277056 WHITE - CITY CLERK
PINK - FtNANCE
CANARY - DEPARTMENT COUt1C1I �j
BLUE - MAYOR GITY OF SAINT PAUL File N(! `�'� �-`�-�'�
City Attny/PBB , , —
Counc ,� eso uti
Presented By �
Referred To Committee: Date
Out of Committee By Date
BE IT RE50LVED, 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 22, 1980,
between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Paul; MinnESOta Mutual
Life Insurance Company; and the Degree of Honor Protective
Association, attached hereto, which Agreement contains covenants
and obligations touching and concerning the following described
property in the City of Saint Paul:
Lots 1 and 4, Block 23, City of Saint Paul
(St. Paul Proper) ;
and
Lots 14 , 15 and 16, Block 20, 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.
COU[VC[LMEN Requestgd by Department of:
Yeas Nays
Hunt
Levine In Favor
Maddox
McMahon O B
Showalter - __ Agaillst Y
'Fa�lacac
Wilson
JUN 2 5 1981 Form Ap oved by C't At ney
Adopted by Council: Date — ` •
Certified � ssed by Cou il S tar BY • ��� '"
By, .
App by 17avor: Dat JU 2 9 1961 - A P ved by Mayor for Sub is n to�uncil
By _ B
B��s�t� J U L 3 �.901;
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' - 277056 and. its attacl�e�t. Tt►is reeolUtion asa a�ciopt�d- by #hp Rt: -
; l�avl� Cit�;Conncil °on J�ne 25� 1981:. � . _ ". ._.
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� ; A G R E E M E N T '''' �' " �'.��
THIS AGREEMENT made and entered into this 22nd day of
January , 19�_, by and between the HOUSING AND
REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a .
Minnesota public body corporate and politic, hereinafter referred
to as the "HRA" , the CITY OF SAINT PAUL, a municipal corporation,
hereinafter referred to as the "City" , MINNESOTA MUTUAL LIFE "
INSURANCE COMPANY, a Minnesota insurance company, hereinafter
referred to as "MML" , and DEGREE OF HONOR PRaTECTIVE ASSOCIATION,
a Minnesota fraternal benefit association, hereinafter referred
to as "Degree" .
WITNESSETH:
( WHEREAS, the City and the HRA, through the Downtown Urban
`..
Renewal Project, Minn. R-20, undertook to develop a pedestrian
skyway system within the Downtown Central Business District,
hereinafter "the System" ; and
WHEREAS, the City, pursuant to Chapter 764, Laws of Minnesota
1973, is authorized to operate the System; and
WHEREAS, an extension of the System with a skyway bridge
over Fourth Street between Cedar and Wabasha Streets from the
MML Building to the Degree Building has been approved as part
of the Community Development Revenue Sharing Year III Block Grant
Program; and
WHEREAS, the extension of the System including a skyway
bridge over East Fourth Street necessitates the flow of pedestrian
� traffic through certain portions of the MML Building and the
' Degree Building; and
. � 2.
WHEREAS, all parties hereto are desirous of the construction of
� the skyway bridge over Fourth Street; and
WHEREAS, substantial public monies will be expended for the
design and construction of the skyway bridge over Fourth Street; and
WHEREAS, a benefit will inure to the respective building owners
by virtue of being linked to the System; and
WHEREAS, the City, by Ordinance No. 16362, Council File No.
269927, granted the HRA permission to construct and operate a skyway k
bridge across East Fourth Street between Cedar and Wabasha Streets,
which Ordinance is attached hereto as Exhibit A, and its terms and
conditions are hereby fully incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
� BRIDGE CONSTRUCTION
1. That this Agreement is subject to all the terms and conditions
of the aforesaid Ordinance No. 16362 as adopted by the Council of the
City of Saint Paul, the terms of which are incorporated herein by
reference. All parties hereto other than City and HRA are considered
to be permittee' s successors under the terms of said Ordinance.
2. The HRA agrees to design, construct and pay for a skyway bridge
connecting the MML Building and Degree Building in accordance with
HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourse herein prepared for HRA by Hammel, Green and
Abrahamson, dated October 12 , 1979, also known as Bid No. A8398-S,
and reviewed by MML and Degree. Said skyway bridge shall include
support structures and related mechanical/electrical facilities
� located on the skyway bridge for heating, ventilating, air condition-
ing, lighting and roof drainage to be tied into the respective systems
, � 3.
of the abutting buildings, glass and aluminum doors at each end of
the skyway bridge, finishing at skyway bridge ends , and insulated glass
�
to the extent glass is ued to enclose said skyway bridge. The skyway
bridge mechanical system shall be tied into the mechanical system
within MML, and the electrical system to that of Degree. The skyway
bridge roof drainage system shall be tied into the interior drainage
system of MML. HRA will accomplish and pay for any mechanical system
and electrical system installations and connections which are shawn t
in the approved plans and specifications to be part of the HRA con-
struction contract. �
CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES
3. HRA will construct the pedestrian concourse extending through
the Degree Building which connects the skyway bridge over the Degree
Building auditorium with the skyway bridge over Fourth Street and
'`` payment therefor shall be in accordance with the skyway bridge and
concourse agreement executed by and among Degree, St. Paul Joint Venture,
HRA, City and Catherine Rosen.
4. HRA will construct the pedestrian concourse extending through
the MML Building which connects the skyway bridge over Fourth Street
to Degree with the skyway bridge over Cedar Street to the Athletic Club,
and HRA will pay for all system elements as noted in the approved plans
with the exception that MML will pay one-half the cost of new partition
walls and the full cost of the finish (paint, wall covering, etc. ) on
that partition wall surface facing its private areas.
5. All costs for MML Building alteration or decorating in private
areas or outside the pedestrian concourse area except as oth�erwise
provided for herein, shall be borne by MNiL.
� 6. The parties agree that in the construction, maintenance, repair
and operation of the System, they shall be bound by all City codes and
� � 4.
ordinances governing or relating to the System, insofar as applicable.
� HRA warrants that the design and construction of the skyway bridge and
pedestrian concourse shall be in accordance with all applicable
ordinances and state and local codes , and/or shall be approved as
constructed according to such ordinances and codes.
7. HRA will include a provision in its contract for the construc-
tion of the skyway bridge whereby the contractor consents to the
assignment of warranties to the owners of the buildings abutting the
bridges, and HRA shall assign such warranties to them upon final
completion, without relinquishing its own rights under such warranties,
and, if necessary, HRA will cooperate and assist in any prosecution of
lawful and proper claims such owners may later assert against the
contractor(s) and/or architects or others arising from faulty design
or construction of the skyway bridge.
� EASEMENTS
8. Upon completion of construction and furnishing to the building
owners an architect's certificate certifying completion in
accordance with the plans and specifications, MML shall grant to the
City without further consideration, a permanent public easement for the
System through its building in accordance with the aforesaid plans and
the attached Exhibit B, the detail description of which will be determined
at HRA expense by a registered land surveyor after construction. Said
easement shall be granted prec�sely in the form attached hereto as
Exhibit C, and shall grant to the public the right of use of said
pedestrian concourse and skyway bridge for purposes of ingress, egress
and pedestrian transit, except for such reasonable police measures
� regarding open hours and closing any part of the concourse within the
parties' buildings as the City may, by ordinance, from time to time
. ' 5.
determine, or regarding such public conduct within the skyway system
as may be prohibited by skyway ordinance, as amended. The pedestrian
� concourse 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 St. Paul Joint Venture, as owner of
the Radisson St. Paul Hotel, for designated hours betweens the hours �
ot 7:00 a.m. Sundays to 1:30 a.m. Mondays, an two weeks prior"written r�otice
by St. Paul Joint Venture to City, Degree and MML. MML is
�
obligated only to keep the easement area itself accessible to the public '
during such hours. .
9. That said easement to be granted by MML through the MML
Building as shown on Exhibit B shall commence at the easterly property
line of MML where the skyway bridge from the Athletic Club penetrates
the MML property and im�►ediately extend southerly along and within the
� easterly wall of the MML Building to its southeast corner, thence
�esterly, then southerly to the southerly property line of MML where
penetrated for the skyway bridge across Fourth Street to the Degree
Building, and that said concourse easement shall continuously be at
least 12 feet in width, except at enlarged areas for nodes or where
the structural design of the building is such that a width of 12 feet
is impossible. It is understood that the easement area represented on
Exhibit B shall, upon completion, extend from the existing floor to the
existing ceiling.
10. That all rights respecting such easements across the Degree
property are provided for in the aforesaid skyway and concourse agree-
ment by and among Degree, Venture, City, HRA and Catherine Rosen.
11. MML agrees that the pedestrian concourse shall be designated
as a public pedestrian easement and all ordinances of the City applic-
` able to the System shall govern.
. � �.,� `��,�.�
5a.
� 12. The grant of easement herein shall be subject to the right
of the grantor, its successors and assigns, to change the location
of the easement area (s) 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 (s) shall be installed at the sole
cost and expense of the grantor, and, on the further condition that
�
�
�
6.
no change in the easement location shall be made without the approval
� of the HRA and the City, which approval shall not be unreasonably
withheld, and, on the further condition that said new easement area (s)
shall be surveyed and described by a registered land surveyor at the
grantor' s expense. � .
13. Notwithstanding anything to the contrary herein, the ease-
ment to be granted herein by MML 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 is vacated
abandoned or discontinued in the manner
required by law.
B. In the event the building(s) in, upon or over which
the easement area is loca ted 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 sub-
� stitute 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.
14. The HRA and, the 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 condemmation
or under the threat of condemnation. Said waiver applies to the
easement on or through the respective buildings or properties but not
to the skyway bridge itself, except insofar as property owners, as a
result of condemnation, incur expense as a result of property owners '
demolition of said skyway bridge.
� 15. It is agreed by and between the parties hereto that the
skyway bridge shall at all times be owned by the City and/or HRA, and
. � �.
said skyway bridges 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.
OPERATION AND MAIiJTENANCE
16. That MML and Degree shall maintain and operate the electrical,
heating, ventilating, air conditioning and drainage facilities in and
serving the skyway bridge at their sole cost and expense, and shall
keep and maintain the skyway bridge in repair and shall keep it
reasonably clean and free of litter and debris.
17. MML and Degree agree to provide the necessary repairs and
maintenance of the skyway bridge and its integral parts at their sole
expense without cost to City or HRA. Such maintenance shall include,
but not be limited to, glass, floor, hardware and metal trim cleaning,
� polishing, repair and replacement, roof maintenance, repainting, light
bulb replacement and light fixture cleaning. The HRA and City shall be
furnished with plans and specifications for all additions or alterations,
or major repairs and replacements to the skyway bridg� and pedestrian convourse,
which plarns and specifica.tions shal.l be subject t�o their reasonable and timely
approval before �oa�menoem�nt of the �ork �ntemplat� therein. Failure to approve or
disapprove such plans and specifications in whole or in part within 14 days of
reoeipt of same shall be d�eemed approval thereof.
18. MML and Degree shall enter or have contemporaneously herewith
entered into a separate written agreement for sharing the maintenance,
operation and repair oosts for said skyway bridge, its integral parts and equignent.
19. MML hereby agrees to provide all repairs and maintenance so
as to maintain the pedestrian concourse and adjacent access areas , at
� a reasonable staru7ard of safety and cleanliness, and to provide operati.ng wsts for
the peclestrian coricourse through the NIl� propexty.
. � 8.
20. If MML and Degree fail to adequately maintain, repair, and
� operate the said skyway bridge, its integral parts and related equip-
ment, or if MML fails to adequately maintain, repair and operate
the pedestrian concourse to a reasonable standard of safety
within 30 days after receipt of written demand thereof by the City,
the City may undertake the necessary maintenance, repair and operating
tasks required, and the costs incurred by City for said maintenance,
repair and operation shall be assessed to and shall be forthwith
paid by the defaulting partie (ies) or its (their) sureties; and c�emand therefor
shall first be made in accordance with the maintenance agreement
executed by and between the parties, as amended from time to time;
provided, however, that the City retains the right to assess such costs
against the party(ies) as a local improvement in the manner provided
by law.
� SURETY BONDS AND INSURANCE
21. MML and Degree
shall together furnish and maintain a surety bond in the
amount of $50, 000. 00 for the skyway bridge, to and in favor of the
City of Saint Paul, as obligee, conditioned that said building owners,
their respective successors in interest and assigns shall comply with
the terms and conditions of the Ordinance and shall forever indemnify
and hold the City harmless in accordance with said Ordinance against
all expense and liability on account of all costs, claims, suits and
judgments arising out of or connected with the removal, maintenance,
operation and/or repair of the skyway bridge, its integral parts and
related equipment and the adjacent access areas associated with each
of their respective buildings and, further conditioned upon
` the building owners, their respective successors in interest and
. ' 9.
assigns, complying: with all terms and conditions expressed and con-
tained in this Agreement, as to removal, operation, repairs and
� maintenance, 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 HR.A shall also procure from the general contractor,
documentation evidencing that the general contractor is maintaining, �
thro ughoutcthe entire period of construction and erection of the sky- -
way bridge, such insurance as is set forth in the plans and specifi-
cations described in paragraph 1. herein, naming the abutting property °
owners to the skyway bridge as additional insureds as required by said
plans and specifications, specifically Section 4 of the General Co�ditions
and Section 6 of the Special Conditions thereof, oopies of which are attached hereto
as Exhibits C-1 and C-2, respectively.
