTY OF RAMSEY )
On this Z/ day of � , 19 8 t), before me, a Notary
Public within an� or sai ounty, peared ��(� � . '
�d .G�GrwR,/�. f � to me personally nk owri, o, �cFTy
me du sworn i say at they are respectively the /l/'
and /�Q� � — �j�s�,e„ of DEGREE OF HONOR PROTECTIVE A AT 0 ,
� a Minnesota fraterna�enefit association, that said instrument was
signed by authority of its Board of D'rectors, and said � � ,
and �,(�,� �. ,�,�,�;r.Ls acknow e e sai
instrument to e t e free act an deed or said assocation.
��
WAYNE P. DORDELL �
�,:,� � NOTARY PUBCIC-MINNESOTq f
� RAMSEY COUVTY •�'.
My Commission Exp�res feb.2g, tgIIa w.
+`e+MCO�a�m.s,;
STATE OF MINNESOTA )
) SS .
COUNTY OF RAMSEY )
On this �22N0 day of J�4N�/ARY , 198d , before me, a Notary
Public within anc�for said County, appeared CATH�RINE ROSEN, a single
person, to me known to be the person who executed the foregoing
instrument as her free act and deed.
� n�f,nivivwvv�,',r.°nrrrr✓.nnnr.nr�,nnnnrnnr
R. H. THOMSSEN, JR:
`� NOTARY PUBIIC-MINNESOTA
RAMSEY COUNTIf
f�y Comn�.fxpiree JW�r 28,1992
ti
�4. ����'�
� ST. PAUL JOINT VENTURE
�
By: CAPITAL HOSPITALITY CORPORATION
a eral partner
r'`
By -
I � � . �1,� , ,'' �� ' .
' ' >
, , �.
,;
B . SPH HOTEL COMPANY ''. �, ' ;
a general partner '' �'
, ' �
gY �L `'G c."���-Y �lt��-'�� �—
Its
� �rt L�� � %'L�,i.,t���C���;.'�"�
STATE OF MINNESOTA )
�, ) S S.
COUNTY OF .)
On this �� day of , 19�, before me, a Notary
Public within and fo sai County, appeared f� �. � ,�,,;,.,,> ,
�e �),�C cv �_ c c�y�' of CAPITAL HOSPITAL T CO ORA I'�, a
� Minnesota corporation, a�� T �.�.�
_ _
.
a genera partner in ST. PAUL JOINT VENTURE, a Minnesota
partnership, that said instrument was signed by authority of the��r
Board of Directors, and they acknowledged that said instrument was
the free act and deed of said corporation�d. �
STATE OF MINNESOTA ) �
) ss.
COUNTY OF RAMSEY )
The for oing instrument was ackno ledged be e me this
,� v , by 0�� � � ,
the - of SPH HOTEL COMPANY, a Minne-
sota corpora ion, a general partner in ST. PAUL JOINT VENTURE,
a Minnesota partnership, on behalf of the partnership.
• L, BARBARA�.KLECKER •
� ���� NOTARY PUBLiC—MINNESOTA
�'�,,.. RAMSEY COUNTY
My Comm�ssion E�p�res luly 26. 1985
Y �
14a.
�
TITLE INSURANCE COMPANY OF MINNESOTA
By — ����-..,.0 � .��,.-C���
Its /�<<.� s��'�s..'�-�%
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
' ; ��-) day O f G�r�M.t,:�y � � � 19�(',..) , by c.i c--.5/•4�.n L • �i.4Tfts o,✓
e viGt �',��r,a�.-�; � of TITLE INSURANCE C MP A N Y F Ml� S TA, a �
Minnesota corporation, on behalf of the corporation.
��l,`\C` r .�, ; �.� � � 1 C�,'I. .
1�., ( �
x��„������,���������������������y
< "�n';s. v!::G'.i7:.�A.�:viiiCrErf �
� < t�� No!ary Pabf�c �
� �i' �' � Ramsay Covnty, '�Airm. �
t �;�.� My Commi,sia�n Expirms }
� �t�� F:3. 4, 1981 �
< 5�
� }IYVVYVVYVYVYVYVYVVYYYVVVVYYVVVVAG
�
13.
� f
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
On this �� day of , 1�, before me, a
Notary Public within and said C nty, appeare
�d � �, to me personally known, w o, being each by
m duly sworn, did say that they are respectively the � ,
and of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF S INT PAUL, MINNESOTA, a Minnesota public body corporate
and politic, that said instrument was signed by authority of its
Board of Commissioners, and said and
G
ack ledged aid instrument was the free
act d deed of said corporation.
� " ,.
' ,,. , .
�* �rf�AMMMAM•
,�: KENNETH R.GAUTHIER
L��i� . :
.c:�r�� ttOTARY PUBLlC-NI�lNESOTA
�c��. ,
� �.-` 34,*st;ePYG70Pd!.OL'NTY
My�Cc�r,�m,ExpFres Mar,31, 1985
i y�N'19nyyyyy�
r
�
� ��. �'����,�
STATE OF MINNESOTA ) �,y �
) SS.
COUNTY OF RAMSEY )
� The foregoing instrumen was acknowledged before me this �
day of , 19� by GEORGE LATIMER, Mayor of the ity o
Saint PaLy , a m cipal corporation of the State of Minnesota, on
behalf o said ty of Saint Paul:
.,,
.
<��. KENNETH R.GAUTHIER
--i� .•_
• �;�ic��'� MO�AIdY P1181JCrPtillMES9TA
STATE OF MINNESOTA ) � '"�'� ���Swra�7,;.-,:,,.,_.r
. � +���.����a�:.��,��e�s
SS • �M�V�1lNV17W'.�<pNMY��Wy1`✓'O'.�YV�•�,.,,�y���JV'JVVVVVt ..
COUi�ITY OF RAMSEY )
The foregoing instrument was acknowledged before me this �`�
day of , 19� by GARY E. STOUT, Director of the—V'
Departm of anning and Economic Development for the City of Saint
Paul, a munici al corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
�/1�'V�✓�M�MMM/,MAMM/,�,1,MhMMM:
�,.�, KENNETH R. GAUT�IlER , ._ .%l
'�'��� NOTARY PUBLIC-A1lRNESOTA J�F
�
�•^•`�. WASHINGTON COUNTY �
My Comm.Expires Mar.31, 1985
� f
STATE OF MINiJESOTA )
� ) SS.
COUNTY OF RAMSEY )
The fo egoing instrument was acknowledged before me this �
, day of , 19�, by BERNARD J. CARLSON, Director of the
Departmen o Fin e and Economic Development for the City of Saint
Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
��.�� �. .
� i
STATE OF MINNESOTA y,� �OLET E.LEMT
� �t N�TAttY PUg1.IC—MMINES�7A.
, S S• �f�E�res Oec.3.I48S:
COUiQTY OF RAMSEY )
Th foregoing instrument was acknowledged before me this
��J
day of , 19�0 , by ROSE MIX, City Clerk for the Cz�ty
of Sai Paul, municipal corporation of the State of Minnesota, on
behalf f said ity of Saint Paul.
� .�
� u a. -r.'�."__
�`"��S
-��'�?,., ALBERT 6. OLSO►�
.. ' ,'� �:,,NoM Cp�bl(c� Ramsey Co. AAn,
" OMMISS►ON EXP;RES
� - '- �MOVerr�1
8, l�q
� , �r� t�,5�'
<:�
GRANT OF EASEMENT
�
WHEREAS, ST. PAUL JOINT VENTURE, a Minnesota partnership, consisting of Capital
Hospitality Corporation, a Minnesota corporation, as general partner, and SPH Hotel Company, a
Minnesota corporation, as general partner, hereinafter called "Grantor", is the owner in fee of that
certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more
particularly described in Exhibit 1 attached hereto, hereinafter called Grantor's "Property"; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the
City of Saint Paul, Grantor, Catherine Rosen, Degree of Honor Protective Association, and Title
Insurance Company of Minnesota, to grant to the City of Saint Paul, a public easement for purposes
of pedestrian ingress, egress and transit through Grantor's Property for the Pedestrian Concourse
System of the City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum of
ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, Grantor, for itself, its successors and assigns, does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian
ingress, egress and transit, in and through the Property and the structures thereon, described as
follows:
� all af which above-described areas shall be collectivel referred to as the "easement area".
Y
The easement area is expressly herein made subject to such reasonable policy measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
Property during non-business hours, and regarding public conduct within the System, as the City of
Saint Paul, by ordinance, from time to time may determine.
The public's right herein to pedestrian ingress, egress and trainsit, in and through the
easement area granted to City herein, shall also be, and hereby is, made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas within
or on Grantor's Property as the City of Saint Paul may, by agreement with Grantor or its
successors and assigns, from time to time, determine. This provision shall not diminish City's right
to, from time to time, exercise its policy powers unilaterally, by ordinance, concerning open hours,
or temporarily closing part(s) or all of the easement area, or concerning public conduct within the
System, nor shall such agreed or legislated hours in any manner restrict City's easement interest,
but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's
easement during the hours so agreed or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change the
location of the easement 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, its successors or assigns, and the City of Saint Paul,
� such approval not to 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 Grantor.