22. Insurance required hereby for casualty and liability shall
be a maintenance cost to be assumed by MML and Degree for� the skyway
Cbridge and sh all be shared in accordance with the separate agreement
for the sharing of skyway bridge operation, maintenance and repair
costs that MML and Degree shall enter into as provided herein.
23. Insurance required hereby for casualty and liability for
the area designated as easement for the pedestrian concourse herein
on the M1��L property shall be a cost to be assumed by MML.
24. MML and Degree shall furnish and maintain public liability
and casualty insurance coverage for the skyway bridge, and NIP�iL shall
do so as to the concourse on its property, with a duly licensed insurance
company, where the City and HRA shall be designated as additianal insureds,
said insurance shall be in conformity with the requirements of para-
graph f. of the Ordinance, 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,
which miniirn�► aamunts shall be subject to incrnase in i.ncrements of up to 50� in any
five year period by official action of the do�cil of the City of Saint Paul from
• � 10.
time to time rn the event statutory munici�al liability limits are
� altered at any time after the dat� hereof. T4�e casualty �nsurance shall have an
all-risk or physical loss �enrerage in the aimimt of the fu11 replacemerit cost of the
skyway bridge.
SKYWAY DIRECTIONAL SIGNS �
25. The location of directional or other signs that may be
installed in the pedestrian concourse in the MML Building shall be �
1
determined jointly by the HRA and MML. The initial cost of purchase
of all System signs shall be borne by the HRA. The costs of installa-
tion, operating, maintaining and repairing the signs shall be borne
either individually by the party on whose property the sign is located,
or as to signs located in the skyway bridge, jointly by those parties
to whose building the bridge attaches. If the location of the ease-
� ment is changed, the signs shall be removed accordingly, and the cost
af moving and re-installing signs to a new easement area shall be
borne by the property owner. If the sign moving requires a change in
the sign face, this shall be done at the property owner's expense and
consistent with the graphic design system established for skyway signs.
26. The skyway bridge and pedestrian concourse area which are
the subject of this Agreement shall not be operated for the purpose of
advertising any product or business or for any other commercial
purpose, other than on store fronts, which store front signs shall not
project out from the wall surface; provided, however, nothing herein
contained shall prevent the installation and maintenance of the afore-
mentioned directional sign(s) identifying the building names.
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, grantees
� 11.
and assigns, and shall continue in force until such time as the
� concourse system or that part referred tA herein is vacat�ed or abandoned in the
manner �*m;tted by law, or terminated in accordance with this Agreement
or the Grant of Easement itself.
28. The property owners herein reserve unto themselves the
unconditional right and privilege of selling, conveying and transferring
their abutting and/or encumbered or involved real estate herein and
assigning and transferring this Agreement to any other corporation,
corporations, trust, trusts, individual, partnerships , or other form of
venture. In the event of transfer of property owner's interest in the
property, the owner (seller) may be freed and relieved, from and after
the date of such transfer, of all liability as respects the performance
of any covenants or obligations on the part of owner (seller) contained
in this Agreement 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.
INTERPRETATION
29 . In the event of any unresolvable , direct conflict which may
arise as between the terms of this Agreement and the Ordinance, the
Ordinance shall control, and as between this Agreement and the form of
Grant of Easement attached hereto as Exhibit C, the form of Grant of
Easement shall control. The Agreement, however, may assign duties and
responsibilities in addition to those contained in the Ordinance as
long as not in mutually exclusive direct conflict with the terms of
the Ordinance.
�
� 12.
I Ii1 1nTITNESS ��THEREOF, the parties hereto have set their hands all
Eas of the day and year first above written.
HOUSING AND REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
By
By
It
APPROVED AS TO FORM CITY OF SAIt1T PAUL
s
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It May
` By
Its Direc , Department of P anning
. ;,.,�nd Econ ' c Development
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By� — , ` ��
�� Its Direc�ar, Department of Finance
an a�e ent Services
d
Its ity C erc �
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' 13.
:�,{�MINNESOTA MUTUAL LIFE INSURANCE COMPA�Y
� �� � � /;
By ,
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ALAP1 P�FvI"St`!K. SE�4ND�IICE�RESl.�T �, � ',; ����,I�,� �- ,
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', � ; iV�,�4�i1 ��,A.�z��, A SISTANT SEC�,ET�',ri`r " ; ` .
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` � ' � � '; ' DEGREE OF HONOR PROTECTIVE ASSOCIATION
By �? �� �.
BY �,.C�^-���J � . .Zil/./,�•/ . �
STATE OF MINNESOTA )
) SS .
COUi:JTY OF RAI�ISEY )
On this ��� da of ;" 19 �� , '
�_ Y , b fore , a Notary
Publi� 'tnin a d for said ounty, peared ��•
� and o G���
� �"-C�
/' � , t me personally nown w o, eacfi-�e -
being� du y, s orn, a�a sa . t at •hey are respectiv�J`�Ithe 'id1��.� .Z,
" ,I'" �_ and /Ii � � o NNESOTA MUTUAL��
L�� IiJS RAc10E CO�iPANY, a T�nnesota insur e comp n�, that said instru-
ment wj�s,., signed b authority of its Board . f D�:� , and said
(� � ,�n Jl and ! �h.�c.,:� acknowledged said
instrument was e ree act and e o sai corporation.
, ���y� �. 'd L11i�n-
XAAAAAAAAMAAAAA ���'
a ;;;;.��•.. SUZANNE 0.Hi15ftNGS `
STATE OF MIi11JESOTA a =:==���`?"
) ,,. NOTARY PUBkiC-M!Nl�SOTA �,
) ss. � �:�� �ne�s�roourrnr y
COUid'I'Y OF RAMSEY ) � �-' MY�°mm����l►�7,�9a� ':
�vv�ro�rne rro�r�x
On this Z./ day of , 19 $O, before me, a N tary .
Public wi�an and�or sa' ounty peared e .
�d me personally known, w , eing e� y me
� /
duly s or�, did sa t at they are respectively the � /u.s ,
and �� -'�'�qfof DEGREE OF HONOR PROTECTIVE ASSOCI TIO'�, a
Minnesota fraternal benefit association, that said instrument was signed
by authori.ty ofA its �Boa�d of Directors, and said G . ��(��
and ��t. /�. ���l�sacknowledged said instrumen w t e -ree
act an ceed of saic� association.
� MJ�O �
�-..�«� WAYNE P. DORDELL �
:F,�.lt � NOTARY PUBLIC-MINNESOTA
� >� RAMSEY COUNTY
.`��' My Commission Expirea Feb.28, 1991
ti
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i4. � � ��"�
� STA1^E OF MINiV�SOTA )
) SS.
COUi�TTY OF 221�MSEY )
On this � day of , 19�, before me, a Notary
Public within and for sai Count , appeare _
�d ! , to me personally nown, who, being each by .
me duly sworn, did say that they are respectively the
and of the HOUSIi�TG AND REDEVELOPMEIdT AUTHORITY OF
THi CITY OF SAI TDQ PAUL, MI1viVESOTA, a Minnesota public bod cor orate
Y P
and politic, that said instrument was signed by authority of its Board
of Commissioners, and said and
� ac owledged that said instrument was the
free ac and deed of said corpor.ation.
.,
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�%��, K�NP;ETH R•GpUT41'v�n'�R Mx
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<<�g� N07ARY P�g���_�.luyESOTA
< �UyComSN�,rGtcracc�ui•iTY
* m•�xPlres Mar.31, 1 ggs
V�ti'1ryWyyy�WVW K
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' 15.
STATE OF MINNESOTA )
) SS.
� COUNTY OF RAMSEY )
,�
The foregoing instrument was acknowledged before me this � —.
day of _ (ka„�:�.� , 19�CG by GEORGE LATIMER, Mayor of the City of
Saint Pau�ta my��icipal corporation of the State of Minnesota, on
behalf of said �"ity of Saint Paul.
�� /�
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� �', K���^!Ei'y R. GAUTHI£R
+ < c y P�CTAtiY PL'P.LIC-h°,I;dNESOTd
STATE OF MINN�,SOTA ) < .: , ;-:
�`;1.::* „1ASHifdGTOP:r_�UrtTY
� .S.S . � Trly Comm.ExAires Mar.31, 2998 �s
COUi�ITY OF RAMSEY ) '�w��vwwvwv�vw��,�,v,M,vvv,�N
The egoing instrument was acknowledged before me this ��
day of .,�. , 19 $r� by GARY E. STOUT, Director of the
Departmen of Pla ing and Economic Development for the City of Saint
Paul, a m nicipal corporation of the State of Minnesota, on behalf of
said Cyt of Saint Paul.
�
������4 KENNETN R. GAUTNtER !`i
�i-'�a�`��r 1107ARY PllEii7�-wtl�tc'S0T.1 � �
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4tiASHIMG;OP1.^.a�;�r'7Y
My Comm.Expires Mar.31, 1985 �
f VWV�'1/W/'VYVIMWWVVYJtinyWWWWyW■
C STATE OF MINI�iESOTA )
, SS.
CAUi1TY OF RAMSEY )
The fo egoing instrument was acknowledged before me this q
day of �_, 19�p, by BERi1ARD J. CARLSON, Director of the
Departmen o Finar�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.
`���G� G f ��
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y
VJQlE7 E.IEkT
STATE OF MIt11JESOTA ) " �'IOTAftY PUE3LIC—MINNESOjA
� SS. RAMSEYCOUN7Y
COUiJ i Y OF RANISEY ) ����f���� �j �� r
��
The oregoing instrument was acknowledged before me this � _
day of �, . , 19�U , by ROSE MIX, City Clerk for the City
of Sain aul, a unicipal corporation of the State of Minnesota, on
behalf f said ' y of Saint Paul.
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�• 550 PROCEEDINGS OF THE COUNCIL
yY��
�• after its assa e, a unde*:a:
- p g pproval and publica- �The Council of the City of Saini Paul to be .-_
��:.. -,:.: Y • tion. Does Ordain: ($600.�i:�
�"�.N�'� Adopted by the Council November 3, passage�.
, 1977. SECTION 1 accou i:
� Yeas — Councilmen Butler, Hozza, That permission and authority here- ment c�
^+� �. bq are granted to the Housing ancl bers;
�s:� �= Hunt, Levine, Roedler, Sylvester, Redevelopment Authority of the Cit�• d Ti:
Tedesco—?. of Saint Paul, Minnesota, a Biinnesota the Df�
Nays-0. corporation and/or its successor; in docume:.
�; Approved November 4. 1977. interest to con;truct, maintain and op- head
erate the followin overhead F
6 pedestrian a part ,
� ,� GEORGE LATIDiER passageways over the public streets to its, -
�: -� Mayor within the corporate limits of the Cit
` of Saint Paul; and y limitec
�.-�, (November 12, 197?) tracts.
�. 1) across East Seventh Place bet�ceen plans, ;_
the intersection there�vith of 31in- plans;
- nesota Street and Robert Street, e. Th�`
Council File No. 269927—Ordinance No. said overhead pedestrian pas;age- each c�.;
~,� 16362—By Ruby Hunt— way to be extended from the to the :.
`� AN ORDINANCE MAHING. PROVI- southnsderof East Sevlenth Place pprat-��'
SION THEE2EFOA AND GRANTING to Donaidson's on the north side the Ho�,
UNTO THE HOUSING AND REDE- of East Seventh Place. thorit�-
VELOPMEl\'T AUTHORITY OF THE g) across Robert Street between the biinne�c�
CITY OF SAINT PAUL, MINNESOTA, intersection therewith oi East specifica:
A MINNESOTA CORPORATION, AND Seventh Place and Eighth Street, trian p�:
ITS SUCCESSORS OA ASSIGNS,PER- said overhead pedestrian passage- filed ��i•
_ MISSION TO CONSTRUCT, MAIN- way to be extended from existing Work; ;
': TAIN AND OPERATE THE FOLLOW- Donaldson's on the west side of struc:ior
��� � ING OVERHEAD PEDESTRIAN PAS- Robert Street to the Metro Square pliance •
SAGE�VAYS OVER PUBLIC STREETS Building on the east side of Rob- of Sta;e
WITFIIN THE CORPORATF LIMITS art Street. Official;
t OF TFiE CITY OF SAINT PALTL; AND 3) across Cedar Street between the amende�'
1) ACROSS EAST SEVENTH PLACE intersection therewith of East Code ai:;
� BETWEEN THE INTERSECTION Fourth Street and East Fifth �g pe;•r
TIIEREWITE3 OF MINNESOTA Street, said overhead pedestrian of Coi::r
STREET AND ROBERT STREET, passageway to be extended from Iiousing
SAID OVERHEAD PEDESTRIAN the existing Ath?etfc Club Build- ment;
PASSAGEWAY TO BE EXTEND- ing on the east side of Cedar f. Tha,
ED FROM THE EXISING BREM- Street to the Minnesota Mutual cessors i:
ER BUILDING ON THE SOUTH Life Building on the west side of fy, ho:c:
SIDE OF EAST SEVENTH Cedar Street. of Saint
PLACE TO DONALDSON'S ON 4) across East Fourth Street between emplo��ec-
-�' ' TIiE NORTH SIDE OF EAST the intersection therewith oi Cedaz claizns, ie
SEVENTH PLACE. Street and Wabasha Street, said penses r:
'°� 2) ACROSS ROBERT STEtEET BE- overhead pedestrian passageway of �cha:e
» • TWEEN THE INTERSECTION Minnesota n4ut al Li eeBu ld ng p n��o�,i;
THEREWITH OF EAST SEVENTH an the north side of East Fourth
PLACE AND EIGFiTH STREET, erectioi:.
SAID OVERFIEAD PEDESTRIAN Street to the Degree,of Honor or remoc
PASSAGEWAY TO BE EXTEND- Building on the south side of East passa;e:�..
ED FROM EXISTING DONALD- Fourth Street. plementa
SON'S ON THE WEST SIDE OF their ps.
ROBER3' STREET TO TE� SECTIpN 2 hereunc.r.
� METftO SQUARE BUILDING ON That the Director of Public \rorks succes�m.
THE EAST SIDE OF ROBERT �hereby authorized tn issue necessai5 maintair.
STP.EET. other ez�
permits to said permittee, the HousinB surance C
3) ACROSS CEDAR STREET BE- and Redevelopment Authority of the Casualtc-
TWEEN TI3E INTERSECTION City of Saint Paul, Minnesota, for the extent of
THEREWITH OF EAST FOLTRTH construction, mafntenance, and opera- person :�
STREET AND EAST FIFTH tion of said overhead pedestrian pas- incident.,
STREET, SAID OVERHEAD sageways according to the plans and for dar.zc
PEDESTRIAN PASSAGEWAY TO specifications approved by the Depart- accident.
BE EXTENDED FROM THE EX- ment of Public Works and at the sep- Saint Pa:
ISTING ATFiLETIC CLUB BUILD- arate cost and expense of said permit- of all cia
ING ON TFiE EAST SIDE OF tee, upon said permittee's compliance jury to
CEDAR STREET TO THE MIN- with the following conditions. arising f
NESOTA MUTUAL LIFE BUILD- a. The said permittee and/or its suc- construct:
ING ON THE WEST SIDE OF cessors in interest shall, at its own cost operatim:
� CEDAR STREET. and expense and in accordance with tures he:
4) ACROSS EAST FOURTH STREET all appiicable ordinances of the City of furni=h
BETWEEN THE INTERSECTION Saint Paul, statutes of the State of coverage.
THEREWITH OF CEDAR STREET Minnesota and regulations of public Director
AND WABASHA STREET, SAID authority having cognizance, construct. Service; �
OVERHEAD PEDESTRIAN PAS- maintain, and operate said overhead g. That
, SAGEWAY TO BE EXTENDED pedestrian passageway hereunder; ceed �t•iti
�:c�'';, FROM THE EXISITING MINNE- b. That said permittee shall pay the uniess ar.
SOTA MUTUAL LIFE BUILDING costs for the publication of this ordi- have fu:-
�` ON THE NORTH SIDE OF EAST nance: sions re
.�.,' FOURTH STREET TO THE DE-I c. That said permittee shall pay the demnificc:-
-�: GFiEE OF HONOR BUILDING ON,costs of administration, engineering. ment of
;+�. . � TIiE SOUTH SIDE OF EAST'and inspection incurred by the Depart- Paui "3:�
'��
FOURTH STREET. ment of Pubhc Works due to this cations -
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OF THE CITY OF SAINT PAUL, 1977 551 � ,�� "
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undertaking, said costs are estimated z dated September 1, 1976, Section num- ��+� ;.
to be a cum of Si� Hundred Dollars�bered 1308.2 for each overhead pedes- �•x�� ^_;
($G00.00) £or each o��erhead pedestrian'.trian passage�cay noted above. For the .'�;oci„�,.,�"`,r,."�:
pa_sagew•ay noted above and shall be;purpose of this Ordinance, the afore- r` :�g',,M;.,";',�i=
accounted for under separate Depart-�said Section of said Specifications .p*�.�s��+*++Y'y
ment of Pubiic �4 oris Project Num-'shall be read as thoueh the word '-'+�`��`*�' -
. bers; permittee" was substituted for the ,,,; '� '
• , d. That said �ermittee shall furnish��'ord "contractor" �vherever same ap- -�� �
• the Departrnent of Public Works all Pears therein. Section 1305.2 of the De- '""'�+���
documents of record, for each over-�Aartment of Public Works, City of ±,�,y�.,``�,��,.
head pedestrian passageway, that are!Saint Paul "Standard Supplemental
S ecifications for High«a�� Construc- °"�� � �''
. , a part of each contract or incidental! p ;,._ �.�{,i
.- to �ts execution including, but not!tion" dated September 1, 1976 is here- ,�::
limited to, addendum;, award of con-!by incorporated herein by reference ,_. �,��_'
tracts, contract amount, "as bu_lt"I as fully and as completely as if set -�r -�,�
, , plans, tracings and tracings of shop�forth herein verbatim. �` ,�''-
plans; h. That said permittee and/or its • �����. �.
. ,, e. That said permittee shall construct,successors in interest, shall among a,, �����,�,:.
_ _ each o�erhead pedestrian passageway i other t?�ings, at their own cost and � ,,�„�r;� �
to :he satisfaction of the Director of expense, make adequate and effective ��-,.ae�^�c--��;:
, � Public «'orks and in accordance with�provisions therefor and drain all mois- ",�,`�.t�,�
_ r appro�•ed plans and specifications of I ture, rain and sno�v which shall ac- .,. .
. the Housin and Redevelopment Au- cumulate thereon by pro er devices "�''�`
thority of gthe City of Saint Paul,I through each overhead P pedestrian ��`�� ��,
?�tinnesota. Copies of said plans and�passageu•ay noted above and in a man- _ + '�
� � , specifications for each overhead pedes-I ner so that the flo�czng and/or spilling �;��
� • trian passageway hereunder are to be I of same on any part of said sections :�, ��r�
r -- fi:ed with the De partmen t o f P u b lic o f s a i d p u b l i c s t r e e t s o r p r i c a t e p ro n- '`t �i'"
.x� . R'orks prior to bidding. Such con-�erty shall be prevented at all times. w� ���
struction shall be made m strict com- Said permittee and/or its successors � c ,�'�...
� - pliance with the American Association in interest'shall maintain and operate �>���=�z e:
.._ .. . of State Highway and Transportation I each overhead pedestrian passagecvay .,*.;_ ;,.�,
Officials (AASHTO) Specifications, as�at its sole cost and expense in a safe ��•H �^ - +.-��
e: amended, and the Uniform Building;condition for pedestrian travel, such r�,�r '
,� � Code and be authorized under a build-�maintenance to include, but shall not r;' •'�
� t� z� .r ing permit issued by the Department be limited to, glass, floor, metal trim, �*��" - - �;
�_i�-+ -.. of Community Services, Division of and hardware cleaning, polishing, and Y�;r�
•:f Housing and Building Code Enforce- replacement; roof maintenance; re- "f��,. F ��
.. b . ment; painting: light bulb replacement and ��
�`_ C. f. That said permittee and/or its suc- light fixture cleaning; and the supply .,#��,.�_
., .� cessors in interest shall fully indemni-I of heated and cooled air �vithin each �,t; � �*
fy, hold hamless, and defend the City j bridge to maintain temperature com- -�e?
of Saint Paui, its a�2nts, officers and�parable to that normally maintained ' � �_ �'`
�,�t« r, employees Erom any and all damages.i within heated and air-conditioned ren- ,,a�,_
:!���:� '" claims, losses, judgments, suits or ex- tal office spaces; a`� � �_
�•�. �' • penses and on account of a11 claims i. That said permittee and/or its . ,� �`:
j �•�=' +�•�� of �vhatever nature for injury to per- successors in interest shall,at all times, _�-� � ,
^�� ��� '�^� son(s) and/or property arising out of construct and maintain all of the sup- ?�
j%'��,�•_�� or connected with the construction,�ports of each overhead pedestrian
-- ' `�� -�'= erection, maintenance, operation and/' passageway noted above entirely with- ' ±
c,f ti,�r.c or removal of each overhead pedestrian in the lines of the subject private real �'`+
�-'� o} t�=��' passageway hereunder; and that sup- estate and entirely �vithout public a,� :�
plemental to all other obligations, on�street rights-of-way; � �ar, -
their part, jointly and/or severally,i j. That said permittee shall notify �,i.
hereunder, said permittee and/or its th� Traffic Bureau of the Department .1�:
b;u tt'ur::. successors in interest shall furnish and of Public Works if the construction or
maintain and pay all premiums and maintenance of the above overhead ".
�' n`'�'�•'�`�-` other expenses therefor, Casualty In- pedestrian passageways shall make �-
:c Fio�t:�T:w surance Covera e, with a dul licensed�necessar the closing of certain �
•:ty ��t .!ir g Y Y Public i �;
Casualty Insurance Company to the�streets or any part thereof: all ex-
'u i°� t"`- extent of $500,000.00 for injury to any'penses incurred by the Traffic Bureau � '
�1cici Opn.,t_ I -;�:. �a.
person and/or persons in any single in furnishin� installing, or removing
�-�r�nn pa,- incident,and to the extent of$200,000.00 barricades, signs, and other control de- '"
pfar.s ;n�e for damage to property in �ny single vices shall be paid by the permittee; '
r�r Ucp:.rt- accident, indemnifying the City of k. That said permittee and/or its �'
-it the s�•i�- Saint Paut against liability on account successors in interest shall not use any
:ici p��:'mi:- of all claims of third ,�
com,:ianrc persons for in- part of the above overhead pedestrian
jury to person(s) and/or property i passage�vays for advertisement or dis- ';, "
�` azising from or connected with the piay purposes,without the written con- !� "�i:.,,::'
!or i!s sur- construction, erection, maintenance,I sent of the City of Saint Paul and the ~, ;-
cs o���n cos: operation and/or removal of said struc-,application thereto of any advertising ..�::
::n:c• «':t1: tures hereunder, at all times, and to�material or display shall be deemed `�'
:he Citc o� furnish competent evidence of said!prohibited by this Ordinance; :
e S:ate o. coverage, from time to time, to the� 1. That said permittee and/or its �
-'' P,:�����' Director of Finance and A4anagemeat'successors in interest shall, at all per s
cuns::uct Services of the City of Saint Paul; I tinent times, in the construction,main- 'r'` ;'�
? o�•erhe:ut g, That said permittee shall not pro-,tenance, and operation of each oc•er- k .��y - '
::n'Se•': ceed with the applicable construction I head pedestrian passageway hereunder, ` n� �
��1 P�3' �r��' unless and until said permittee shall:;provide respectively a minimum verti- '�`��r�`'
tu, �:di- have fully complied �vith the pro�i-i cal clearance of at least 17� 3" on the �:�, ''` "'�'t
sions regarding insurance and m-!bridges across Cedar Street and acrass �;, ' ��-
' P�5' t''•�' demnification contained in the Depart-,East Fourth Street and at least 17' 4" �� �.
^�E•'In�. ment of Public ��orks, City of Sa�nt I on the bridges across East Seventh "'�*T --
� v�P="•- Paul "Standard Supplemental Specifi-i Place and across Robert Street bet�reen ,,,. �
ic to th:- cations for High�vay Construction,°�and throughout the course of the bot- ,,�'�'��'R'�'�
��+c�a=.
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'.;:;• ': 552 PROCEEDINGS OF THE COUNCIL
'.� adopted Resolu:'
tom of said structures and the surface of the City of Saint Paul as obligee, preliminaz'Y ��=�
of said sections of public streets: ex-�conditioned upon the permittee's suc- of revenue bor.�:::
cept as may be altered by the City's�cessors in interest complying with the pal amount of -
future street work; terms and conditions of this Ordinance to�ance the ec
'- m. That said permittee expressly and also conditioned that, in the event mixing and pe�•
:a. agrees to comply with Chapter 216 of the permittee's successors in interest at their aspha::
�� the Saint Paul Legislatice Code, as fail to maintain or repair said over- Storage comp:e-'
amended, pertaining to street obstruc- head pedestrian passage�vay to a rea- in Red Rock I:'- _
tions; sonable standard of safety, or fail to 2, Laws of ::
�' ' n. That said permittee and/or its remove said overhead p°destnan pas- Zgq,provides Yr.
„ successors in interest shall complete sageway upon order by the Council, bonds authorizc:
the construction and erection of each the City of Saint Paul may undertake ty of the C_t>' :
overhead pedestrian passageway by the maintenance, repair, or removal y55ued only ��=
not later than one (i) year after com- thereof and may recover its reason- City Cour.ci: o:
mencement of construction. Said com- able cost incurred thereby from said by resolution n
mencement shall be evidenced by surety, which Surety Bond shall re- with law:
'' Public Works' receipt of a written main in full force and effect as long g, The Port e;-:
qt " notification thereof, and shall be dated as said overhead pedestrian passage- Saint Paul, ha� '
therein, as further provided for un- way or any pazt thereo4 remains in Council gi�;e •�
der Pazagraph (o) below; that portion of public right-of-way as suant to said ::
o. That said permittee shall notify shown on plans to be Sled with the ance of said _
the Bridge Engineer of the Depart- Department of Public Works. The ppy� Authorit��
ment of Public Works before and Suretq Bond shall be in form as shall paul, subject '•
when construction has been completed be approved by the City Attorney, ann details of said
- to ailow for a final inspection of each shall have such surety as shall be thority of the '
overhead pedestrian passageway here- approved by the Director of Finance 4, It ls esi�.
under; and Management Services; rincipai ar.ic�
That each overhead pedestrian t.That said permittee and/or its suc- approximatei�-
passageway hereunder shail be re- cessors in interest shall subndt pro- interest cost
�. moved by and at the sole cost and ex- posed plans and specifications to the �11 not elce
pense of said permittee and/or its Department of Public Works 2or re- be it
successors in interest whenever the view and approval of any intended gesolved, B'
Council of the City of Safnt Paul shall structural repairs or major mainte- �ty of gamt.:
by Resolution determine such removal nance work on each bridge before �th La«s oL
necessary in the public interest and any such work is carried out. Upon y34, the Crt� �
accordingly order the removal of said completion of such structural repairs ta {�ye lssuan�
structure from said location; appraved by the Department of Public nue bonds fe:
q. That said permittee shall, within Works, permanent reproducible trao-• in the aforesr.
the period of 10 days after the publi- ings shall be furnished the Department lution No. 1?-
�� cation of this Ordinance, file with the showing the work done and marked amount of ar
City Clerk its written acceptance of with any "as buiit" changes, as R'ell a net intere�s-
this Ordinance and agreement to be as reproducible shop drawing tracings $%Q �e eKac�
bound by all the provisions, terms and of the same; ing, but not .
conditions thereof without limitation u. That said permittee shall submit
which written instrument of accept- the necessaz'y insurance documents to connt,treder�
ance and ae eement shall be in the the Office Engineer of the Department
form approved by the City Attorney: of Public Works for each orerhead determ n d�
r. That upon the execution of an pedestrian passageway hereunder. The ursuant to �
Agreement by and between the City Office Engineer in turn shall submit P
of Saint Paul, the Housing and Re- said documents to the City Attorney of herebyuauth�
' development Authority of the City of the City of Saint Paul for review and.