EXHIBIT A-1
� -2-
� Notwithstanding anything to the contrary herein, the easement granted herein shall be
limited to the life of the improvements constituting the System and shall terminate upon the
happening of either of the following events:
A. In the event any easement granted herein is vacated, abandoned or discontinued in
the manner permitted by law.
B. In the event the building(s) in, upon or over which the easement area is located shall
be substantially destroyed or demolished and such building(s) shall not be repaired or
reconstructed; provided, however, that in the event such building(s) be reconstructed
or replaced, Grantor, its successors and assigns agree that, without further
consideration, a substitute easement of substantially equal convenience, area and
general configuration shall be given. In the event the easement or any portion
thereof is relocated, vacated or terminated under the provisions hereof, City shall
furnish a release of such easement or portion thereof to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby agree that for and during the
life of said easement, Grantor shall be responsible for and provide for the cost of all repairs,
improvements and replacements of the easement area as described herein, it being understood that
the aforesaid covenant shall run with the land.
TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit
until the System is vacated or abandoned in the manner permitted by law or terminated, in
accordance herewith.
� IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of
• , 19 .
�
EXHIBIT A-1
3.
�.���
ST. PAUL JOINT VENTURE,
a Minnesota partnership
. Capital Hospitality Corporation,
general partner
• By
Its
. � SPH Hotel Company,
generaZ partner
By
. Its
_ .STATE OF MINNESOTA ) .
� • ) SS.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a Notary
Public within and for said County, appeared �
the of CAPITAL HOSPITALITY CORPORATION, a
Minnesota corporation, and , the
- of SPH HOTEL COMPANY, a Minnesota corpo-
ration, each a general partner in ST. PAUL JOINT VENTURE, a Minnesota
partnership, that said instrument was signed by authority of their
Board of Directors, and they acknowledged that said instrument was the
free act and deed of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
�.::
GRANT OF EASEMENT
� WHEREAS, CATHERINE ROSEN, a single person, hereinafter called "Grantor", is the
owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State
of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called
Grantor's "Property'; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,
the City of Saint Paul, Grantor, St. Paul Joint Venture, Degree of Honor Protective Association
and Title Insurance Company of Minnesota, to grant to the City of Saint Paul, a public easement
for purposes of ingress, egress and pedestrian transit through Grantor's Property for the Pedestrian
Concourse System of the City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum
of ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof
is hereby acknowledged, Grantor, for herself, her heirs, administrators, executors, successors
and assigns, does hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation,
a public easement for public pedestrian ingress, egress and transit in and through the Property
and structures thereon, described as follows:
all of which above described areas shall be collectively referred to as the "easement area".
The easement area is expressly herein made subject to such reasonable police measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
CProperty 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 pedestrian ingress, egress and transit in and through the
easement area granted to City herein shall also be and hereby is made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas
within or on Grantor's Property as the City of Saint Paul may, by agreement with the Grantor
or her successors and assigns, from time to time determine. This provision shall not diminish
City's right to, concerning open hours, or temporarily closing part(s) or all of the easement
area, or concerning public conduct within the System, nor shall such agreed or legislated
hours in any manner restrict City's easement interest, but shall affect only the public's rights
to ingress and egress and pedestrian transit in the City's easement during the hours so agreed
or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change
the location of the easement conditioned upon the grant of a new easement which shall permit
the continuity of the System, and, on the further condition that the new easement area shall
be installed at the sole cost and expense of the Grantor, on the further condition, that no
change in the easement location shall be made without the approval of the Housing and Redevelop-
ment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City
of Saint Paul, such approval not to 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 Grantor.
�
EXHIBIT A-2
Notwithstanding anything to the contrary herein, the easement granted herein shall
be limited to the life of the improvements constituting the System and shall terminate upon
� the happening of either of the following events:
A. In the event the easement granted herein is vacated, abandoned or discontinued
in the manner permitted by law.
B. In the event the building(s) in, upon or over which the easement area is located
shall be substantially destroyed or demolished and such building(s) shall not
be repaired or reconstructed; provided, however, that in the event such building(s)
be reconstructed or replaced, Grantor, her successors and assigns agree that,
without further consideration, a substitute easement of substantially equal
convenience, area and general configuration shall be given. In the event
the easement or any portion thereof is relocated, vacated or terminated under
the provisions hereof, City shall furnish a release of such easement or portion
thereof to Grantor, her successors or assigns.
Grantor, for herself, her heirs, administrators, executors, successors and assigns, does
hereby agree that for and during the life of said easement, Grantor or her designee, by separate
agreement, shall be responsible for and provide for the cost of all repairs, improvements
and replacements of the easement area as described herein, it being understood that the afore-
said covenant shall run with the land.
� TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit
until the System is vacated or abandoned in the manner permitted by law, or terminated
in accordance herewith.
l.
� ' �
� �. ? 7v��
3.
'�� IN WITNESS HEREOF Grantor has he
, reunder set her hand this
day of , 19 .
CATHERINE ROSEN
STATE OF MINNESOTA )
' ) SS.
COUNTY OF RAMSEY )
On this TT day of , 19 , before me, a
Notary Public within and for sai County, appeared CATHERINE ROSEN,
a single person, �to me known to be the person who executed the fore-
going instrument as her free act and deed. .
=:.�f'. _
i`
THIS INSTRUMENT WAS DRAFTED BY:
� . .
GRANT OF EASEMENT
l
WHEREAS, DEGREE OF HONOR PROTECTIVE ASSOCIATION, a Minnesota fraternal
benefit association, hereinafter called "Grantor", is the owner in fee of that certain land situated
in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in
Exhibit 1 attached hereto, hereinafter called Grantor's "Property'; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,
the City of Saint Paul, Grantor, Catherine Rosen, St. Paul Joint Venture and Title Insurance Company ,
of Minnesota, to grant to the City of Saint Paul a public easement for purposes of ingress, egress
and pedestrian transit through Grantor's Property for the Pedestrian Concourse System of the
City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum of
ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, Grantor, for itself, its successors and assigns, does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian
ingress, egress and transit, in and through the Property and the structures thereon, described as
follows:
all of which above described areas shall be collectively referred to as the "easement area".
` The easement area is expressly herein made subject to such reasonable police measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
Property 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 anci egress and pedestrian transit in and through the
easement area granted to City herein shall also be, and hereby is, made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas within
or on Grantor's Property as the City of Saint Paul rr�ay, by agreement with the Grantor or its
successors or assigns, from time to time determine. This provision shall not diminish City's right
to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours,
or temporarily closing part(s) or all of the easement, or concerning public conduct within the
System, nor shall such agreed or legislated hours in any manner restrict City's easement interest,
but shall affect only the public's rights to ingress and egress and pedestrian transit in the City's
easement during the hours so agreed or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change the
location of the easement conditioned upon the grant of a new easement which shall permit the
continuity of the System, and, on the further condition that the new easement area shall be
installed at the sole cost and expense of the Grantor, and, on the further condition that no change
in the easement location shall be made without the approval of the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul,
such approval not to 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 Grantor.
�
EXHIBIT A-3
-2-
� �'��',��
� Notwithstanding anything to the contrary herein, the easement granted herein shall be
limited to the life of the improvements cons#ituting the System and shall terminate upon the
happening of either of the following events:
A. In the event any easement granted herein is vacated, abandoned or discontinued in
the manner permitted by law.
B. In the event the building(s) in, upon or over which the easement area is located shall
be substantially destroyed or demolished and such building(s) shall not be repaired or
reconstructed; provided, however, that in the event such building(s) be reconstructed
or replaced, Grantor, its successors and assigns agree that, without further
consideration, a substitute easement of substantially equal convenience, area and
genera! configuration shall be given. In the event the easement or any portion
thereof is relocated, vacated or terminated under the provisions hereof, City shall
furnish a release of such easement or portion thereof to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby agree that for and during the
life of said easement, Grantor shall be responsible for and provide for the cost of all repairs,
improvements and replacements of the easement area as described herein, it being understood that
the aforesaid covenant shall run with the land.
TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit
until the System is vacated or abandoned in the manner permitted by law or terminated, in
accordance herewith.
�
�
EXHIBIT A-3
� �'��-��
3.
��� IN WITNESS WHEREOF, Grantor has hereunto set its hand this
day of , 19
( S E A L ) � DEGREE OF I30NOR PROTECTIVE ASSOCIATION
• By
Its
By
- Its
STATE OF MINNESOTA )
_.. ) SS .
COUNTY OF RAMSEY )
=�� � ;. On this day of , 19 , before me, a Notary
P.ublic within an—Tc� -for said County, appeared
and , to me personally known, who, being
each by me u y sworn, did say that they are respectively the
and of the
DEGREE OF HONOR PROTECTIVE ASSOCIATION, the association named in the
foregoing instrument, that said instrument was signed and sealed by
authority of its Board of Directors, and said
and acknowledged saidinstrument was the free
act and deed of said association.
-�:: �
. � ' , .� � I �
�i� �
w� , '� / // O��
� L,.�,j!
�
Fourth Street
__ ._ _ _- — —- .-- - --- - - - ----------- -- ----- -
-\
�----- � _� _-_ -- ,_ — --- � - �
� v Q)
• � A 12 �
___ ABSTRACT ::;::; :;,.;: �. C�
BU I LD I NG ��'''' �
� »:« c�
� • �o' �
— - ---� � 1 N
� � ��' DEGREE U
_ ��� OF HONOR
i, / ,,
� � ���
/ � � � - ,
_�. � � ��� ,
r-�._ �
� � v �
� r
A-�r-r-#=�t=a=r.i vL�c_i
�
�' `1
,—•'' I
,-T.�,--,_ , .r �, �_ _ , � - -
� , � ,���
J J �
11�
M � N ;
� �
(� ' .�.. ,�� �
��
� - ;
�� .�� � ST. PAU L I
� �;�' � .:...: �RAD I SS�N HOTEL
. .
,- .
, , I
� � I
`�L� _�4- I � _�-y�---"��,i� � , , �! EXHIBIT ��8��
� � � � Skyway Level I
�.r�t R+s.�t W-i.��a�s a-�f.
— ._ .....�:;easement �
�bridge f
Kellogg Boulevard `
� directional sig�
, ; , 2��,, :,�,�
� � -�
,
_- ,
, , _
,
� Fourth Street -� � � -
! ' '
�- , i ► -.
i , - -
� � -_ _=
- � -
. 1 !�_,__�. :,::..'_ -.
� .+-� _�
� I . �
,: ,
� ; � f
� . � �
_ r -� "
;
ABSTRACT � _ _ � .:': � i ..
BUILDING ; , _ � ;
, _ _ � �
_ -. �# 4) ,:
� _ U .
, DEGREE OF HONOR; � .
_ � -
: � _
_ _ _ . �
_ _ � --
__ # . _. -.
� . . _ ,
�
�
---_.�
. . �6:►'yl���■�lii:
ST� PAUL RADISSON HOTEL i
�; � - . . .
—�-��:��E—8' - - .
� �
�_ 4}•�1 . .. . . .. . . . _. _
� ��� �..., � . . . .. .
� :.t .... � .. . . "
:tf . . . ____ - . .
�-�'�:: ..#��12. .
':�.:':.� EXHIBIT "B"
�- .�:�:::� �
�..�— Street Level
,,,.._, easement �
.
KeNogg Bou�evard �
� 4. INSURANCE
The contractor shall furnish proof of insurance directly to the City Attorney prior
to commencing work. The contractor shall hold harmless and defend 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 relieving the contractor of any
of its obligations. The contractor shall carry the following insurance naming the
City as a co-insured thereon:
A. Contractors Public Liability Insurance with limits of $500,000/$500,000
naming and protecting the contractor, all subcontractors, against claims
for injury to or death of one or more persons as a result of accidents which
may occur at the site from operation under the contract.
B. Property Damage Insurance with limits of $150,000/$300,000
C. Workmen's Compensation Insurance in compliance with the Laws of the
State of Minnesota.
D. Automobile Insurance, including owned, hired and non-owned vehicle coverage
limits of $100,000/$300,000 bodily injury and $50,000 per occurrence property
� damage.
� EXHIBIT C-1
� � � ������
C 6 INSURANCE
Modify Section 4 of the General Conditions, as follows:
a. Insert the following after City:
"and Hammel, Green and Abrahamson, Inc."
b. Paragraph B: Property Damage Insurance. 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 one 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 during the policy period.
c. Paragraph C:,
The Builder's Risk Insurance shall be for the benefit of the Contractor, the City of
St. Paul, the HRA and the abutting property owners as their interests may appear in the
value of the cost of the work under this contract, and each shall be specifically named
in the policy or policies as an Insured; or at the Contractor's option, a Blanket Owner's
Protective Policy covering all Owners (including adjacent building owners) may be provided
in lieu of the above Builder's Risk Insurance and the City of St. Paul Uniform Certificate
of Insurance.
d. Add the following after paragraph D:
� . E. The Contractor shall also cause to have executed the City of Saint Paul "Uniform
Endorsement" required by the Saint Paul Legislative Code, as amended. This form can
be obtained at the service desk on the 6th Floor of the City Hall Annex.
�
EXHIBIT G2
�• * ' .
. . ,� .. , a ,� ,� o �
. .
STATF OF �MINNESOTA I . '
Coun.ty o� Rrlmd ey ) �a. . _
� - CTTY OF SAINT PAIIL �
� .
� . . . . ,Albert B.. Olson,_ . . . . .. . . . . .. . . . .C<-tiJ C�CJJz
T . - . . ..
!'"1 ' .
� n� #he Ci.t�y o� Sa.i.n.t Pau.e, Mi,.nneao�.a, do heneby ce�.t.�6y -tha.�
I hnve compa�ed #he a�t.tlzched copy o� Counai.L F.i.Le No???o54. . ,
June 25, �g81
a.a adop�ed 6y �he Ci.ty Counc,i...C. . . . . .. . .. .. .. •- •- - • - . . . . .
June 29; _ �981
and app�coved 6y #he Mctyon . . . . .. . . .. .. .. .. . . .. .. .. . . .. -
_ w.i.th �he on,i.g.ina.0 �he�ceo� on S.i.Le .in my o��.i.ce.
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
, : � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• . . . . . . . . . . . . . . . . . .
ao •
w ' ,
� . . . . . . . . . • .. • . . . . . .. . rs . . . . . . . . . . . . . .. . . . .. � . . . . . . . . . � . . .
►�'1 —
p . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .
p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . .
�
...�7 .•. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .
. . . . . . . . . . . . . . . . . . . . '• ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .. . . . . . . . . � .. . . . . . . . . . . � � . . . . . . . . . . . . . . . . . . . . . . .
- I �wc,theh ce�t.t�y #ha.t aa.�.d copy .i.a a #i�e and c�nh.ec.t co,
o S �a.i_d on.i.g.ina.C. and #he wh o.ee #h eheo�.
G1I TN�SS my hnnd and #he e e� o� �he Ci.ty o� Sa.�►Lt Fau,C.,
� . . 29th_ . . day � . . June: - - - - - - • - . . . . . .A.D. 1981 - -
nn. �1u.6 .. o
' . � J!/ (/I��X/(%�A _
� ,�%
. . �:� r �/� `J
. . . . . . . . . - - - • ' Ci��'CEeJzFt. ��i0� ' . . . - - -
�.
' I 94S $ � Q.Q (j — A
WHITE �TYCLFRK � , �J' ��nL�=y
PINK •� FiNANCE �,� j .I,Y ���� ��� I '�T I�AjI L Council �, � ) ;
CANA - DEPAATMENT� . �
' BLVE '• MAYrR,�• - FIIC NO.
City At�tny/PBB ' �O CZ � l On
�
Presented B��
P.eferred To Committee: Date
Out of Committee By Date
'ao
�9
a
�- 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 January 9 , 1980,
between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Paul; Degree of Honor
Protective Association; Catharine Rosen; St. Paul Joint Venture;
and Title Insurance Company of Minnesota, attached hereto, which
Agreement contains covenants and obligations touching and con-
cerning the following described property in the City of Saint
Paul:
Lots 1, 4 , 11, 12 and 13, Block 23, 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
attachments) in the Office of the County Recorder, Ramsey County.
COUWCILMEN Requested by Department of:
Yeas Nays
Hunt
Levine � [n Favor
Maddox
McMahon � gY
snoWaiter Against
S.d..eo.
w Ison •
JUN 2 5 1�� Form App ved by C' At rney
Adopted bv Council: Date � s /
CertiGed Va•sc y Counc�l Se tary By - G �_'�—�r
By.
c��Lt-� � .
Appro Vlavor. Da
J�N 2.�4 1�i2�_ A pr ve by Mayor for u m ' n to Council
�}, - _ B
�
- , . ' • Degree/Rosen/Venture
. � �. . �,.����
�
�
.� AGREEMENT
��. 1
1
Y /� )
THIS AGREEMENT made and entered into this ��"�day of �,/ , 19�(,�,
by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CI Y OF SAINT
PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter referred to as
the "HRA", CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City",
DEGREE OF HONOR PROTECTIVE ASSOCIATION, Minnesota fraternal benefit association,
a ,
hereinafter referred to as "Degree", CATH�RINE ROSEN, a single person, owner of the Minnesota '
Title Building at 24 East Fourth Street, Saint Paul, Minnesota, hereinafter respectively "Rosen"
and "Minnesota Title Building", ST. PAUL JOINT VENTURE, a Minnesota partnership consisting
of Capital Hospitality Corporation, a Minnesota corporation, as a general partner, and SPH Hote!