Saint Paul,Minnesota,and the applica- if said insurance is sufPicient, said additional b��
ble building/property owners respect- documents shall be appropriately filed by the Portt.
ing the aforesaid pedestrian passage- with the Director cf Finance and Man-
ways noted above, the permittee being agement Services of the City of Saint • the aforesai�'
the Housing and Redevelopment Au- Paui. Adooted b:
thority of the City of Saint Paul. SECTION 3 ]977•
Minnesota, shall be relieved of any That this Ordinance shall take effect .�PPro�'ed
further obligation under the terms of and be in force thirty (30) days from ��`
this Ordinaace, and the successors in and after its passage, approval and --
interest of the permittee, i.e. the ap- ublication.
plicable building/property owners re- P Council Fil�
. specting the aforesaid overhead pedes- Adopted by the Council November 3, Butler— .
trian passageways as noted above shall 1577 Whereas.,
be responsible for paying the insur- Sa:'
ance premiums for the overhead Yeas Levin�ciRoedlButles��vester. Cotunc I tha�
' pedestrian passageway(s) connecting Aunt, its bud€et
their buildings and also for providing Tedesco-7. operations -
the maintenance and operation same; NaYs--0. to the Pr�♦
s. That upon the Housing and Re- ppproved November 4, 1977. Minr.e�ota•
development Authority's conveyance et for ind:
of its obligations under the terms of GEORGE LATIMER amount ��
y this Ordinance to the above successors Mayor Whereas.
in interest, said permittee's successors (November 12, 1977) filed �cith
1n interest shall furnish and deliver of the re=
unto the City of Saint Paul a SuretY Authorit��
Bond in the amount of Fifty Thou- RESOLUTIONS law the C-
sand Doilars ($50,000.00) for each com- �e bene'
. pleted overhead pedestrian passa�e- - industna-
way (bridge) hereunder, made and Authorit.�
executed by said permittee's successors Council File No. 270043–BY Rosalie L. there be
in interest as Principal, and a Corpo- Butler— legall�• �-
rate Surety Company duly authorized Whereas, gufficien:
to transact business in the State of 1. On October 18. 197�. the Port Au- 12�7��:
..`.
� Minnesota as Surety, to and in favor thority of the City of Saint Paul $
.�. �
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� MINNESOTA ::::: , �
--- . j MUTUAL L I FE I �::::.i � ATHLET I C CL.U:
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- BU I LD I N G ��: ����' ����� _
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- --�- ,. +�—�°�"�----- �I� DEGREE �
��� OF HOPJOR �
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'r , PAUL RAD I SSON HOTEL' - '�-�-�-�4=�+G---�-� �
- I
�•— - - I � EXHIBIT "B"
i .,—.-,— — —
�.. �j - � I . r'' I •
�,,. ; ;,:,�i; , Skyway Level
- � ' ...... :easement
_ �
- � � -" ; ;;;��bridge
,-
: � ,r, � ,r--� � --- directional sign
�
;
GRANT OF EASEMENT
WHEREAS, MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota
( insurance company, hereinafter called "Grantor" , is the fee owner 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, and Degree of Honor Protective Association , to grant to the
City of Saint Paul a public easement for a second floor level pedes-
trian way, also described as the Skyway Bridge and Pedestrian Concourse
System, through Grantor's Property.
NOW THEREFORE, in pursuance of that Agreement, and in considera-
tion of the sum of ONE DOLLAR ($1. 00) and other valuable consideration,
the receipt and sufficiency whereof is hereby acknowledged, Grantor,
for itself, its successors and assigns , does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for
the Skyway Bridge and Pedestrian Concourse System for the use and benefit
of the public as a public way and for public pedestrian ingress, egress
and transit in, through and over the Property and the structures there-
on, described as follows :
Call of which above described areas shall be collectively referred to
as the "easement area" .
The easement area is expressly herein made subject to such reason-
able police measures regarding open hours and closing any part or all
of the easement within, on or over Grantor's Property during non-
business hours, and regarding public conduct within the System, as the
City of Saint Paul may, by ordinance, from time to time determine.
The public's right herein to ingress and egress and pedestrian
transit in and through the easement granted to 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 police 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 ingress and
egress and pedestrian transit in the City' s easement.
�.
EXHIBIT C
2.
The Grant of Easement herein shall be subject to the right of
the Grantor to change the location of the easement conditioned upon
� the grant of a new easement which shall permit the continuity of the
System, and, on the further condition that the new easement area shall
be installed at the sole cost and expense of the Grantor, and, on the
further condition that no change in the easement location shall be made
without the approval of the Housing and Redevelopment Authority of the
City of Saint Paul, Minnesota and the City of Saint Paul, such approval
not 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 the Grantor.
Notwithstanding anything to the contrary herein, the easement
granted herein shall be limited to the life of the improvements consti-
tuting the System and shall terminate upon the happening of either of `
the following events: �
A. In the event the easement granted herein is
vacated, abandoned or discontinued in the
manner required by law.
B. In the event the building (s) in, upon or over which
the easement 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 substi-
tute easement of substantially equal convenience,
' area and general configuration shall be given. In
the event the easement or any portion thereof is
relocated, vacated or terminated under the provisions
hereof, City shall furnish a release of such easement
or portion thereof, to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby
agree that for and during the life of said easement, Grantor, or its
designee under separate agreement shall be responsible for and/or
provide for the cost of all repairs, improvements and replacements of
the public way or Skyway Bridge and Pedestrian Concourse System as it
passes through its building or on or over its land as described herein,
it being understood that the aforesaid covenant shall run with the land.
Grantor reserves unto itself the unconditional right and privilege
of selling, conveying and transferring the Property described above to
any corporation, corporations , trust, trusts , individual, partnerships ,
or other form of venture. In the event of transfer of property owner's
interest in the Property, the Grantor (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
Grantor (seller) contained aforesaid Agreement thereafter to be per-
formed; provided that Grantor's successor fully and without limitation
� assumes in writing all duties, responsibilities and covenants of the
Grantor hereunder.
. 3. s, �� ��;,� /
r.i�l �'�'�
TO HAVE AND TO HOLD said easement for a public way or Skyway
Bridge and Pedestrian Concourse System, together with all rights of
� ingress and egress appertaining thereto until the System is vacated
or abandoned in the manner require d by law, or terminated in accordance
herewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal
this day of , 19
S E A L MINNESOTA MUTUAL LIFE INSURANCE COMPANY
By
I s
By
' Its
STATE OF MIIIIVESOTA )
) SS.
COUNTY OF RAMSEY )
On this day of , 19 , before me, a
� Notary Public wi�tFin and for sai County, appeare
and , to me personally known, w o, eing eacn
by me uly sworn, did say that they are respectively the
and of MINNESOTA MUTUAL
L�E IN�U CE COMPANY, a Minnesota insurance company, that said
instrument was signed and sealed by authority of its Board of Directors ,
and said and
acknowledge sai instrument was the ree act an ee o sai company.
THIS INSTRUMENT WAS DRAFTED BY:
i
�
�\ ..
::�.
4. INSURANCE
.. . - . _ . _ . : � �
The contractor shall furnish proof of insuraace 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 iajury to or death of one, or more than oae, persoa, because of ` "
accidents which may occur or re�ult from operatioas under the contract. The :
contractor shall paq any judgment against the City resulting from any such
suit. The City shall have the right at its option to participate ia aay suc:h�
litigatioa without relieviag the contractor of anp of its obligations. The
contractor �shall e$rry the following insurance naming the Cfty as a co-insured
._thereon: � . --. . �
��-_- A. Coatractor's PubZic Liability Insurance with limits of $500,000/$500,000
=:� -- naming and protectiag the contractor, all subcontractors, against claims
for injury to or death of oae or more persons as s zesult of accidents
' which may occnr at the site from operation under the contract. -
' B. Propertq Damage �Insurance with limits of $150,000/$300,000.
,
C. Worl�ea's Compeasation Insurance in compliance with the Laws of the
State of Minnesota. . �
� Automobile Insurance, including owaed, hired and aonowned vehicle
D.
coverage limits cf $100,000/$300,000 bodily injurq and $50,000 per
� _ • occurrence property damage. �.
� . '
'� .
EXHIBIT C-1
, �
� 4 ' °�. .
_ `,r�"����!�
._�:� ; .
�
�. , . . . . . ._ .. . .
6 1 NSl1RANCE .
Nbdify Section •4 of the Gensral Conditio�s, as follows: , " .
. . .
�a. Insert'.tha� fol.lowing after City:� . _ : , . . ; �- : : - . . � . .
"and Hammel , Green and Abrahamson, 1�c." . .. �- . . - -. .
b. Paragraph 8: Property Oamage Insurance. t�lete thi�s portion of the � - ���' '�-
paragraph tn its entirety and insert the fol iowtng in its piace: , "Property _ " _:
Damage lnsurance tn fhe .anount of not less fihan 5500,000 for ati damages to or r
destruction of property in any one accident, and subJect to that Iimtt per -�-
„ _acci dent; further sub�eet to a tofia l of not less than E t ,000,Q00 for a! 1 : � � ' _ - :
==�� �_ damages to or destruction of property during the pollcy pe�lod. ' _� �
c. Paragraph C:, � '. . � � : . . . : .
. - .. . -
The Bu i I der's Ri sk 1 nsur-ance sha i I be for the benef 1 t. ot the Contractor,"_;:::::��r:.;�.
' the City of St. Pau1, the i�iA and the abutting property owners as fiheir interests':;`�`
may appear in the value of the cost of the work under this contract, and each shall._�= �
' be speclflcaltji named in the policy cr poticies as an tnsured; or afi the Co�troctorts�
option, a 8lanket�Owner�s Protecttve Policy covering ail Owners �includifig adjacenfi
buildtng owners) may be provided in lieu of #he above Builder�s Rlsk Insurance and the
Ci�y of St. .Paul Uniform Certificate of Insurance. ' � � �"
. � - . . ' . .
d. Add the fotiowing�after parag�aph D: , � . .
. E. The Contractor shall aiso cause to have executed the CTty of Saint Pau( _
"U�iform Endorsement" required by the Saint Paul Legisfative Code, as amended.
' � 7fils fonri can be obtained at the service desk on the 6th Floor of the City Hali '
• ,Annex. • . � . -
- - ' � .
, ..:
�
EXHIBIT C-2
,.�� . � � �.�"? b5�
� . . . , .
STA7� OF -MI NNFSOTA ) '
�„� Coun.ty o� Rn,na ey ) �a. .
� - CTTY OF SAINT PA(!L I ,
'�
� . . . . .: . . _ Albert B..O�son. . . . . .. . . . . .. . . . . CLtt� C�G�t
� T, , . • • •-
� v� �he Ci.,#1� o� ScurLt Pa�, l�.t►l►ie.bo�n, do he�eby ce���y �ha-t
I have compa�ced �he a�.tnched copy o� Counai-L F.i.e.e No???o56 _ ,
a� adop�ed 6y �he Gi.ty Counc,i.0 _. . _June 25: . . .. . . . . . . . . . l 981. .
June 29; . �981
and app�coved 6y �he J�ta�on . . . . . . . . .. .. .. . . . . .. .. .. .. .. •
. w.i.th �he o�c.i.g.i.,ia.e �he�ceo� on �.i.,ee •i-n my o��.i.ce.
� • ' •. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ,
ac, • � . :. . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ,
. . .
.. .
� . . . . . . . . . . .. . . . . . . .. .... . . . . . . . . . . . . . .. . . . . . _ . . . . . . . . . . . . . ,
� - - _
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
o '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . _ _ . . .
ae . �
� . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . _ . . . . . . . . . .. . . . . . . .
.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • -
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
• I �c�c,the�i ce�t.i.�y #ha,t a cud copy .�.a Q #�cue and cn�vr.ec.t coX
os acu.d on.i.g.inn.0 and #he who.ee �#heheo�. .
. , , .
,,' . ,:- ,;, ` wITN�SS my hnnd and #he ae� o� �he Ci.ty o� Scun,t Fa.u,C.,
,<,_... -
� �'� I.�<..nn. #lu:a . � 29th _ . . day o� . . . . June: . . . . . . . . .. . .A.D. I 9 8i_ _ .