Company, a Minnesota corporation, as a general partner, hereinafter referred to as "Venture",
whose premises, i.e., the St. Paul Radisson Hotel, is hereinafter referred to as "Hotel", and TITLE
� INSURANCE COMPANY OF MINNESOTA, a Minnesota corporation, formerly St. Paul Abstract
and Title Guaranty Company, hereinafter referred to as "Minnesota ?itle".
WITNESSETH:
WHEREAS, the City and HRA, through the Downtown Urban Renewal Project, Minn.
R-20, undertook to develop a pedestrian skyway system, hereinafter "the System", within the
Downtown Central Business District; and
WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota 1973, is authorized
to operate the System; and
WHEREAS, all parties hereto are desirous of access to the System; and
WHEREAS, remodeling of the Degree of Honor Building, the Minnesota Title Building,
and the Hotel are necessary in order to accommodate the System; and
WHEREAS, substantial public monies have been expended for the continuation and expan-
sion of the System; and '
� WHEREAS, substantial public monies will be expended for the design and remodeling
of areas within the aforementioned buildings; and
3
, . � • f Y, � �, _2_
��
�
�
� 11VHEREAS, a benefit will inure to the respective building owners by virtue of being
� � linked to the System.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
BRIDGE CONSTRUCTION _
1. The HRA agrees to design, construct and pay for a skyway bridge over the Degree of
Honor Building's auditorium connecting the Degree of Honor Building to the Minnesota Title `
Building in accordance with HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourses herein prepared for HRA by Hammel, Green and Abrahamson, dated
October 12, 1979, also known as Bid No. A8398-S, and reviewed by all parties hereto. Said bridge
shall include support structures, related equipment for heating, ventilating, air conditioning
("HVAC") and lighting tied into the systems of abutting buildings, glass doors at the Degree end of
the skyway bridge, fire doors at the Minnesota Title Building end, finishing at boths bridge ends, and
Cinsulated glass to the extent glass is used to enclose said skyway bridge. The HVAC facilities
within the skyway bridge shall be tied into a HVAC unit placed on the Minnesota Title Building.
This HVAC unit shall be tied into a steam source within the Hotel. The HVAC electrical system
and bridge lighting system shall be tied into the electrical system of Degree. HRA will accomplish
and pay for any mechanical system and electrical system installations and connections as are
contained in the approved plans and specifications and which are shown as part of the HRA
construction contract. The bridge roof drainage system shall be via scuppers onto the auditorium
roof below.
2. HRA will include a provision in its contract for the construction of the skyway
bridge and pedestrian concourses whereby the contractor consents to the assignment of warranties
as to the skyway bridge to the owners of abutting b�ildings and to Venture and Rosen, and as
to the pedestrian concourses in the Minnesota Title Building and Hotel to Venture, and as to the
� pedestrian concourse in Degree to Degree, and HRA shall assign such warranties to them upon
approved completion, without relinquishing its own rights under such warranties, and, if rtecessary,
�
. - . , . . � -3- �, � �`�".�
HRA will cooperate and assist in any prosecution of lawful and proper claims such owners and
Cassignees may later assert against the contractor(s) and/or architects or others arising from faulty
� design or construction of the skyway bridge.
�9
�
�
� CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES
` � 3. Except for the remodeling and construction which the HRA has agreed to perform
either herein or in that certain Skyway Agreement by and among HRA, City, Degree and Minnesota
.
Mutual Life Insurance Company (MML) concerning the skyway bridge over East Fourth Street
between Cedar and Wabasha Streets, and its adjacent concourse, all building owners agree to
undertake any alterations or remodeling at their own expense within the private areas of their
own buildings; however, HRA agrees to provide such other improvements, alterations or repairs
at its expense within the Degree Building which may be necessary and proper to complete the
bridge and concourse within the Degree Building itself, including restoration of any elements
necessarily disturbed as a result of such bridge and concourse construction in the Degree Building.
� 4. In accordance with the aforementioned plans, HRA will construct a pedestrian
concourse extending through Degree, which connects the skyway bridge over the auditorium with
the skyway bridge over Fourth Street. As to cost responsibility for this pedestrian concourse,
HRA will pay for all system elements as noted in the said plans with the exception that Degree
will pay one-half the costs for new partition walls and the full cost for the wall sheathing and.
its final finish (painting, wall covering, etc.) on that portion of the partition facing private areas.
5. In accordance with the aforementioned plans, HRA will construct a pedestrian
concourse, extending through the Minnesota Title Building, which connects the new pedestrian
concourse in Hotel with the skyway bridge over the auditorium roof. As to cost responsibility
for this pedestrian concourse, the HRA will pay for all System elements as noted in the said plans
with the exception that Minnesota T'itle will pay for painting, wall covering and finishing partition
wall surfaces facing its private area(s).
�
�/
, -4- , � �/�;�-" `7`
� �o
�
� 6. In accordance with the aforementioned plans, the HRA will construct a pedestrian
C �
� concourse extending through the ramp, which connects the Hotel with the new pedestrian concourse
�
� in the Minnesota Title Building. As to cost responsibility for this pedestrian concourse, HRA will
pay for all System elements as noted in the said plans, with the exception that Venture will
pay the full cost of the finish (paint, wall covering, etc.) on that wall surface facing the parking �
ramp.
7. All parties in accordance with their respective responsibilities hereunder agree ,
that in the construction, maintenance, repair and operation of the skyway bridge and pedestrian •
concourses designated herein, they shall be bound by all City codes and ordinances governing
or relating to the System insofar as applicable.
8. Minnesota Title agrees that the smoke/fire detection system existing on its premises
shall be extended, at its expense, to include sensors to be located in that portion of the pedestrian
concourse located on its premises.
` EASEMENTS
9. Upon completion of construction and furnishing to the building owners an architect's
certificate certifying substantial completion in accordance with the plans and specifications
of the construction involved, all property owners shall grant to the City without further consideration
a public easement for the System through their respective buildings and/or over their respective
properties in the precise form attached hereto as Exhibits A-1 through A-3, respectively. The
physical description contained in each easement shall be in accordance with the aforesaid plans
relating to the respective buildings and with the general configuration and dimensions described
in Exhibit B. In addition, the physical description of that portion of the easement to be granted
by Venture in the Hotel extending from the second floor pedestrian concourse in the Hotel to
and over the escalators and out to the Kellogg Boulevard sidewalk shall be as described in Exhibit B
attached hereto. It is understood that the easement areas represented in Exhibit B shall, upon
� completion, extend from existing floor to existing ceiling. The detailed description of all easements
to be granted by all building owners shall be furnished by HRA after completion of construction
�
.. -5- �. � 1 0.�''�j�
� ' . � ,-
S
�
� and after survey by a registered land surveyor to be furnished and paid for by HRA. The pedestrian
� � concourse and skyway bridge herein concerned shall be open at least from 7:00 a.m. to 1:30 a.m.,
�
Monday through Saturday, including until 1:30 a.m., Sunday mornings, and at the option of Venture,
for designated hours on Sundays between the hours of 7:00 a.m. and 1:30 a.m., on two weeks prior
written notice by Venture to City, Degree, Rosen and Minnesota T'itle. Nothing herein shall prohibit
Degree and Rosen from securing their buildings so as to prohibit access to the private areas of
their buildings from the System or otherwise after normal building hours, all as may be determined
by Degree and Rosen in their sole discretion. HRA and City warrant and represent there are
no applicable statutes, codes, ordinances or regulations requiring ingress to or egress from the
System which would prohibit Degree and Rosen from securing the private areas of their buildings
outside normal building hours.
10. The easement through the Degree Building as shown on Exhibit B shall commence
at the northerly property line of the Degree Building where the skyway bridge from the MML
Building penetrates the Degree property and extend southerly and westerly through the building,
� across and over the Degree Building's auditorium, terminating at the bridge opening on the property
line between Degree and Minnesota Title, and as to that portion across and above said auditorium,
shall be approximately 14 feet in width and 14 feet in height, said air rights easements to be
dsscribed with more particularity after survey of the completed struture by a registered land
surveyor, at HRA expense. Degree shall permit pedestrians who use or intend to use the skyway
system a right of access to and from the second level pedestrian concourse in the Degree Building
via a stairway and/or elevators leading from the second floor corridor adjacent to said pedestrian
concourse down to the building lobby, thence through the lobby and out the front doors to the
Cedar Street sidewalk.
Such right of access shall be subject to the following terms and conditions:
1. Such access shall be for the purposes of pedestrian ingress, egress and transit
only.
�
. �
� . � -6- a �� ����� �
� � ' � ��
� 2. Any pedestrian using such access shall be subject to such reasonable rules and
� regulations as Degree in its sole discretion may impose, including but not limited
^,� to, the conduct of any pedestrian, the specific route of such access, reasonable
� precautions for security purposes, and otherwise. Such rules and regulations (a)
need not be published nor displayed, and (b) may be promulgated and/or uniformly
enforced as the occasion arises.
3. Such right of access shall be limited to normal building hours which Degree may
determine in its sole discretion.
4. Nothing contained herein shall be construed to grant any rights to the public nor
shall such right of access be determined as a public right of way or easement.