,
`;��:` .� . .,1:1" .
. ' � -'������-�. �.����
. . . . . . . . . . . . . .�-���: � ��_ . . . _ . _ _ .
:; .
,�,.
f946 $ U0.00 -- A
� .
Wh�ITE • CITV CLERK
�!hK ��`NANCE �F"�,ww (1
CAriARY - ')EF'AR7MENT (� � 'I`� ����� ��', I � 'r I,A tT L COUflCIl � �� , ��y
BLVE .� MAVOR V
Cit`y �1ttl�y;�PBB ' , � � File NU _
Counc ,� eso uti
Presented By �
Referred To Committee: Date
Out of Committee By Date
�
c�
� 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 22, 1980,
!'d between the Housing and Redevelopment Authority of the City of
Saint Paul, Minnesota; the City of Saint Paul; Minnesota Mutual
Life Insurance Company; and the Degree of Honor Protective
Association, attached hereto, which Agreement contains covenants
and obligations touching and concerning the following described
property in the City of Saint Paul:
Lots 1 and 4, Block 23, City of Saint Paul
(St. Paul Proper) ;
and
Lots 14 , 15 and 16, Block 20, 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.
COUNCILMEN
Yeas Nays Requestgd by Department of:
Hunt
Levine � In Favor '
Maddox
McMahon d
sr,o,,,,eite� _ Against BY
���
wilson
JUN 2 5 l981 Form Ap oved by C�t At ney
Adopted by C ouncil: Date ' ,
CertiEit�d 'as�ed by Coun il Se tar BY • ��� �
� �� �,
B� -� -
App � bti �1avor: Dat �U 2 9 1981 - A P ved by Mayor Eor Sub �s n to�uncil
$ti B
�
, � MML/Degree
,
� A G R E E M E N T �����'
� THIS AGREEMENT made and entered into this 22nd day of
�
� January , 19�_, by and between the HOUSING AND
'� REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a
� Minnesota public body corporate and politic, hereinafter referred '
to as the "HRA" , the CITY OF SAINT PAUL, a municipal corporation,
hereinafter referred to as the "City" , MINNESOTA MUTUAL LIFE
INSURANCE COMPANY, a Minnesota insurance company, hereinafter
referred to as "MML" , and DEGREE OF HONOR PRaTECTIVE ASSOCIATION,
a Minnesota fraternal benefit association, hereinafter referred
to as "Degree" .
WITNESSETH: z
WHEREAS, the City and the HRA, through the Downtown Urban
� .
Renewal Project, Minn. R-20, undertook to develop a pedestrian
skyway system within the Downtown Central Business District,
hereinafter "the System" ; and
WHEREAS, the �ity, pursuant to Chapter 764 , Laws of Minnesota
1973, is authorized to operate the System; and
WHEREAS, an extension of the System with a skyway bridge
over Fourth Street between Cedar and Wabasha Streets from the
MML Building to the Degree Building has been approved as part
of the Community Development Revenue Sharing Year III Block Grant
Program; and
WHEREAS, the extension of the System including a skyway
bridge over East Fourth Street necessitates the flow of pedestrian
� traffic through certain portions of the MML Building and the
' Degree Building; and
� 3
, ' 2. ��� � `� J.5 �
� WHEREAS, all parties hereto are desirous of the construction of
�
� the skyway bridge over Fourth Street; and
-- WHEREAS, substantial public monies will be expended for the
�
� design and construction of the skyway bridge over Fourth Street; and
WHEREAS, a benefit will inure to the respective building owners
by virtue of being linked to the System; and
WHEREAS, the City, by Ordinance No. 16362, Council File No.
269927, granted the HRA permission to construct and operate a skyway
bridge across East Fourth Street between Cedar and Wabasha Streets,
which Ordinance is attached hereto as Exhibit A, and its terms and
conditions are hereby fully incorporated herein by reference.
NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO
AS FOLLOWS:
�
� BRIDGE CONSTRUCTION
1. That this Agreement is subject to all the terms and conditions
of the aforesaid Ordinance No. 16362 as adopted by the Council of the
City of Saint Paul, the terms of which are incorporated herein by
reference. All parties hereto other than City and HRA are considered
to be permittee's successors under the terms of said Ordinance.
2. The HRA agrees to design, construct and pay for a skyway bridge
connecting the 1�IML Building and Degree Building in accordance with
HRA and City approved plans and specifications for the skyway bridge
and pedestrian concourse herein prepared for HRA by Hammel, Green and
Abrahamson, dated October 12 , 1979, also known as Bid No. A8398-S ,
and reviewed by MML and Degree. Said skyway bridge shall include
support structures and related mechanical/electrical facilities
'� located on the skyway bridge for heating, ventilating, air condition-
ing, lighting and roof drainage to be tied into the respective systems
. �
. ' 3.
� ' � .
' n �
� of the abutting buildings , glass and aluminum doors at each end of
�
�� the skyway bridge, finishing at skyway bridge ends , and insulated glass
�
� to the extent glass is ued to enclose said skyway bridge. The skyway
bridge mechanical system shall be tied into the mechanical system
within MML, and the electrical system to that of Degree. The skyway
bridge roof drainage system shall be tied into the interior drainage
system of MML. HRA will accomplish and pay for any mechanical system
and electrical system installations and connections which are shown
in the approved plans and specifications to be part of the HRA con-
struction contract.
CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES
3. HRA will construct the pedestrian concourse extending through
the Degree Building which connects the skyway bridge over the Degree
�
Building auditorium with the skyway bridge over Fourth Street and
� payment therefor shall be in accordance with the skyway bridge and
concourse agreement executed by and among Degree, St. Paul Joint Venture,
HRA, City and Catherine Rosen.
4. HRA will construct the pedestrian concourse extending through
the MML Building which connects the skyway bridge over Fourth Street
to Degree with the skyway bridge over Cedar Street to the Athletic Club,
and HRA will pay for all system elements as noted in the approved plans
with the exception that MML will pay one-half the cost of new partition
walls and the full cost of the finish (paint, wall covering, etc. ) on
that partition wall surface facing its private areas.
5. All costs for MML Building alteration or decorating in private
areas or outside the pedestrian concourse area except as oth�rwise
provided for herein, shall be borne by MML.
� 6. The parties agree that in the construction, maintenance, repair
and operation of the System, they shall be bound by all City codes and
/
' �j
• n � , 4.
, � , •
�' ordinances governing or relating to the System, insofar as applicable.
�
�
C� HRA warrants that the design and construction of the skyway bridge and
pedestrian concourse shall be in accordance with all applicable
ordinances and state and local codes, and/or shall be approved as
constructed according to such ordinances and codes.
7. HRA will include a provision in its contract for the construc-
tion of the skyway bridge whereby the contractor consents to the
assignment of warranties to the owners of the buildings abutting the
bridges, and HRA shall assign such warranties to them upon final
completion, without relinquishing its own rights under such warranties,
and, if necessary, HRA will cooperate and assist in any prosecution of
lawful and proper claims such owners may later assert against the
contractor (s) and/or architects or others arising from faulty design
or construction of the �kyway bridge.
� EASEMENTS
8. Upon completion of construction and furnishing to the building
owners an architect's certificate certifying completion in
accordance with the plans and specifications, MML shall grant to the
City without further consideration, a permanent public easement for the
System through its building in accordance with the aforesaid plans and
the attached Exhibit B, the detail description of which will be determined
at HRA expense by a registered land surveyor after construction. Said
easement shall be granted precisely in the form attached hereto as
Exhibit C, and shall grant to the public the right of use of said
pedestrian concourse and skyway bridge for purposes of ingress, egress
and pedestrian transit, except for such reasonable police measures
regarding open hours and closing any part of the concourse within the
�
parties ' buildings as the City may, by ordinance, from time to time
. �
. � 5.
a � determine, or regarding such public conduct within the skyway system
�
\ � as may be prohi.bited by skyway ordinance, as amended. The pedestrian
� concourse 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 St. Paul Joint Venture, as owner of
the Radisson St. Paul Hotel, for designated hours betweens the hours
of 7:00 a.m. Sundays to 1:30 a.m. Mondays, ori tw� weeks prior"written notice
by St. Paul Joint Venture to City, Degree and MML. MML is
obligated only to keep the easement area itself accessible to the public
during such hours.
9. That said easement to be granted by MML through the MML
Building as shown on Exhibit B shall commence at the easterly property
line of MML where the skyway bridge from the Athletic Club penetrates
the MML property and im�nediately extend southerly along and within the
�
� easterly wall of the MML Building to its southeast corner, thence
westerly, then southerly to the southerly property line of MML where
penetrated for the skyway bridge across Fourth Street to the Degree
Building, and that said concourse easement shall continuously be at
least 12 feet in width, except at enlarged areas for nodes or where
the structural design of the building is such that a width of 12 feet
is impossible. It is understood that the easement area represented on
Exhibit B shall, upon completion, extend from the existing floor to the
existing ceiling.
10. That all rights respecting such easements across the Degree
property are provided for in the aforesaid skyway and concourse agree-
ment by and among Degree, Venture, City, HRA and Catherine Rosen.
11. MML agrees that the pedestrian concourse shall be designated
as a public pedestrian easement and all ordinances of the City applic-
� able to the System shall govern.
. �
5a.
C � 12. The grant of easement herein shall be subject to the right
�
� of the grantor, its successors and assigns, to change the location
� of the easement area (s) conditioned upon the grant of a new easement
^
�
� whicn shall permit the continuity of the System, and, on the further
condition that the new easement area(s) shall be installed at the sole
cost and expense of the grantor, and, on the further condition that
r
�
�
. �
�. ' 6.
�
� no change in the easement location shall be made without the approval
�
� � of the HRA and the City, which approval shall not be unreasonably
�
withheld, and, on the further condition that said new easement area(s)
shall be surveyed and described by a registered land surveyor at the
grantor' s expense.
13. Notwithstanding anything to the contrary herein, the ease-
ment to be granted herein by MMT, shall be limited to the lite 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 is vacated
abandoned or discontinued in the manner
required by law.
B. In the event the building(s) in, upon or over which
the easement area is loca ted shall be substantially
destroyed or demolished and such building(s) shall
not be re�aired 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 sub-
stitute 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.
14 . The HRA and the 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 on or through the respective buildings or properties but not
to the skyway bridge itself, except insofar as property owners, as a
result of condemnation, incur expense as a result of property owners '
demolition of said skyway bridge.
� 15. 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
. �
. �� 7.
c� . . •
a said� skyway bridges 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.
OPERATION AND MAIiJTENANCE
16. That MML and Degree shall maintain and operate the electrical ,
heating, ventilating, air conditioning and drainage facilities in and
serving the skyway bridge at their sole cost and expense, and shall
keep and maintain the skyway bridge in repair and shall keep it
reasonably clean and free of litter and debris.
17. MML and Degree agree to provide the necessary repairs and
maintenance of the skyway bridge and its integral parts at their sole
expense without cost to City or HRA. Such maintenance shall include,
but not be limited to, glass, floor, hardware and metal trim cleaning,
� polishing, repair and replacement, roof maintenance, repainting, light
bulb replacement and light fixture cleaning. The HRA and City shall be
furnished with plans and specifications for all additions or alterations,
or major repairs and replacements to the skyway bridge and pedestrian ooncourse,
which plans and specifications shall be subject to their reasonable and timely
approval before oo�m�noem�nt of the werk oont�lated therein. Fai.lure to approv�e or
disapprove su�ch plans and specifications in whole or in part within 14 days of
receipt of same shall be deeired approval thereof.
18. MML and Degree shall enter or have contemporaneously herewith
entered into a separate written agreement for sharing the maintenance,
operation and repair oosts for said skyway bridge, its integral parts and equipment.
19. MML hereby agrees to provide all repairs and maintenance so
as to maintain the pedestrian concourse and adjacent access areas , at
� a rnasonable starLdard of safety and cleanliness, and to provide operating oosts for
the ped�estrian cxncourse through the DM�, pr�perty.
. ID
� ' 8
,. . _ • '
� �
` �
� 20. If MML and Degree fail to adequately maintain, repair, and
�
� operate the said skyway bridge, its integral parts and related equip-
ment, or if MML fails to adequately maintain, repair and operate
the pedestrian concourse to a reasonable standard of safety
within 30 days after receipt of written demand thereof by the City,
the City may undertake the necessary maintenance, repair and operating
tasks required, and the costs incurred by City for said maintenance,
repair and operation shall be assessed to and shall be forthwith
paid by the defaulting partie (ies) or its (their) sureti,es; and c�emand therefor
shall first be made in accordance with the maintenance agreement
executed by and between the parties, as amended from time to time;
provided, however, that the City retains the right to assess such costs
against the party(ies) as a local improvement in the manner provided
by law.
�
` SURETY BONDS AND INSURANCE
21. MML and Degree
shall together furnish and maintain a surety bond in the
amount of $50, 000. 00 for the skyway bridge, to and in favor of the
City of Saint Paul, as obligee, conditioned that said building owners,
their respective successors in interest and assigns shall comply with
the terms and conditions of the Ordinance and shall forever indemnify
and hold the City harmless in accordance with said Ordinance against
all expense and liability on account of all costs, claims, "suits and
judgments arising out of or connected with the removal, maintenance,
operation and/or repair of the skyway bridge, its integral parts and
related equipment and the adjacent access areas associated with each
of their respective buildings and, further conditioned upon
` the building owners, their respective successors in interest and
. � �
. � 9.
assigns, complying: with all terms and conditions expressed and con-
tained in this Agreement, as to removal, operation, repairs and
� maintenance, which surety bond shall be in such form as shall be
� reasonably approved by the Director of Finance and Management Services
a for the City. The HRA shall also procure from the general contractor,
�
-� documentation evidencing that the general contractor is maintaining,
� thro ughoutcthe entire period of construction and erection of the sky-
way bridge, such insurance as is set forth in the plans and specifi-
cations described in paragraph l. herein, naming the abutting property
owners to the skyway bridge as additional insureds as required by said
plans and specifications, specifically Section 4 of the Ge�eral Canditions
and Section 6 of the Special Conditions thereof, a�pies of which are attached heretA
as Exhibits C-1 and C-2, respectively.