5. Use of said elevators shall be available in accordance herewith for use of the
handicapped.
11. All parties agree that the pedestrian concourse shall be designated as public easements
and all City ordinances and codes applicable to the System shall govern.
12. In the event said easements are relocated, vacated or terminated under the circum-
stances stated in the Grants of Easement attached hereto as Exhibits A-1 through A-3, respectively,
City shall furnish a release thereof without cost to the respective property owner, its successors
or assigns. ;
� 13. The HRA and City hereby waive any right they may have to share in an award
of damages in the event that a public body acquires all or any part of the aforesaid buildings
by condemnation or under the threat of condemnation. Said waiver applies to the easement
through the respective buildings, but not to the skyway bridge.
14. 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 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 bridge is intended
to benefit the public generally. It is agreed that if the System or the entire portion of the System
referred to in this Agreement be vacated, abandoned or discontinued in the manner permitted
by law, then the skyway bridge shall become the property of Degree, and the City agrees in such
event to execute any instruments of conveyance which may be necessary to quit ciaim its interests
at that time. The parties, their successors and assigns, hereto grant to Degree, its successors
� or assigns, reasonable access to their properties so as to permit Degree to repair, maintain or
remove the skyway bridge on such occurrence.
. 0
- � -�- ' ,� ,,,�;�,--�
. . . - ��
OPERATION AND MAINTENANCE
� 15. Venture shall maintain and operate the HVAC facilities in and serving the skyway
� bridge over the Degree auditorium and shall pay for heating and ventilating costs at its sole cost
�
� and expense, and shall keep the bridge reasonably clean and free of litter; Degree shall maintain
S
�— and operate the electrical facilities in and serving the skyway bridge, and shall pay for electrical
�
� power consumed at its sole cost and expense. Venture, Rosen and Minnesota Title repesent and
warrant they will make no change in the HVAC facilities as shown in said plans and specifications
which will increase the electrical cost to Degree. Nothing herein shall prohibit Degree, Venture,
Rosen and Minnesota Title from amending their separate maintenance agreement so long as all
obligations as to operation, repair and maintenance of the skyway bridge, its related equipment
and integral parts referred to herein, shall be performed hereunder.
16. Venture agrees to provide the necessary repairs and maintenance of the skyway
bridge and its integral parts at its sole expense, without cost to City or Degree. Such maintenance
shall include, but not be limited to,` glass, floor, hardware and metal trim cleaning, polishing,
� repair and replacement, roof maintenance, repainting, light bulb replacement and light fixture
t.
cleaning.
17. Degree, Rosen and Venture have contemporaneously herewith entered into a separate
written agreement for sharing the maintenance, operating and repair costs of said skyway bridge
and its related equipment and integral parts as aforesaid. The HRA and City shall be furnished
with plans and specifications for all additions, alterations, or for major repairs or replacements
to the skyway bridge and pedestrian concourses, which plans and specifications shall be subject
to their reasonable and timely approval before commencement of the work contemplated therein.
Lack of approval or disapproval shall be deemed approval 14 days after submission thereof.
18. All maintenance, operation and repair costs of the pedestrian concourses through
the Rosen and Hotel properties shall be the responsibility of Venture. All maintenance, operation
and repair costs of the pedestrian concourse on, over, or through the Degree property, shall be
the responsibility of Degree.
�
�
� � . -g- � � ��'s�
. a. � � . .
� �
�
�
"� 19. Venture and Degree, their successors in interest and assigns, in accordance with
� their foregoing separate responsibilities, hereby agree to maintain the skyway bridge and the
pedestrian concourses at a reasonable standard of safety and cleanliness.
20. If Degree and Venture fail to adequately maintain, repair and operate the skyway
bridge, its related equipment and integral parts, and pedestrian concourses in accordance with
their foregoing separate responsibilities, to a reasonable standard of safety and cleanliness, or
shall fail to undertake maintenance, operation or repair of the stated portions of the skyway bridge,
its related equipment and integral parts, and pedestrian concourses, within 30 days after receipt
of written demand by the City, the City may undertake the necessary maintenance, repair and
operating tasks required, and the costs for said maintenance, repair and operating expenses shall
be assessed to and paid forthwith by the defaulting parties or their sureties; provided, however,
that the City retains the right to assess such costs against the property owners as a local improvement
in the manner provided by law.
�
� SURETY BONDS AND INSURANCE
21. Venture shall furnish and maintain a surety bond in the amount of $50,000.00 for the
skyway bridge herein to and in favor of the City of Saint Paul, as obligee, conditioned that Venture
shall forever indemnify and hold harmless the City against all expense and liability on account of
all costs, claims, suits and judgments arising out of or connected with the maintenance, operation
and/or repair of the skyway bridge, its related equipment and integral parts; and further
conditioned upon Venture complying with all terms and conditions as to operation, maintenance and
repair expressly contained in this Agreement, which surety bond shall be in such form as shall be
reasonably approved by the Director of Finance and Management Services for the City. The HRA
shall also procure from the general contractor, documentation evidencing that the general
contractor is maintaining, throughout the entire period of construction and erection of the skyway
bridge and pedestrian concourses such insurance as is set forth in the plans and specifications
� described in paragraph 1. herein, naming the abutting property owners to the skyway bridge and the
. , �
� ��/ °7 tJ.!� �j�-'�
' ., � -9-
,l�o � • . .
�
�
�
� property owners of buildings in which the concourses are located as additional insureds as required
�
�� ' by said plans and specifications--specifically, Section 4 of the General Conditions and Section 6 of
the Special Conditions thereof, copies of which are attached hereto as Exhibits C-1 and C-2,
respectively.
22. Insurance required hereunder for hazard and liability for the skyway bridge shall
be procured by and be a maintenance cost to be assumed by Venture, in accordance with the
separate agreement for the sharing of skyway bridge operation, maintenance and repair costs
that Degree, Rosen and Venture have entered into as herein provided.
23. Insurance required hereunder for hazard and liability for the pedestrian concourses
shall be a maintenance cost to be assumed by the respective building owners.
24. All building owners shall furnish and maintain, or arrange to have furnished and
maintained in their behalf, pursuant to their respective responsibilities as set forth above, public
liability and casualty insurance coverage for the skyway bridge and pedestrian concourse and
€
easement areas 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 injuries, including death, $500,000.00 for each occurrence; for property damage to the
extent of $200,000.00 in any single accident, indemnifying City and HRA against liability on
account of all claims for injury to persons and/or property arising from or connected with the
condition, maintenance, repair and operation of the skyway bridge and pedestrian concourses
herein. The casualty insurance shall have an all-risk or physical loss coverage in the amount of the
full replacement cost of the bridge. Such minimum amo�nts shall be subject to reasonable change �
upon 60 days notice by official action of the Council of the City of Saint Paul, from time to time,
in the event that statutory municipal liability limitations are altered.
SKYWAY DIRECTIONAL SIGNS
2S. The location of directional or other signs that may be installed in the System in
the aforesaid buildings shall be determined jointly by the HRA and the respective building owner.
� The initial cost of purchase of these signs shall be borne by the HRA. The costs of installation,
11
� • . -10- � 7 °j U`.�� �
. .�., . • . .
�
�
� operating, maintaining and repairing the signs shall be borne by Venture as to the Minnesota Title
� Building and Hotel concourses. As to the Degree concourse, Degree shall bear such expense.
If the location of the easement is changed, the signs shall be removed accordingly, and the cost
of moving and re-installing signs to a new easement area shall be borne by the respective property
owners requesting or participating in the change. If the sign moving requires a change in the
sign face, this shall be done at the respective requesting property owner's expense and consistent
with the graphic design system established for skyway signs.
26. The skyway bridge and concourse areas which are the subject of this Agreement
shall not be operated for the purpose of advertising the name of any product or business, or for
any other commercia! purpose, other than on business entries or store fronts, but such store front
signs and entries shall not project out from the wall surface; provided, however, nothing herein
contained shal! prevent the installation and maintenance of the aforementioned directional signs
identif ying the building names. 4
� BINDING OBLIGATIONS
27. The respective rights and obligations of the parties set forth in this Agreement
shall be binding upon and inure to the benefit of the respective parties and their successors in
interest and assigns, and shall continue in force as to the entire portion of the System dealt with
herein until such time as the System or the part thereof covered by this Agreement is vacated
and abandoned in the manner permitted by law, or terminated, in accordance with the Grant
of Easement.
28. It is understood that this Agreement does not govern the relationships and agreements
by and among Degree, Venture and Rosen themselves to each other, other than the req�irements
of paragraph 14. and 19. above.
29. Minnesota Title hereby, as Lessee of the Minnesota Title Building, agrees to
subordination of its Lease to all the terms and conditions hereof as respects the Minnesota Title
� Building and the covenants herein of Rosen, insofar as same affect and/or encumber, or will
encumber, the real estate which is the subject of that certain lease now in effect between
Minnesota Title, as Lessee, and Catherine Rosen, as Lessor.