22. Insurance required hereby for casualty and liability shall
€
be a maintenance cost to be assumed by NIl+�IL and Degree for the skyway
� bridge and shall be shared in accordance with the separate agreement
for the sharing of skyway bridge operation, maintenance and repair
costs that MML and Degree shall enter into as provided herein.
23. Insurance required hereby for casualty and liability for
the area designated as easement for the pedestrian concourse herein
on the M1�ZL property shall be a cost to be assumed by MML.
24. MML and Degree shall furnish and maintain public liability
and casualty insurance coverage for the skyway bridge, and MML shall
do so as to the concourse on its property, with a duly licensed insurance
company, where the City and HRA shall be designated as additianal insureds,
said insurance shall be in conformity with the requirements of para-
graph f. of the Ordinance, containing the following minimum coverages:
for personal injuries, including death, $500 ,000. 00 for each occurrence;
� for property damage to the extent of $200, 000.00 in any single accident,
which mininnun aamunts shall be subject to increase in increments of up t�o 50$ in any
five year period by official action of the aotmcil of the City of Saint Paul from
1 a-
n .
�a . io.
� � � �
`
�
� time to time in the event statutory munici�al liability limits are
� altered at any time after the da� hereof. T�e casualty insur-ance shall have an
all-ri.sk or physical loss �ovexage in the ane�t of the full replaaement cost of the
skyway bridge.
SKYWAY DIRECTIONAL SIGNS
25. The location of directional or other signs that may be
installed in the pedestrian concourse in the MML Building shall be
determined jointly by t11e HRA and MML. The initial cost of purchase
of all System signs shall be borne by the HRA. The costs of installa-
tion, operating, maintaining and repairing the signs shall be borne
either individually by the party on whose property the sign is located,
or as to signs located in the skyway bridge, jointly by those parties
to whose building the bYidge attaches. If the location of the ease-
r
� ment 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 property owner. If the sign moving requires a change in
the sign face, this shall be done at the property owner's expense and
consistent with the graphic design system established for skyway signs.
26. The skyway bridge and pedestrian concourse area which are
the subject of this Agreement shall not be operated for� the purpose of
advertising any product or business or for any other commercial
purpose, other than on store fronts, which store front signs shall not
project out from the wall surface; provided, however, nothing herein
contained shall prevent the installation and maintenance of the afore-
mentioned directional sign(s) identifying the building names.
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, grantees
. 13
' � . -
11.
� ' �
�` and assigns, and shall continue in force until such time as the
1
�
� � concourse system or that part referred t�o herein is vacated or abandoned in the
manner pern�itted by law, or terminated in accordance with this Agreement
or the Grant of Easement itself.
28. The property owners herein reserve unto themselves the
unconditional right and privilege of selling, conveying and transferring
their abutting and/or encumbered or involved real estate herein and
assigning and transferring this Agreement to any other corporation,
corporations, trust, trusts, individual, partnerships , or other form of
venture. In the event of transfer of property owner's interest in the
property, the owner (seller) may be freed and relieved, from and after
the date of such transfer, of all liability as respects the performance
of any covenants or obligations on the part of owner (seller) contained
in this Agreement 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.
INTERPRETATION
29 . In the event of any unresolvable, direct conflict which may
arise as between the terms of this Agreement and the Ordinance, the
Ordinance shall control, and as between this Agreement and the form of
Grant of Easement attached hereto as Exhibit C, " the form of Grant of
Easement shall control. The Agreement, however, may assign duties and
responsibilities in addition to those contained in the Ordinance as
long as not in mutually exclusive direct conflict with the terms of
the Ordinance. �
�
• ( �
� � . � ia.
. a
�
� Ii1 WITNESS L�THEREOF, the parties hereto have set their hands all
��
as of tne day and year first above written.
HOUSING AI�TD REDEVELOPMENT AUTHORITY
OF THE CITY OF SAINT PAUL, MINNESOTA
By
By
It
APPROVED AS TO FORM CITY OF SAIPdT PAUL
�
- � l • , B y
I May
i
BY
� Its Direc , Department o P anning
d Econ 'c Development
'r
� �
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B �1 ��z�,
Y �.
Its Direc�ar, Department of Finance
�'�'�' an a�e ent Services
d
Its ity C er c �
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a . � 13.
�. �
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� �,(�S'�MINNESOTA MUTUAL LIFE INSURANCE COMPANY
� �
By �
ALAM �"uTL9�K,SE�4l�CD`V10E FRESPk3�1' � � , � �� ' '; � ���'�' � '
� '• � � � ' � � � < < � ��
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', '. � ; ' MA�ill"S �,,�.t-�t E, A SISTANT SECR�T�,�,'r � ��
� , � s
� ' �� � '� � � DEGREE OF HONOR PROTECTIVE ASSOCIATION
By � ��
BY.��G�� .� ,/ �
STATE OF MINNESOTA )
) SS.
COUi1TY OF RANISEY )
On this � day o� ` - , 19 ��`� , before , a Notary
+� Publi� 'tnin a d for said � aunty,�/ �peared �i��,�.�f
` and --;�v
t' � , to me personally-���wn"�-w o, eac � y me _
being du y,, s orn, did sa . that ey are respectiv �� the �� .n.� ��
� " �,�` ;�_ and ��`��.�� ,������� of"'1�iINNESOTA MUTUAL�
LI �, IivS R�,1VCE COMPATIY, a T+I�nnesota insur e �omp n , that said instru-
ment wf �, sig ed b authority of i s Board . f � , and said
G (-Yl � and � �i�•� acknowledged said
a.nstrument was tne ree act and e o sai corporation.
1'�n.�2... '-LCdi�n-�
xa,�ana�a�►annut ���:�
a .;;;,�. SU2ANNE 0.HUS'TINGS ?`
STATE OF MINiQESOTA ) ag �:'s��`?" NOTARYPUBUC-MtMNESOTA �,
) S S. �t RAMSEY OOUtr'iY ;,
COU�VTY OF RAMSEY ) Q '`�-.'��My Cornn�slon Expkes W!t 17.t995 ;�
xarovdvmrsrr �+�x
On this Z./ day of , 19 $O, before me, a N tary .
Pul�lic wi�qn an�or sa' ounty peared e„ .
and � me personally known, w , eing e �Ti y�me
dul s or� did sa at they are respectively the /u.5 �
andy � ��-�' �of DEGREE OF HOiVOR PROTECTIVE AS�T ON, a
Minnesota fraterna benefit association, that said instrument was s�d
by authority ofA its ,Boar�d of Directors, and said C � '�
ana �.�.�sv�.e� /�. �.�;��facknowledged said instrumen w t e ree
f act and eed of sai�c association.
` M!N �
�.�� WAYNE P. DORDELL �
���1t �� NOTARY PUBUC•MINNESOTA
� �� � RAMSEY COUNTY
�A,�,,.,...% N�Y Commission Expires Feb.28, 1904
�s.. I T
' � 14.
STAlE OF MIiTiVESOTA )
� ) SS.
CUU:JTY OF 22AMSEY )
On this 9'�� day of , 19�, before me, a Notary
� Public within and for sai Count
, appeare
� and i
, to me personally nown, who, being each by
'� me duly sworn, did say that they are respectively the
�
and of the HOUSING AND REDEVELOPMENT AUTHORITY OF
THE CITY OF SAI T PAUL, MIiViVESOTA, a Minnesota public body corporate
and politic, that said instrument was signed by authority of its Board
of Commissioners, and said and
,.. � ac owledged that said instrument was the
free ac and deed of said corpor.ation.
�
` -
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��.�' K�NP•1ETN GAUTHI�M�
�;A;���F�'� R.
<i,;"�����'.' hOTARY P(}g��C-F,��,yESOTA
Y5 s'nsN�r:cr.�ra cou.yr
�y COfi�•Expires Mer,31 Yl gg5
VM�NWVVyyVVVW•
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STATE OF MINNESOTA )
) SS.
r COUNTY OF RAMSEY )
L �The foregoing instrument was acknowledged before me this �
^ day of r ,.yw, , , �. , 19� by GEORGE LATIMER, Mayor of the City of
a Saint Paul� a m�icipal corporation of the State of Minnesota, on
� behalf of said �"ity of Saint Paul.
�
� .� � -
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T`�'�"'� Xti�a'�lEi'H R A THI�M�
�::_,:;" ,
<,:;:..`,,:..
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STATE OF MINN�SOTA ) �.;.:,{,;-:* r,o7AFiY Pil�JLlC-D'lP�NESp7A
�`'�:' ��i.asrtirar,rer�c�,urerr
� .S.S . � Ivly Comm.Expires Mar.31, 1996
COUi�1TY OF RAMSEY ) �'���','vvwvwwwwv�,vvwvvw�',
The egoing instrument was acknowledged before me this ��
day of , 19 $`o by GARY E. STOUT, Director of the
Department of P1 ing and Economic Development for the City of Saint
Paul, a m nicipal corporation of the State of Minnesota, on behalf of
said C�� of Saint Paul. ,,
^^^nnnnnnnnMnn x
��'�., KENNETN R. GAUT!-iIER �
<�^-,�..
�''�a`��" R'OTARV Pilf3ilC-�71#i�c'SOT1 _
� ���`*� �
etitis�rtNC,ori eo�.;r:TY �
My Comm.£xpires tdar.31,"E 985
�WY`/V�1�rVYWYWWVWYYVWVVVYWVW r �
C STATE OF MIiQIJESOTA )
, SS.
COUc1TY OF RAMSEY )
The fo egoing instrument was acknowledged before me this �
day of � , 19�p, by BERldARD 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.
`G%���-�l�/"' � �..���.�-
y
V10lET E.LENT
STFiTE OF MIIINESOTA ) " �TARV PUE3lIC—MINNESOTA
) SS. RAMS£YCOUN7Y
COUi1iY OF RAMSEY ) ~��E�������� .
The oregoing instrument was acknowledged before me this ���
day of �, , 1�'t� , by ROSE MIX, City Clerk for the Ci-�ty-
of Sain aul, a unicipal corporation of the State of Minnesota, on
behalf f said ' y of Saint Paul.
� ,J�-. ��
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wrp�.r�'E^fdFM..?6Mq..�F6�Q.� , .. �..
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� `�.'r. „�' S50 PROCEEDINGS OF THE COUNCIL
�-r' � after its passage,approval and publica- �'The Council of the City of Saint Paut �nde�"''
;.. .:-�=.::., tion. Does Ordain: to be :
($600.G0�
��.N"" Adopted by the Council November 3,I passagev
1977. SECTION 1 account�.
� Yeas — Counciimen Butler, Hozza, That permission and authority here- ment e�
`c::�;'s'' `;�" Eiunt, Levine, Roedler, Sylvester, by are granted to the Housing and bers;
Tedesc�7. Redevelopment Authority of the Cit}• d. Ti.:
� of Saint Paul, Minnesota, a hiinnesota
Nays-0. the Dc�
<� corporation and/or its successor; in documc;:.
- � Approved November 4, 1977. interest to construct, maintain and op- head pc
"y ' erate the following overhead pedestrian
' - GEORGE LATIDIER passageways over the public streets tapltn �.
Mayor within the corporate limits of the City limiteci
(November 12, 1977) of Saint Paul; and tracts.
1) across East Seventh Place bet�ceen plans. ;-
the intersection therewith of�4in- plans;
nesota Street and Robert Street, e. Th�:.
Council File No. 269927—Ordinance No. said overhead pedestrian passage- each c�:
-'� 16362—By Ruby Hunt— way to be extended from the to the :
, exishng Bremer Building on the Pubiic t
_ AN ORDINANCE MAKING PROVI- south side of East Seventh Place approrc�
- SION THEREFOR AND GRANTING to Donaldson's on the norYh side the F�Io:
UNTO THE AOUSING AND REDE- of East Seventh Place, thoritc•
VEI.OP'KENT AUTHORITY OF TFiE 2) across Robert Street between the Minne=c�.
CITY OF SAINT PAiJL, MINNESOTA, intersection therewith of F,ast specificz;
A MINNESOTA CORPORATION, AND Seventh Piace and Eighth Street, trian p�
ITS SUCCESSORS OR ASSIGNS,PER- safd overhead pedestrian passage- filed «-i•
_ MISSION TO CONSTRUCT, MAIN- way to be estended from existing Works ;
. TAIN AND OPERATE THE FOLLOW- Donaidson's on the west side of structior.
_ ING OVERHEAD PEDESTRIAN PAS- Robert Street to the Metro Square pliance �.