� �—
. . -11-
� 30. The parties hereto herein reserve unto themselves the unconditional ri ht and
g
privilege of selling, conveying and transferring their abutting and/or encumbered or involved real
estate herein, or interest therein, and assigning and transferring this Agreement to any other
corporation, corporations, trust, trusts, individual, partnerships, or other form of venture. In the
event of transfer of property owner's said interest, the owner (seller) may be freed and relieved,
from and after the date of such transfer, of all liability as respects the performance of any
covenants or obligations on the part of owner (seller) contained in this Agreement thereafter to be
performed; provided that owner's successor fully and without limitation assumes in writing all
duties, responsibilities and covenants of the owner (seller) under this Agreement.
i
�
�
. 13
�o �
• � • . 12.
�
�
�
�
� � I11 WIT"i�TESS WHERFOF, the parties hereto have set their hands all
as of the day and year first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAITIT PAUL, MIrdNESOTA
By
I
By
Its
APPROVED AS TO FORM CITY OF SAINT PAUI,%
l
� � • ,
B
yor
i By
Direc or, � pa tmen o anning
jn Econo Development
By f ��Il�� �« Q'
"Director �Dep�.rtment of Finance
�`�`'�' a an 'g ent Services
d
By
i y C er
�
. � l
'�• " � . • � 13.
� ������
_
�
�
� � DEGREE OF HONOR PROTECTIVE ASSOCIATION
;' � \ , By '' L?�i✓
� � � � � � � ,�.E� �:��.�'�
,
, ° �,
� B� • .
Its �
C`��.��a _��?��,�
CATH .�I E R SEN
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
On this Z/ day of �� , 19 d d, before me, a Notary
Public within� or sai3�oun�y, peaxed G .
and .GGrN,o�.I�. .e:l� to me personally nown, o, e ry c y
me du sw�orn i say F at they are respectively the /�/'
and � � — �jtA4„�, of DEGREE OF HONOR PROTECTIVE A �O�f,
� a Minnesota fraternal enefit association, that said instrument was
signed by authority of its Board of D'rectors, and said � ,
" and .t,�„ � �,��5 acknow e e sai -
instrument to e t e free act an deed o sai`� assocation.
�.+w,.,a
WAYNE P. DORDELI �
��'�1► NOTARY PUBUC•MINNESOTA �
f� RAMSEY COUNTY :,'
MyCommission Exp�res feh.26, t9Ea �s
�s++v�rtat�cawe.:+►cs.a,�,>.�
STATE OF MINNESOTA )
) SS .
COUNTY OF RAMSEY )
On this ,22ND day of ��auARy , 198d , before me, a Notary
Public within anc�for said County, appeared CATH�RINE ROSEN, a single
person, to me known to be the person who executed the foregoing
instrument as her free act and deed.
� . ■/WWWN.'VV�'�.P."./V`J''./��t./�M�.�f./V'!'./�,MN1lV�Y
R. H. THOMSSEN, JR:
NOTARY PUBLIC-MINNESOTA
RAMSEY COUNTY
Myt Comnl.�pires Juy 28,1982
�
� 15
� � � ' . � ' .
14.
�� ST. PAUL JOINT VENTURE
� By: CAPITAL HOSPITALITY CORPORATION
\ a eral partner
v
CT �-. �
_ BY -
I � ' r
_ V � �," . �' .
.,!,
� > ,�
� � � l", ��� ';�
B . SPH HOTEL COMPANY � ' � � ..� � �'�
a general partner '� � ����
.,, ;
,
�>>,,,�� ,,,1��'
,
BY ��" LL �1��'4�, '`� `�r�'�� �
Its
�%it, �,t ;t C�.-����'t—_
STATE OF MINNESOTA )
COUNTY OF��'� °� SS.
On this �� day of (�,ti,u�, 19�, before me, a Notary
Public within and fo sai�i Coiinty, appeared (�m � � „Q,,�,,:,.,,,� ,
M nn so a cor o��i� � of CAPITAL HOSPITAL TY C RP RA I , a
� p , a�� t-��
� --- - - e6NfP
- -
�
a genera partner in ST. PAUL JOINT VENTURE, a Minnesota
partnership, that said instrument was signed by authority of the�r
Board of Directors, and they acknowledged that said instrument was
the free act and deed of said corporation�. �
STATE OF MINNESOTA ) �
) ss.
COUNTY OF RAMSEY )
The for oing instrument was ack1no�ledged be e me this
n v . bY �S� � ����� .
the - of SPH HOTEL COMPANY, a Minne-
sota corpora ion, a general partner in ST. PAUL JOINT VENTURE,
a Minnesota partnership, on behalf of the partnership.
a
. �
� � BARBARA J.KLECKER
;�� � NOTARY PUBLIC—MINNESOTA
�.: RAMSEY COUNTY
Mr Comm�ssron E�o��es luly 26. 1985
x �
/ �
� ' � '
� 14a.
a
� �
,
� TITLE INSURANCE COMPANY OF MINNESOTA
r-
By /�-�-� ,7 ,��t,-�-�
Its I//c.� „�,�'c"s.,�r->..,—
STATE OF MINNESOTA )
) SS.
COUi1TY OF RAMSEY )
The foregoing instrument was acknowledged before me this
,�::'��c--) day o f c��.�a a�T.,. �, 1 , 19`,-?�j , by �_ � . �i.4rffs a,r
c.�c.�/•9�5'a ,
the i/�G� �,��s,.�e..�; ..� of TITLE INSURANCE C MPA Y OF M '�N�S Tb�A, a
Minnesota corporation, on behalf of the corporation.
_ ��? 1 1�,� : •r
.'��'e r �.. t "r � ( �f ��� ?C
, '
� xnnnnnnnnnnnnnnnnnnnnnn kl nnnnx
� < ,;�'YP a...� �
/"� V��' �J 1A �4�LiGEPi
< / �k a rlor�ry P�ol`.c ?
� � � °�' � Ramsey Cnonty .'>1�nn. �
t My C�mmuswn Expirms Y
t �µ�r Pt3. 4, 19i3i �
0
3lYVYVVVYVYYYYVVVYVYYYVYVYWVVVVX
�
I�
� .
' � ' - -
�
�
�
� 1� .
� �
STATE OF MINNESOTA )
) SS.
COUNTY OF Rr'�MSEY )
On this �� day of , 1�, before me, a
Notary Public within and said C nty, appeare ���.,��-��,
and � , to me gersonally known, w o, being each by
m duly sworn, did say that they are respectively the �
and of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF S INT PAUL, MINNESOTA, a Minnesota public body corporate
and politic, that said instrument was signed by authority of its
Board of Commissioners, and said and
G
ack ledged aid instrument was the free
act d deed of said corporation.
� _�.
! , �
�� ��MI`NNMM/1M•
;��-. KENNETH R. GAUTHIER
.��;��� kOTARY PUSL}C-M!flNESOTA
� ��*
v��;tf�r3r,Tee��Oti1V7Y
�y�Comm.Expires Maa 31, 1985
Y�YOMWMVYYMYY�wVpNyyy+nryyyyyyyW V W a
� `
• I
V
�O - . . • .
. � ' � 16.
� STATE OF MINNESOTA )
� ) SS.
c� COUNTY OF RAMSEY )
� The foregoing instrumen was acknowledged before rae this �
day of , 19� by GEORGE LATIMER, Mayor of the i�� ty of
Saint Pay� , a m cipal corporation of the State of Minnesota, on
behalf o said ty of Saint Paul.
,�
R
��, KENNETH R.GAU7HIER
� �s.�"+�r�'�� NOTARY PlfBU�t��MlfESATA
STATE OF MINNESOTA ) � �'�.w.�' �n<�4,��a�r�r•��•�,;=.�
, � 1►►s�.n'�+re.F��4.+M�r..��, d�$4 ;7
SS• 1rVVWVWVW\!V!,�k�^J�1J`J'✓)*.VW�'�r�VV�NVVVVVVV)t
COUi�iTY OF RAM.SEY )
The foregoing instrument was acknowledged before me this �`�
day of � �- , 1� by GARY E. STOUT, Director of th�
Departm � of anning and Economic Development for the City of Saint
Paul, a munici al corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
�C/��u1PV1nAnMJ�MhMM/�MhN1�MMMJVy�i
��� KENNETH R. GAUT�-ilER __...,✓
.r NOTARY PUBUC-�3[MNESOTA
�i��� ` �
WASHINGTON COUNTY °
�......
My Comm.Exptres Mar.31,.1985
M ■
(
STATE OF MINNESOTA )
� ) SS.
COUi1TY OF RAMSEY )
The fo egoing instrument was acknowledged before me this �
day of , 19�, by BERi�TARD J. CARLSON, Director of the
Departmen o Fin e and Economic Development for the City of Saint
Paul, a municipal corporation of the State of Minnesota, on behalf of
said City of Saint Paul.
��.�.�--�� � .
� .
STATE OF MIt�7NESOTA �►��ET E.IENT
� =�� NQTARY P�18lfC—MIMNES07E4
) S S. W�Ex�re�OeC.3. 1485.