SAGEWAYS OVER PUBI.IC STREETS Building on the east side of Rob- of State
WITffiN TEiE CORPORATF. LIMITS art Street. OfficiaL-
OF THE CITY OF SAINT PAUL; AND 3) across Cedar Street between the amende,�
1) ACROSS EAST SEVENTH PLACE intersection therewith of East Code ai:c
BETWEEN THE INTERSECTION Fourth Street and East Fifth �g pe:�;-
THERE�'VITE3 OF MINNESOTA Street, said overhead pedestrian of Coir.:
� . STREET AND ROBERT STREET, passageway to be extended Srom Housing
SAID OVERHEAD PEDESTRIAN the existing Ath!etic Club Build- ment;
,� PASSAGEWAY TO BE EXTEND- ing on the east side of Cedar f. Tha:
ED FROM THE EXISING BREM- Street to the Minnesota Mutual cessors i:
ER BUfILDING ON THE SOITTH Life Buiiding on the west side of fy, hold
SIDE OF EAST SEVEIVTH Cedaz Street. of Saint
PLACE TO DONALDSON'S dN 4) across East Fourth Street between emplorec.
- TFiE NORTH SIDE OF EAST the intersection therewith of Cedar claims, l�
'f� SEVENTH PLACE. Street and Wabasha Street, said penses s
�4" overhead pedestrian passageway
2) ACROSS ROBERT STREET BE- of whate
- TWEEN THE INTERSECTION to be extended from the existing son(s) a
THEREWITH OF EAST SEVENTH Minnesota Mutual Life Building or CO11I7�.
;t- PLACE AND EIGHTH STREET, an the north side of East Fourth erection.
� SAID OVERHEAD PEDESTRIAN Street to the De or remoc
gree,of Honor
PASSAGEWAY TO BE EXTEND- Building on the south side of East passage�.
ED FROM EXISTING DONALD- Fourth Street. plement�
SON'S ON THE WEST SIDE OF their p;�:
. AOBERT STREET TO THE SECTION 2 hereunde
METftO SQUARE BUII,DING ON successor
THE EAST SIDE OF ROBERT That the Director of Public tfiorks maintain
STP.EET. is hereby authorized to issue necessu�y other eh•
permits to said permittee, the Housing surance [
- 3) ACROSS CEDAR STREET BE- and Redevelopment Authority of the Casualt�•
TWEEN THE INTEASEGTION City of Saint Paul, Minnesota, for the e�ctent o:
THEREWITH OF EAST FOURTH construction, maintenance, and opera- person a
STREET AND EAST FIFTH tion of said overhead pedestrian pas- incident.
STREET, SAID OVERHEAD sageways according to the plans and for dam�
PEDESTRIAN PASSAGEWAY TO specifications approved by the Depart- accident.
BE EXTENDED FROM THE EX- ment of Public Works and at the sep- Saint Pai
ISTING ATHLETIC CLUB BUILD- arate cost and expense of said permit- of all ci.;
ING ON THE EAST SIDE OF tee, upon said permittee's compliance jury to
CEDAR STREET TO THE MIN- with the following conditions. arising f
NESOTA MUTUAL LIFE BUII,D- a. The said permittee and/or its suc- construct:
ING ON THE WEST SIDE OF cessors in interest shall,at its own cost operatio:,
`� • CEDAR STREET. and expense and in accordance with tures he:
1 4) ACROSS EAST FOURTH STREET all applicable ordinances of the City of furnish
BETWEEN THE INTERSECTION Saint Paul, statutes of the State of coverage,
:%. TAEREWITH OF CEDAR STREET Minnesota and regulations of public Director
AND WABASHA STREET, SAID authority having cognizance, construct. Services �
OVERHEAD PEDESTRIAN PAS- maintain, and operate said overhead g. That
�:5� ' SAGEWAY TO BE EXTENDED pedestrian passageway hereunder; ceed �vi:i
FROM THE EXISITING MINNE- b. That said permittee shall pay the � unless an
SOTA MUTUAL LIFE BUILDING costs for the publication of this ordr have fuL
•j:; ON THE NORTA SIDE OF EAST nance• sions re:
.,,,, FOURTH STREET TO THE DE- a That said permittee shall pay the demnific:
, GREE OF HONOR BUILDING ON,costs of administration, engineering. ment of
THE SOUTH SIDE OF EAST:�d inspection incurred by the Depart- Paul "3;:
:y._ FOURTH STREET. ment of Public Works due to this cations
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a/�.fr.�c'^risYa' ?- 3.u.cs aF.Q',� t � +'-� � ,^�.
'y."L� "-i+, �_. s ?.�>'t,y' .. ���*� .. �r.f� . F 4 �d`b �''k�`�" "..,��,� «o'..v4 �„'"'
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� OF THE CITY OF SAINT PAUL, 1977 551 ,�; ,r F�''
'� ..:�.�.,w r.,� -
D undertaking, said costs are estimated�dated September 1, 1976. Section num- �'� �;, �'"
io be a sum of Six Hundred Dollars�bered 1305.2 for each overhead pedes- ti�+�����*;:
($GC0.00) for each o��erhead pedestrian,trian passagew•ay noted above. For the .-,.�..,�.��_
i�a;,ageu�ay noted above and shall be,purpose of this Ordinance, the afore- �'1'��,;.._-
accounted for under separate Depart-i said Section of said SpeciHcations F�n-•�; .. �
ment of Public Worl:s Project Num- chall be read as though the word '`'� --
_ bers; permittee° was substituted for the ,�; ��`��,,;.
• d. That said �ermittee shall furnish I w'ord "contractor" wherever same ap- �- ;.
- . the Department of Public Works all'Pears therein. Section 1305.2 of the De- '"}`-
documents of record, for each over-,Paz'tment of Public Works, City of s� �`"7�
head pedestrian passageway, that are Saint Paul "Standard Supplemental =
. _ a part of each contract or incidentai,Specifications !or Highwa�* Construc- s�^s' �
.- io its esecution including, but not tion" dated September 1, I976 is here- �� � + �-
_ _ limited to. addendums, award of con-''�,by incorporated herein by reference -
traMs, contract amount, "as built"!as fully and as completely as if set �` � .
plans, tracings and tracings of shop'forth herein verbatim. �
plans; h. That said permittee and/or its • d�
. ,, e. That said permittee shall construct successors in interest, shall among ��,� #_,��;:
_. , . each overhead pedestrian passa�eway other things, at their own cost and �,_
to *.he satisfaction of the Director of;expense, make adequate and effective ,�
Pubiic �Vorks and in accordance with!provisions therefor and drain all mois- � � ���
_ ; , appro�•ed plans and specifications of I ture, rain and sno�v which shatl ac-
, � the Housing and Redevelopment Au-�cumulate thereon by proper devices
thority of the City of Saint Paul,�through each overhead pedestrian �� �
�iirnesota. Copies of said plans and�passageway noted above and in a man- F
,, � 4 • specifications for each overhead pedes- ner so that the flowing and/or spilling �sy,"�.� •-
ti Yrian passageway hereunder are to be y of same on any part of said sections �t�:c � -
_ .;,... fi:e3 �cith the Department of Public,of said public streets or private pron- -
���:.•.; ��'orks prior to bidding. Such con-I erty shall be prevented at all times. , ``
struction shall be made in strict com- Said permittee and/or its successors ��:����w. +„a
. pliance �vith the American Association in interest 'shall maintain and operate y��
� � �. of State Highway and Transportation each overhead pedestrian passageway
Officials (AASHTO) Specifications, as'at its sole cost and expense in a safe �`
r: amended, and the Uniform Building�condition for pedestrian travel, such
F Code and be authorized under a build-�maintenance to include, but shall not �i�, ,
c.,;t� F�r:- ing permit issued by the Department be limited to. glass, floor, metal trim, �;
� ��!�- ..... of Communitp Services, Division of and hardware cleaning, polishing, and .
.�:i Housing and Buiiding Code Eriforce- replacement; roof maintenance; re- ,',
..,t. 1 . ment; painting; llght bulb replacement and _
�.` C_ f. That said permittee and/or its suc- light fixture cleaning; and the supply ��:,,;�
:, ' cessors in interest shall fully indemni-I of heated and cooled air within each
fy, hold hamless, and defend the City j bridge to maintain temperature com- ,� ;
of Saint Paul, its agants, officers and parable to that normally maintained
�.:�.�'f%�' employees from any and all damages,I within heated and air-conditioned ren-
;!�c:i C:.,�.,.
claims, losses, judgments, suits or ex-'tal office spaces; � '
_•���•�. � penses and on account of all claims i. That said permittee and/or its .
�-»•�= L '� of �rhatever nature for injury to per- successors in interest shall.at all times, r;
�r F.: son(s) and/or property arising out of�construct and maintain all of the sup-
= j%�i ��� or connected with the construction,I ports of each overhead pedestrian j,,;-.
' `� • erection, maintenance, operation and/ passageway noted above entirely wrth-
oi !i i �'- or remoc�al of each overhead pedestrian I in the lines of the subject private real � ''? -
.coc t �. passageway hereunder; and that sup-,estate and entirely without public
plemental to all other obligations, oa j street rights-of-way: �
their part, jointly and/or severally,� j. That said permittee shall notify
hereimder, said permittee and/or its�th� Traffic Bureau of the Department ' "
successors in interest shall furnish and�of Public Works if the construction or °`
�'�+� ��'��^ maintain and pay all premiums and I maintenance of the above overhead �`u
� necc.,,:ir) other expenses therefor, Casualty In- pedestrian passageways shall make '�-='
::c 3fou.��n,; surance Coverage, with a duly licensed�necessary the closing of certain public
����� °f ��s� Casualty Insurance Company to the!streets or any part thereof; all ex-
�.A. Sor t.^.e� I . . -
��� o�c�:- extent of $500,000.00 for injury to any i penses incurred by the Traffic Bureau �
person and/or persons in any single in furnishing, installing, or removing A-
-;r:an pas- incident,and to the extent of$200,000.00 barricades, signs, and other control de- �
plans :r.ri for damage to property in �ny single vices shall be paid by the permittee;
..c Ucp:�rt- accident, indemnifying the City of� k. That said permittee and/or its +
,t the «•p• Saint Paul against liability on account successors in interest shall not use any
.id permi:- of ali claims of third ersons for in-
;:ar.:p:tancc P part of the above overhead pedestrian
jury to person(s) and/or property passagetvays Yor advertisement or dis-
�-• arising from or connected with the'play purposes,without the�vritten con-
'or :!s sur• construction, erection, maintenance, sent of the City of Saint Paul and the
u o��n c.�•: operation and/or removai of said struc- application thereto of any advertising �
::,ncc �:::� tures hereunder, at all times, and to i material or display shall be deemed �'�
:he Citr of furnish competent evidence of said�prohibited by this Ordinance;
e S:ate o: coverage, from time to time, to the� 1. That said permittee and/or its
'= P��b••� Director of Finance and Management'successors in interest shall, at all per-
cun:;:uct Services of the City of Saint Paul; tinent times, in the eonstruction,main- ''
t o�•erh��:�cs g. That said permittee shall not pro- tenance, and operation of each over- 5"
::'i'.'��': ceed with the applicable construction head pedestrian passageway hereunder,
�;1 pay th� unless and until said pErmittee shall I provide respectively a minimum verti-
it�is o:d:- have fully complied with the proci-i cal clearance of at least 17' 3" on the r'� � i.,
sions regarding insurance and in-�bridges across Cedar Street and across x
'+ F�l' th�' demnification contained in the Depart-!East Fourth Street and at least 17' 4^ �' � ,
�i.^.cennr, ment of Public �l'orks, City of Saint I on the bridges across East Seventh ? _
`�= D��"`- Paul "Standard Supplemental Specifi-;Place and across Robert Street bet�eeen x::
rc to th:, cations for Hieh�va}• Construction,"�and throughout the course of the bot- ��, =Y"f�
w:
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�;d�w. s� � � „f'+t' a'x�,.��urx ' . N�:�„ > >�s 7 ¢ � . ,,,,, ' �� n s--F
.,,w. ,� As�`� .� ;, tf•�"" ��a .< �` .: �' Ft 1'i��+�,. j� � f � -�' � • �4„a.��
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552 PROCEEDINGS OF THE COUNCIL
- adopted Resohn:
tom of said structures and the surface�of the City of Saint Paul as obligee, prelim�r��'y ap��
��,� of said sections o£ pubiic streets: ex-i conditioned upon the permittee's suc- of revenue bor.,
cept as maY be altered by the City's cessors in interest complYing with the pal amount of _
x; future street work; I terms and conditions of this Ordinance to�ance the c:
m. That said permittee expressly and also conditioned that, in the event mixing and pe��
:'� agrees to comply with Chapter 216 oE the permittee's successors in interest at their asphaL
the Saint Paul Legislative Code, as fail to maintain or repair said over- storage comp•e�
amended, pertaining to street obstruc- head pedestrian passage�vay to a rea- � Red Rock L:
tions; sonabie standard of safety, or fail to z, Laws o£ _
n. That said permittee and/or its remove said overhead p°destrian pas- �q, provides t'.:
; successors in interest shall complete sageway upon order by the Council, bonds authonz�.
the construction and erection of each the City of Saint Paul may undertake ty of the Citc
overhead pedestrian passageway by the maintenance, repair, or removal issued only ���_
not later than one (1) year after com- thereof and may recover its reason- City Councl� o�
mencement of construction. Said com- able cost incurred thereby from said by resolution .
mencement shall be evidenced by surety, which Surety Bond shall re- �;;�la�v:
-.. Public Works' receipt of a written�main in full force and effect as long 3, The Port �•.
���- notification thereof, and shall be dated as said overhead pedestrian passage- Saint Pau1, ha`
;� therein, as further provided for un- �vay or any part thereof remains in Council give .t
der Paragraph (o) below; that portion of public right-of-way as suant to said !:
o. That said permittee shail notify shown on plans to be filed with the ance of said '
the Bridge Engineer of the Depart- Department of Public Works. The port Authori'�•
ment of Public Works before and Surety Bond shall be in form as shall paul, subject '
when construction has been completed be approved by the City Attorney, ana details of sai:'.
to allow for a final inspection of each shall have such surety as shall be thority of the
overhead pedestrian passageway here- approved by the Director of Finance g, It is es:
, �d�._ and Management Services; rincipal aric_
a.. That each overhead pedestrian t.That said permittee and/or its suc- approximatetc
passageway hereunder shall be re- cessors in interest shall submit pra- �terest cust
moved by and at the sole cost and ex- posed plans and speeifications to the �ll not e�c�
pense of said permittee and/or its Department of Public Works for re- be it
successors in interest whenever the view and approvai of any intended Resolved. $'
Council of the City of Saint Paul shall structural repa�rs or major mainte- Lyty oi Saint -
by Fiesolution determine such removal nance work on each bridge before �yth Laws, oi
necessary in the public interest and any such work is carried out. Upon ygq� the Crt�•
accordi.ngly order the removal of said completion of such structural repau's to the issusn�
structure from said location; approved by the Department of Public nue bonds fo:
q. That said permittee shall, within Works, permanent reproducible trac- in the afore=_:
the period of 10 days after the publi- ings shall be furnished the Department lution No. 12-
°'� cation o£ this Ordinance, file with the showing the work done and marked �ount of ar.
� City Clerk its written acceptance of with any "as builY' chan�es, as weli a net intere=
this Ordinance and agreement to be as reproducible shop drawing tracings 8% �e exac�
bound by ail the provisions,terms and of the same; ing, but not .
conditions thereof without limitation u. That said permittee shall submit lating to ma'•'-
which written instrument of accept- the necessazy insurance documents to count, reder.�.
ance and ae eement shall be in the the Office Engineer of the Department 8nce of acc.
form approved by the City Attorney: of Public Works for each o��erhead determined
r. That upon the execution of an pedestrian passageway hereunder. The �suant to
Agreement by and between the City Office Engineer in turn shall submit pprt Author!
of Saint Paul, the Housing and Re- said documents to the City Attorney of hereby autt:�.
' development Authority of the City of the City of Saint Paul for review and, additional b
Saint Paul,Minnesota,and the applica- it said insurance is sufficient, said bonds) b,r t
ble building/property owners respect- documents shall be appropriately filed bq tye port
ing the aforesaid pedestrian passage- with the Director cf Finance and Man- for carryin;
ways noted above, the permittee being agement Services of the City of Saint the aforesai
the Housing and Redevelopment Au- Paul. Adopted b:
thority of the City of Saint Paul. SECTION 3 1977•
Minnesota, shall be relieved of anY That this Ordinance shall take etiect Approved
further obligation under the terms of and be 3n force thirty (30) days from ��
this Ordinance, and the successors in and after its passage, approval and —
interest of the permittee, i.e. the ap- ublication.
plicable building/property owners re- P Council Filc
. specting the aforesaid overhead pedes- Adopted by the Council November 3, Butler—
trian passageways as noted above shall 1577 Whereas.
be responsible for paying the insur- of S�:
ance premiums for the overhead Yeas — Councilmen Butler. Hozza. City
' pedestrian passageway(s) connecting Hunt, Levine, Roedler, Sylvester. Cu bud�et�.
- their buildings and also for providing Tedesco-7. operations
the maintenance and operation same; Nays-0• to the Pr�
s. That upon the Housing and Re- ppproved November 4, 1977. Minnesota '
development Authority's conveyance et for ind:�
' of its obligations under the terms of GEORGE LATIMER amount �f
:,; this Ordinance to the above successors Mayor Whereas.
in interest, said permittee's successors (November 12, 1977) Hled ��ith
in interest shall furnish and deliver of the res
unto the City of Saint Paul a Surety Authorit��
Bond in the amount of Fifty Thou- gESOLUTIONS law the C.
sand Dollars (550,000.001 for each com- the bene
. pleted overhead pedestrian. passage- industria?
way (bridge) hereunder, made and Authorit.-
executed by said permittee's successors Council File No. 270043—By Rosalie L. there be
in interest as Principal, and a Corpo-I Butler— legallc ?
rate Surety Company duly authorized I Whereas, sufficien:
to transact business in the State of 1. On October 18. 1975. the Port Au- 1y5,755: '
' Minnesota as Surety, to and in favar thority of the City of Saint Paul $
Vr
�
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k..Y'�`�r ft..�a•.�t. �y.1,,t,,�a�t ,i`� "'�. 'r�Y� _ .t,.
,,..���?�'_:�.�,z�:::;d„i�ro.L+�".....i.C��. . . - '� . .< +.,�..
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�. � MINNESOTA :::::: , ST. PAUL
i
- . _ � MUTUAL LIFE I :::::::j � ATHLETIC CLU
� ZS � � :`� �
� �, C!�
— b' —�- �
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�
F�urth Street
. ; ...�
k � �� _
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; �a � 12-
i � :�:�:�::�:
" I . � � ABSTRP,CT ""'� �
- BUILDING ��: _
`� __
�
�I, DEGREE
� '� ' �"� �i� OF HOPJOR �
__ ._ �i�
.. � � � ., .
_ � _
I . � �
—y �
�
T . PAUL RAD I SSON HOTEL' - '�--�T--�z i4=�---� ��
_ �
T ti �.� — — I I EXHIBIT "B"
,� �j"�- '� � r' I .
i�,, ; �,.,�i; , Skyway Level
-� . �
� , :easement
- - i �' ; �;s'��bridge
,-
� _ r: � �r---� � �� � ---- directional sign
�
� � .
. � ' - GRANT OF EASEMENT
�
n
�. WHEREAS, MINNESOTA MUTUAL LIFE INSURANCE COMPANY, a Minnesota
� l? insurance company, hereinafter called "Grantor" , is the fee owner 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, and Degree of Honor Protective Association, to grant to the
City of Saint Paul a public easement for a second floor level pedes-
trian way, also described as the Skyway Bridge and Pedestrian Concourse
System, through Grantor's Property.
NOW THEREFORE, in pursuance of that Agreement, and in considera-
tion of the sum of ONE DOLLAR ($1.00) and other valuable consideration,
the receipt and sufficiency whereof is hereby acknowledged, Grantor,
for itself, its successors and assigns , does hereby grant unto the
CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for
the Skyway Bridge and Pedestrian Concourse System for the use and benefit
of the public as a public way and for public pedestrian ingress, egress
and transit in, through and over the Property and the structures there-
on, described as follows :
i
Call of which above described areas shall be collectively referred to
as the "easement area" .
The easement area is expressly herein made subject to such reason-
able police measures regarding open hours and closing any part or all
of the easement within, on or over Grantor's Property during non-
business hours, and regarding publi�c conduct within the System, as the
City of Saint Paul may, by ordinance, from time to time determine.
The public' s right herein to ingress and egress and pedestrian
transit in and through the easement granted to 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 police 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 ingress and
egress and pedestrian transit in the City's easement.
�
EXHIBIT C
� 2-3
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� a � � � a.
o,
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� The Grant of Easement herein shall be subject to the right of
/1l the Grantor to change the location of the easement conditioned upon
(, the grant of a new easement which shall permit the continuity of the
System, and, on the further condition that the new easement area shall
be installed at the sole cost and expense of the Grantor, and, on the
further condition that no change in the easement location shall be made
without the approval of the Housing and Redevelopment Authority of the
City of Saint Paul, Minnesota and the City of Saint Paul , such approval
not 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 the Grantor.
Notwithstanding anything to the contrary herein, the easement
granted herein shall be limited to the life of the improvements consti-
tuting the System and shall terminate upon the happening of either of
the following events:
A. In the event the easement granted herein is
vacated, abandoned or discontinued in the
manner required by law.
B. In the event the building (s) in, upon or over which
the easement 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,
C agree that, without further consideration, a substi-
tute easement of substantially equal convenience,
area and general configuration shall be given. In
the event the easement or any portion thereof is
relocated, vacated or terminated under the provisions
hereof, City shall furnish a release of such easement
or portion thereof, to Grantor, its successors or
assigns.
Grantor, for itself, its successors and assigns, does hereby
agree that for and during the life of said easement, Grantor, or its
designee under separate agreement shall be responsible for and/or
provide for the cost of all repairs, improvements and replacements of
the public way or Skyway Bridge and Pedestrian Concourse System as it
passes through its building or on or over its land as described herein,
it being understood that the aforesaid covenant shall run with the land.
Grantor reserves unto itself the unconditional right and privilege
of selling, conveying and transferring the Property described above to
any corporation, corporations , trust, trusts , individual, partnerships ,
or other form of venture. In the event of transfer of property owner's
interest in the Property, the Grantor (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
Grantor (seller) contained aforesaid Agreement thereafter to be per-
formed; provided that Grantor' s successor fully and without limitation
� assumes in writing all duties, responsibilities and covenants of the
Grantor hereunder.
� �� '
� • - '. 3. � �� �� v,5
�
�� ,
� TO HAVE AND TO HOLD said easement for a public way or Skyway
� Bridge and Pedestrian Concourse System, together with all rights of
�� ingress and egress appertaining thereto until the System is vacated
or abandoned in the manner required by law, or terminated in accordance
herewith.
IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal
this day of , 19
S E A L MINNESOTA MUTUAL LIFE INSURANCE COMPANY
By
Its
By
Its
STATE OF MII�iNESOTA )
) SS.
COUNTY OF RAMSEY )
k
On this day of , 19 , before me, a
CNotary Public wi in and for sai County, appeare�
and , to me personally known, w o, eing eac
by me uly sworn, did say that they are respectively the
and of M�NNESOTA MUTUAL
IFE SU CE COMPANY, a Minnesota insurance company, that said ,
instrument was signed and sealed by authority of its Board of Directors ,
and said and
acknowledge sai instrument was the ree act an ee o sai company.
THIS INSTRUMENT WAS DRAFTED BY:
�
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� `�, . , � ..
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4. INSURANCE
The contractor shall furaish proof of insurance directly Lo the City Attorney . .
prior ta commencing work. The coatractor shall bold harmless and defend the
City, where applicable, against any and all claims for property damage and '
claims for iajury to or desth of one, or more thaa oae, persoa, because of �
accidents which may occur or re�ult from operattoas under the contract. The -
contractor shall pay any judgment against the City resulting from aay such �
suit. The City shall have the right at its option to participate in any such� �
litigation witliout relieviag the contractor bf any of its obligatioas. The
contractor �shall e$rrq the following insuraace naming the Citq as a co-insured
._thereon: --. . �
-�- A. Cantractor's Pub�ic Liability Insurance with limits of $500,000/$500,000
-:� --- naming and protecting the contractor, all subcontractors, against claims
for iajury to or death of one or more persons as a result of accideats
whicb may occur at the site from operatioa under the contract. •
' B. Propertq Damage �Insuraace with limits of $150,000/$300,000.
,
C. Worl�en's Compensatioa Insurance in compliance with the Laws of the
State of Minnesota. . �
� Automobile Insurance, iacluding owned, hired and nonowned vehicle
D.
coverage limits of $100,000/$300,000 bodily injury and $50,000 per
i _ � occurrence property damage. :
4
� .
,. �( � EXHIBIT C-1
�t'
� + ... .. .. . . . . .. -..
a 4 . . _. ,, .
� . _ , .
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�` - ; . . ������
C � �
^ , . . . . __ . . . .
6 1 NSl1RANCE , . .
Modify Section �4 of the General Conditions, as fo( lows: . , � _
�a. lnsert.the� foi_low�ng after Clty: . . . . - .
"and Hammel , Green and Abr-ahamson, Inc." . �- - -�
b. Paragraph 8: Property Damage tnsurance. Delete thf's portiort of the � ������ `�
paragraph in its entit-ety and insert the foliowi�g 1n its places , "Properfy . "
Damage I nsurance i n ths .anount of not i ess than E500,000 for a I 1 damages to or �+�
destruction of properfiy in any one accident, and subJect to that limtt per �
„ acci dent; further sub,ject to a tota( of not less than S I ,000,000 fo�. a! 1 ' � . - �. , .
=_�� �,_ damages to or destrucfiion of property during the pol tcy pe�iod. ' _� �
c. Paragraph C:, � . : . -.
. . . _ .' � .. . $
. The Bu T 1 der's Ri sk I nsurance sha 1 I be for the benef i t. of` the Contractor,�_,�,:,':::�;�::;� .
� the City of St. Paul, the �fftA and the abutttng property owners as fiheir lnterests`;:�:`:.`;
may appear Jn the value of the cost of the work under this contract, and each sha11::�° �
� be specltica[ ty named itt the pollcy or policies as an tnsured; or at the Contracfior's�
optlon, a Blanket Owner's Protective Policy covering all Owners (includi�g adjacent
butidfng owners) may be provided tn lieu of the above Builder�s Risk Insurancs and the
Ci#y of St. .Paul Uniform Certificate of tnsurance. � " � � �"
. � , y . • � . .-
d. Add the fo( lowing"after paragraph D: , � .
. E. The Contractor shall also cause to have executed the City of Saint PauP ' .
"Uniform Endorsement" requtred by the Saint Paul Legisiative Code, as amended.
' � Tfils fiorm can be obtained �t i-he service desk on the 6th Floor of the City Hali � �
_ ' ,Annex. • . • � .
_ . � ,
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� EXHIBIT C-2
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