COUiQTY OF RAMSEY j
Th foregoing instrument was acknowledged before me this
��J
day of _ , 19�0 , by ROSE MIX, City Clerk for the Ci�'ty
of Sai Paul, municipal corporation of the State of Minnesota, on
behalf f said ity of Saint Paul.
`� -�
�
� ��, --�-.�..�
��
'-�"'. ALBERT B. OCSO►y
.. � .'`-. fl�NotarY Publjc. Ramsey Co. Mn.
� r "`' - MY ip ve ISSfON EXP;RES �
• � � L �r18, 1� �
"..'~..-----..._:;__
� . �
� .
� .
�
� GRANT OF EASEMENT
��
WHEREAS, ST. PAUL JOINT VENTURE, a Minnesota partnership, consisting of Capital
Hospitality Corporation, a Minnesota corporation, as general partner, and SPH Hotel Company, a
Minnesota corporation, as general partner, hereinafter called "Grantor", is the owner in fee of that
certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more
particularly described in Exhibit 1 attached hereto, hereinafter called Grantor's "Property'; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the
City of Saint Paul, Grantor, Catherine Rosen, Degree of Honor Protective association, and Title
Insurance Company of Minnesota, to grant to the City of Saint Paul, a public easement for purposes
of pedestrian ingress, egress and transit through Grantor's Property for the Pedestrian Concourse
System of the City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum of
ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, Grantor, for itself, its successors and assigns, does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian
ingress, egress and transit, in and through the Property and the structures thereon, described as
follows:
}
� all of which above-described areas shall be collectively referred to as the "easement area".
The easement area is expressly herein made subject to such reasonable policy measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
Property during non-business hours, and regarding public conduct within the System, as the City of
Saint Paul, by ordinance, from time to time may determine.
The public's right herein to pedestrian ingress, egress and trainsit, in and through the
easement area granted to City herein, shall also be, and hereby is, made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas within
or on Grantor's Property as the City of Saint Paul may, by agreement with Grantor or its
successors and assigns, from time to time, determine. This provision shall not diminish City's right
to, from time to time, exercise its policy powers unilaterally, by ordinance, concerning open hours,
or temporarily closing part(s) or all of the easement area, or concerning public conduct within the
System, nor shall such agreed or legislated hours in any manner restrict City's easement interest,
but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's
easement during the hours so agreed or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change the
location of the easement 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, its successors or assigns, and the City of Saint Paul,
( such approval not to 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 Grantor.
. ��
EXHIBIT A-1
. �. � . . -z-
� � -
�
�
Notwithstanding anything to the contrary herein, the easement granted herein shall be
�� limited to the life of the improvements constituting the System and shall terminate upon the
happening of either of the following events:
A. In the event any easement granted herein is vacated, abandoned or discontinued in
the manner permitted by law.
B. In the event the building(s) in, upon or over which the easement area is located shall
be substantially destroyed or demolished and such building(s) shall not be repaired or
reconstructed; provided, however, that in the event such building(s) be reconstructed
or replaced, Grantor, its successors and assigns agree that, without further
consideration, a substitute easement of substantially equal convenience, area and
general configuration shall be given. In the event the easement or any portion
thereof is relocated, vacated or terminated under the provisions hereof, City shall
furnish a release of such easement or portion thereof to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby agree that for and during the
life of said easement, Grantor shall be responsible for and provide for the cost of all repairs,
improvements and replacements of the easement area as described herein, it being understood that
the aforesaid covenant shall run with the land.
TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit
until the System is vacated or abandoned in the manner permitted by law or terminated, in
accordance herewith. �
� IN WITNESS WHEREOF, Grantor has hereunto set its hand this day of
, 19 .
�-
. � ( EXHIBIT A-1
3.
� ,
�ro .
�
.l' ST. PAUL JOINT VENTURE,
� a Minnesota partnership
�
� . Capital Hospitality Corporation,
general partner
� BY
Its
� SPH Hotel Company,
general partner
By
Its
k .
STATE OF MINNESOTA )
�.. _ ) SS.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a Notary
Public within and for said County, appeared ,
the of CAPITAL HOSPITALITY CORPORATION, a
Minnesota corporation, and , the
� of SPH HOTEL COMPANY, a Minnesota corpo-
ration, each a general partner in ST. PAUL JOINT VENTURE, a Minnesota
partnership, that said instrument was signed by authority of their
Board of Directors, and they acknowledged that said instrument was the
free act and deed of said corporation.
THIS INSTRUMENT WAS DRAFTED BY:
�.�
�a"
� �
� ' .• .
•�
� GRANT OF EASEMENT
`�
� WHEREAS, CATHERINE ROSEN, a single person, hereinafter called "Grantor", is the
owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State
of Minnesota, more particularly described in Exhibit 1 attached hereto, hereinafter called
Grantor's "Property'; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,
the City of Saint Paul, Grantor, St. Paul Joint Venture, Degree of Honor Protective Association
and Title Insurance Company of Minnesota, to grant to the City of Saint Paul, a public easement
for purposes of ingress, egress and pedestrian transit through Grantor's Property for the Pedestrian
Concourse System of the City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum
of ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof
is hereby acknowledged, Grantor, for herself, her heirs, administrators, executors, successors
and assigns, does hereby grant unto the CITY OF SAIN"T PAUL, a Minnesota municipal corporation,
a public easement for public pedestrian ingress, egress and transit in and through the Property
and structures thereon, described as follows:
all of which above described areas shall be collectively referred to as the "easement area".
The easement area is expressly herein made subject to such reasonable police measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
( Property 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 pedestrian ingress, egress and transit in and through the
easement area granted to City herein shall also be and hereby is made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas
within or on Grantor's Property as the City of Saint Paul may, by agreement with the Grantor
or her successors and assigns, from time to time determine. This provision shall not diminish
City's right to, concerning open hours, or temporarily closing part(s) or all of the easement
area, or concerning public conduct within the System, nor shall such agreed or legislated
hours in any manner restrict City's easement interest, but shall affect'only the public's rights
to ingress and egress and pedestrian transit in the City's easement during the hours so agreed
or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change
the location of the easement conditioned upon the grant of a new easement which shall permit
the continuity of the System, and, on the further condition that the new easement area shall
be installed at the sole cost and expense of the Grantor, on the further condition, that no
change in the easement location shall be made without the approval of the Housing and Redevelop-
ment Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City
of Saint Paul, such approval not to be unreasonably withheld, and, on the f urther condition
that said new easement shall be surveyed and described by a registered land surveyor at the
expense of Grantor.
�
�-� EXHIBIT A-2
�
� Notwithstanding anything to the contrary herein, the easement granted herein shall
� be limited to the life of the improvements constituting the System and shall terminate upon
�� the happening of either of the following events:
�
� A. In the event the easement granted herein is vacated, abandoned or discontinued
in the manner permitted by law.
B. In the event the building(s) in, upon or over which the easement area is located
shall be substantially destroyed or demolished and such building(s) shall not
be repaired or reconstructed; provided, however, that in the event such building(s)
be reconstructed or replaced, Grantor, her successors and assigns agree that,
without further consideration, a substitute easement of substantially equal
convenience, area and general configuration shall be given. In the event
the easement or any portion thereof is relocated, vacated or terminated under
the provisions hereof, City shall furnish a release of such easement or portion
thereof to Grantor, her successors or assigns.
Grantor, for herself, her heirs, administrators, executors, successors and assigns, does
hereby agree that for and during the life of said easement, Grantor or her designee, by separate
agreement, shall be responsible for and provide for the cost of all repairs, improvements
and replacements of the easement area as described herein, it being understood that the afore-
said covenant shall run with the land.
�TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit
until the System is vacated or abandoned in the manner permitted by law, or terminated
in accordance herewith.
�
�
�
��
� � • .
�
c� 3.
� ..
�..::.:::�.
���� IN WITNESS HEREOF, Grantor has hereunder set her hand this
day of , 19 .
CATHERINE ROSEN
STATE OF MINNESOTA )
' ) SS.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a
Notary Public w— ithin and for sai County, appeare�CATHERINE ROSEN,
a single person, �to me known to be the person who executed the fore-
going instrument as hex free act and deed. .
�_.� _ •
THIS INSTRUMENT WAS DRAFTED BY:
�
� �
ao .
.� . -
0�
�
� GRANT OF EASEMENT
"�
C WHEREAS, DEGREE OF HONOR PROTECTIVE ASSOCIATION, a Minnesota fraternal
benefit association, hereinafter called "Grantor", is the owner in fee of that certain land situated
in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in
Exhibit 1 attached hereto, hereinafter called Grantor's "Property"; and
WHEREAS, Grantor has agreed pursuant to that Agreement dated
by and between the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota,
the City of Saint Paul, Grantor, Catherine Rosen, St. Pau! Joint Venture and Title Insurance Company
of Minnesota, to grant to the City of Saint Paul a public easement for purposes of ingress, egress
and pedestrian transit through Grantor's Property for the Pedestrian Concourse System of the
City of Saint Paul, hereinafter the "System".
NOW THEREFORE, in pursuance of that Agreement, and in consideration of the s�m of
ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is
hereby acknowledged, Grantor, for itself, its successors and assigns, does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian
ingress, egress and transit, in and through the Property and the structures thereon, described as
follows:
�
all of which above described areas shall be collectively referred to as the "easement area".
` The easement area is expressly herein made subject to such reasonable police measures
regarding open hours and closing any part or all of the easement area within, on or over Grantor's
Property 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 area granted to City herein shall also be, and hereby is, made subject to such reasonable
measures regarding open hours and temporarily closing part(s) or all of the easement areas within
or on Grantor's Property as the City of Saint Paul may, by agreement with the Grantor or its
successors or assigns, from time to time determine. This provision shall not diminish City's right
to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours,
or temporarily closing part(s) or all of the easement, or concerning public conduct within the
System, nor shall such agreed or legislated hours in any manner restrict City's easement interest,
but shall affect only the public's rights to ingress and egress and pedestrian transit in the City's
easement during the hours so agreed or legislated.
The grant of easement herein shall be subject to the right of the Grantor to change the
location of the easement conditioned upon the grant of a new easement which shall permit the
continuity of the System, and, on the further condition that the new easement area shall be
installed at the sole cost and expense of the Grantor, and, on the further condition that no change
in the easement location shall be made without the approval of the Housing and Redevelopment
Authority of the City of Saint Paul, Minnesota, its successors or assigns, and the City of Saint Paul,
such approval not to 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 Grantor.
�
. � � EXHIBIT A-3
. . � -2-
� 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:
�
S A. In the event any easement granted herein is vacated, abandoned or discontinued in
1 the manner permitted by law.
`� B. In the event the building(s) in, upon or over which the easement area is located shall
be substantially destroyed or demolished and such building(s) shall not be repaired or
reconstructed; provided, however, that in the event such building(s) be reconstructed
or replaced, Grantor, its successors and assigns agree that, without further
consideration, a substitute easement of substantially equal convenience, area and
general configuration shall be given. In the event the easement or any portion
thereof is relocated, vacated or terminated under the provisions hereof, City shall
furnish a release of such easement or portion thereof to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby agree that for and during the
life of said easement, Grantor shall be responsible for and provide for the cost of all repairs,
improvements and replacements of the easement area as described herein, it being understood that
the aforesaid covenant shall run with the land.
TO HAVE AND TO HOLD-said public easement for pedestrian ingress, egress and transit
until the System is vacated or aban,�[oned in the manner permitted by law or terminated, in
accordance herewith.
�
�
� �'� EXHIBIT A-3
ao ,
.� . ' .
� �
�
� 3.
�
�:�.;�
IN WITNESS WHEREOF, Grantor has hereunto set its hand this
day of , 19
( S E A L ) � DEGREE OF HONOR� PROTECTIVE ASSOCIATION
� BY
Its
BY
- Its
STATE OF MINNESOTA )
_.. ) SS.
COUNTY OF RAMSEY )
�
�'�� ;. On this day of , 19 , before me, a Notary
Public within an�—for said County, appeared
and , to me personal y known, who, being
each by me u y sworn, did say that they are respectively the
and of the
DEGREE OF HONOR PROTECTIVE ASSOCIATION, the association named in the
foregoing instrument, that said instrument was signed and sealed by
authority of its Board of Directors, and said
and acknowledged said instrument was the free
act and deed of said association.
-�:: �
� �� .
� � � � . � � � - � ,� �
. � I
,�.� . 1 .-a
s � /
.� - - -- --- ____ . ._ ._ _ . -- - -- - -
,
�C �
i
Fourth Street
__ ._ _ _--— — .-- - --- _ _ _ _--------- -- --- _
�
�----- _i-_-= — ,— — --- � - - �
� �
'v
� � ^ 12' �
::�' -�-�
---- ABSTRACT :�:►::::.;:::;:�:;:;�::�:::::�.. Cn
....; :�
BU I LD I NG �:::::�: �
� »:« c�
.. • �o� �
--- ---— �■...■� �I ; �
� � �' DEGREE U
� _ ��� OF HONOR fl
/ !i
� � � �
� ��•
,/ � � ,
-. � � ���������� . �
' �
C �_i_-- y p
1 � _
'.Y
K�'�f-�'_�L'71.A ��G_L-
I
�i� �
- �T��' - � . �' I� _..',— I — — I
• � ir - � ��I�
o ,� —
11'
� � � � �
U � ��_. 12' -�
1�
w �.- • ;
��� � ST, PAU L I
� �;;�, ` ....: 1 RAD I SS�N HOTEL
. � .
�_ , , !
� � I
`�l� —�--�� I � � -'__i{—`;i-L�'.�' � , . � EXHIBIT ��8��
��� � � Skyway Level
r.s t�..sa�•w:�-asw�w� -
— ._ _ _ __ .....�:;easement �
'�bri dge '
�
ellogg Boulevard �-- directional sign
. �� .
.�, .. . �.�e��
• � �
� � �
� �
� �
� � i _
� � Fourth Street i � � - _
� � , :.
, , , , _
, , -
, � - -
_ , _ .
, �--� '-�-------� :+,-:::t
. � ��°� I Q�
I � ;.
_ � . � !
,
_ ABSTRACT ', _ � .: � �
BUILDING ; , - ,,� ;
_ , , � ,
_ _ _ __ � �. � ;.
_ � �
_ � � . � `:
- �� _ V �
, - �
, DEGREE OF HONOR; � -
. �
_ _
- _ _ � __
_ _ _ . �
. _ __
. _ : �
� # _. _ _.
� � -. - - �
� - �
---�� _
. � �.,.�..�
� -
_
ST, PAUL RADISSON HOTEL i
a; ;�► -
-�';�:��...$. -
� �:�, � =
��� �� _ �
:
�:�c
-��.:�-::::.��...��� _ _ . _-.
��:������ EXHIBIT "B"
.�.�.t
'� '�� Street Level �
,,...,, easement �
Kellogg Bou�evarc� ; . :-
� 3 0 __.
�o. � .
, ,� _ , -
�
1
�
� 4. INSURANCE
The contractor shall furnish proof of insurance directly to the City Attorney prior
to commencing work. The contractor shall hold harmless and defend the City, where
applicable, against any and all clairns 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 relieving the contractor of any
of its obligations. The contractor shall carry the following insurance naming the
City as a co-insured thereon:
A. Contractors Public Liability Insurance with limits of $500,000/$500,000
naming and protecting the contractor, all subcontractors, against claims
for injury to or death of one or more persons as a result of accidents which
may occur at the site from operation under the contract.
B. Property Damage Insurance with limits of $150,000/$300,000
C. Workmen's Compensation Insurance in compliance with the Laws of the
State of Minnesota.
D. Automobile Insurance, including owned, hired and non-owned vehicle coverage
limits of $100,000/�300,000 bodily injury and $50,000 per occurrence property
dam age.
�. .
� EXHIBIT C-1
. 3I
.
� . . . . ..�. ._ '�f�'��
� -. . , . _. � , -� �.
a
� .
�
.
� 6 INSURANCE
Modify Section 4 of the General Conditions, as follows:
a. Insert the following after City:
"and Hammel, Green and Abrahamson, Inc."
b. Paragraph B: Property Damage Insurance. 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 one 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 during the policy period.
c. Paragraph C:,
The Builder's Risk Insurance shal! be for the benefit of the Contractor, the City of
St. Paul, the HRA and the abutting property owners as their interests may appear in the
value of the cost of the work under this contract, and each shall be specifically named
in the policy or policies as an Insured; or at the Contractor's option, a Blanket Owner's
Protective Policy covering all Owners (including adjacent building owners) may be provided
in lieu of the above Builder's Risk Insurance and the City of St. Paul Uniform Certificate
of Insurance. �
�
d. Add the following after paragraph D: �
CE. The Contractor shall also cause to have executed the City of Saint Paul "Uniform
Endorsement" required by the Saint Paul Legislative Code, as amended. This form can
be obtained at the service desk on the 6th Floor of the City Hall Annex.
�
EXHIBIT G2
� 3 �
• .
� � 7 D � � � o � • , ..- .
�G (7 � � ,+ t/1 N� �! (7 �
j � Q � �' D =� y' � C P�l
n � N � � fl- p � �' �
�.r, 1'.'� N -r 'ry
� � ` c� S O
f C � C� N l�D W '� �
� 1Z � -, C� � � � Z � �
-1 � �? ,� ° `< ` � m � �
� "'�' Za o a � � � cn
� � � _ -,, �
c� 70 = a' - ' ; � � n �D
a ,..r
� � � n ,h
-� (D
� 1/1 � � N C p 1!�
� " G 1 .� ` �/�
� � � � O S � t �+
� � _ ��,��
m0 �
�o Z o a " � •:v':� . � �—y�
� C � C �/ [
• '�' � � � ��� 1 '
C rr �
