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275205 �,��rE� _ ��T� CLERK Community /� �PWK - FINANCE n'Jevelo[�ment CITY OF SAINT �AUL councii ��5�,�I�, .�� CANARY - DEPARTMENT r 1 �-�' t BLUE - MAVOR �- Flle NO. ouncil R�esolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that upon the recommendation of the Mayor and the City Council Committee an Finance, Management, and Personnel , the Council of the City of Saint Paul does hereby approve the expenditures listed below for Citizen Participation for the period of July 1, 1980 to June 30, 1981; funds for these expenditures to be derived from the Citizen Participation line item of the City's Community Development Block Grant Year VI Program, previously approved by the City Council , File No. 274519, March 6, 1980, and, be it FURTHER RESOLVED, that upon the recommendation of the Mayor and the City Council Committee on Finance, Management, and Personnel , the Council of the City of Saint Paul does also approve the expenditures listed below for Citizen Participation for the period of January 1, 1980 to December 31, 1980; $50,808 of these expenditures to be derived from General Fund Number 06110 (previously approved by the City Council as part of the 1980 City budget), and the remainder to be derived by transferring $11,532 from General Government Account 09060-536-000 - Conting�nt Reserve-General to General Fund Account 06110-547-000 - Citizen Participation. CD Year VI Funds City Funds District # & Name 7/1/80 - 6/30/81 1/1/80 - 12/31/80 1 Battle Creek-Sun Ray -0- $15,200 2 Greater East Side $ 14,500 8,000 3 West Side 25,010 -0- 4 Dayton's Bluff - 22,150 -0- 5 Payne-Phalen 19,500 -0- 6 North End 22,000 -0- 7 Thomas-Dale 32,950 -0- COUNCILMEN Requested by Department of: Yeas Nays [n Favor -- A ga i n s t BY��%_s��%��L�r..! Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By n t#pproved by ;Vlavor: Date _ App't,�d by Mayor for S b is5�on to Council _ ` BY - — B .�'. M/HITE� - CITV CLERK �CANARV - DEP RCTMENT GITY OF SAINT PAUL COUIICIl �°j�pI"�'� L�� BLUE - MAVOR File NO. /'�' �� . .t- Council R.esolution Presented By Referred To Committee: Date Out of Committee By Date Page 2 - CD Year VI Funds City Funds District # & Name 7/1/80 - 6/30/81 1/1/80 - 12/31/80 8 Summit-University 35,000 -0- 9 West Seventh 22,011 -0- 10 Como -0- 12,240 11 Hamline-Midway 19,101 -0- 12 No. & So. St. Anthony 25,970 -0- 13 Merriam Park, Lexington-Hamline, 13,000 -0- Hamline-Snelling 14 & 15 Southwest Area -0- 17,500 16 Summit Hill -0- 9,400 17 Downtown 10,000 -0- Early Notification System 10,000 TOTALS 271,192 62,340 APPROVED AS TO FUNDING: APPROVED: �%��c.� "//1 � � ernard J. Carlson, Director chard E. hroed r Department of Finance & Management Services Budget Director L COUNCILMEN Yeas Hunt Nays Requested by Department of: Levine PED �Community Development Division) �� In Favor McMahon v � `� �,�� Showalter - — Against BY `Ti(/, . �� VVilso� _-- � J�L 1 1980 Form Approv d by Cit tor Ado�ted by Council: Date r ertified Yass y uncil Secretary BY ` �- �--- .. >ir,� �I-Z?�8 $ \ �..C _ � G'- _ \ �, Ap o b ;Vlavor. Date „[�� 7 ,,,,,,. Ap rov by Mayor for S bmis on to Council Bv - — � �,,�,�i.tSlifD J U L 1 2 i980 , �� J ` ��"��"'" � CITY OF SAINT PAUL _\ti`�lTY OFG� - '�� I•'�A '�i.��ii OFFICE OF THE CITY ATTORNEY ;o �-= �`; ;.� ii€i1llii�ii �= < s „_ EDWARD P. STARR, CITY ATTORNEY ,e,. , ' 647 City Hall, Saint Paul,Minnesota 55102 , 612-298-5121 GEORGE LATIMER MAYOR May 28, 1980 Rose Mix City Clerk 386 City Hall Saint Paul, MN 55102 Dear Ms. Mix: Enclosed please find for filing an agreement arelating to the skyway bridge and skyway pedestrian easement areas from Town 5quare to the Bremer Building. If not filed directly with it, this agreement can be cross-referenced to Council File No. 274205, Ordinance No. 16617, which granted permission to construct and operate the said skyway bridge. Very truly yours, • , �- Philip . Byrne Assistant City Attorney 298-5695 PBB:cah Enc. aii��=W�=(5'� _ - i own �quare�nremer . 1 • .r • ti Iw • AGREE ��iENT THIS AGREEMEN? made and entered into this � day of /�� , 1980, by and between the HOUSING AND REDEVELOPM�NT �.U?HORITY OF E CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, hereinafter referred to as the "HRA°', the CITY OF SAINT PALJL, a municipat corporation, hereinafter referred to as the "City", A. C. CLASEMAN & ASSOC., INC., a Minnesota corporation, hereinafter referred to as "Claseman", AI�B REALTY CC?RPORATION, a Minnesota corporation, hereinafter referred to as "ANB", AMERICAN NA7'IONAL BANK AND TRUST COMPANY, a United States banking corporation, hereinafter referred tv as "Arnerican Bank", BREMER TOWE�S, a Minnesota limited partnership, hereinafter referred te� as "Bremer Towers", OXFORD DEVELOPMENT 1�IINNESOTA, INC., a Minnesota corporation, hereinafter referred to as "Oxford", and ST. PAUL JOINT VENTURE, a �'Viinnesota partnership consisting of Capital Hospitality Corporation, a Minnesota corporation, as a general partner, and SPi-I Hotel Campany, a Minnesota corporation, as a general partner, hereinaftec referred to as "Venture", whase new building, i.e., the Radisson Plaza Hotel, hereinafter being referred to as "Hotel". WITNESSETH: WHEREAS, the City ar�d the HRA, through the Downtown Urban Renewal Project, N1inn. R-20, undertook to develop a pedestrian skyway system within the Downtown Central Business District, hereinafter referred to as the "System"; and WHEREAS, the City, pursuant to Chaper 764, Laws of t4linnesota 1973, is authorized to operate the System; and � WHEREAS, upon a portion of the Block bounded by Cedar, lVlinnesota, Six#h and Eighth Streets, as described in that certain Contract for the Sale of Land by and between Oxford Properties U. S. Ltd., HRA, and City dated August 26, 1977, Oxford is to complete a multi- use office and retail development, which shall hereinafter be referred to as "Town Square", and, upon Parcel A-2 of the Block, as described in that certain Contract For Sale of Land . 2 - • � � " by and between Venture and HRA dated November 1, 1977, Venture is to complete a hotel, . the Radisson Plaza, referred to hereinafter as "Hotel", and on the block boundeci by Seventh, Eighth, Minnesota and Robert Streets, there exist certain improvements owned by ANB, that the portion thereof on the land described in Exhibit A attached hereto shall hereinaftec be referred to as the "Bremer Property"; and ; WHEREAS, an extension of the System over �tinnesota Street between East Sixth Street and East Seventh Place (formerly East Seventh Street) from Town Square and Notel on the west, to the Bremer property on the east, has been app�oved as part of the Seventh Place Redevelopment Project Plan, which plan was approved by the Council of the City of Saint Paul on December 5, 1978, in Council File 272155, and has been filed with the City Clerk of the City of Saint Paul; and - WHEREAS, the extension of the System over Minnesota Street necessitates pedestrian - ingcess, egress and transit through certain portions of Town Square, Hotel and the Bremer Building; and WHEREAS, all parties hereto are desirous of the construction of the sky.way bridge over tilinnesota Street; and � WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over tvlinnesota Street; and WHEREAS, a benefit will inure to the respective property owners by virtue of being linked to the System; and WHEREAS, the City by Ordinance No. 16617, Council File No. 274205, granted the HRA permission to construct and operate a skyway bridge across Ntinnesota Street between Sixth Street and East Seventh Place, which Ordinance is attached hereto as Exhibit B. NOW THEREFORE, BE IT RESOLVED BY f�ND BETWEEN THE PARTIES HERETO AS FOLLOWS: _ � 3 �_ BRIDGE CONSTRUCTION 1. The HRA agrees to design, construct and pay for a skyway bridge connecting Town Square and Hotel with the Bremer property in accordance with HRA and City approved plans and specifications prepared for H:A by Hammel, Green and Abrahamson, dated November 30, 1979, also known as Bid No.�A 8448-5, and reviewed by Ox#ord, Venture and Claseman. Said skyway bridge shall include: support structures; related mechanical/electrical equipment for heating, ventilating and air conditioning ("HVAC"), lighting and roof drainage tied into the respective systems of Hotel; aluminum and glass doors at the Bremer property. end of the skyway bridge; finishing at skyway bridge ends; and insulated glass to the extent glass is used to enclose said skyway bridge. HRA, as part of its bridge cost, wil! buiid a raised platform at the easterly end of the skyway bridge (approximately 12` x 14') and an adjacent ramp (approximately 5' x 6' in length) to meet a platform to be built by Claseman, � and will construct all necessary foundation structures within the building on the Bremer property to support the skyway bridge. The platfocm and ramp built by HRA and Claseman will serve as the transition from the skyway bridge end to the existing floor level of the Bremer property (see drawing dated August 12, 1979 by Reeve Hutchinson). HRA wili accomplish and pay #or any mechanical and electrical system inst311ations and connections which are shown in the approved plans and specifications to be part of the HRA construction cQntract. 2. HRA will include a provision in its contract for the construction of the skyway bridge, whereby the contractor consents to the assignment of warranties to the owners of the buildings abutting the bridges, and HRA shall assign such warranties to them upor► approved completion, without relinquishing its own rights under such warranties, and, � if necessary, HRA will cooperate and assist in any prosecution of lawful and praper 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. • 4 �_ CONSTRUCTION AND COST RESPONSIBILITIES 3. HRA shall be responsible for and shall pay up to $50,000.00 for the costs which have been incurred by Claseman for (i) demolition within the Bremer property which was necessitated by the new construction, and (ii) the construction and comp!Ation of such new pedestrian concourse in accordance with this Agreement and the plans as follows: a. HRA will, as part of said $50,000.00, reimburse up to one-half of the cost of new partition walls along said concourse limited to standard drywall in all areas and finishing on the public side (which shall not include any portion af wal! finishing facing private areas)o b. Claseman will be responsible for installing (i) the ramps and platforms not described in para�raph I. above, creating transition from the skyway bridge to the existing floor level, (ii) installing all finished floor material, including areas over all platforms and ramps, and f iii} making revisions necessitated to ceilings over ramps and platforms. This work performed by Claseman shall be reimbursed as part of the up to $SO,Q00.00 sum paid by HRA to Claseman. c. Such funds shall be available to reimburse only costs incurred in the referenced . demolition work and construction and completion of the new 12-foot wide pedes- tirian concourse between the skyway bridge herein and the existing north-south pedestrian concourse in the Bremer property, and may include all work necessary to provide a completely finished pedesti-ian concourse environment with proper . levels of lighting, heating, cooling and ventilation. As noted in paragraph 21. herein, HRA shall purchase the typical directiona! signs and.Claseman shall at its �ost install such signs. Claseman will be responsible to install and pay for the entire cost of refinishing the metal panel wall at the west facade, without reimbursement from HRA therefor. � 5 � r111 other costs for the construction and completion of the pedestrian concourse areas within ' the Bremer property, except as otherwise specifically provided for herein, shall be borne by Claseman. Claseman shall submit to HRA for review and approval an itemized aceount of al: actual costs and expenses incurred in construction and completion of its new pedestrian concourses. ; . EASEMENTS 4. Subject to payment required of HRA in paragraph 3. above, Ciaseman, ANB and American Bank hereby agree to grant to the City a public easement for the pedestrian skyway system through the Bremer property, all in accordance with Exhibit C attached hereto. Said easement to be granted by Claseman, ANB and American Bank shalt be in the form attached hereto as Exhibit D, and shall grant to the public the right of use of said pedestrian skyway system through the Bremer property for purposes of pedestrian ingress, egress and transit, except for such reasonable police measures regarding open hours and closing all or part of the concourse through their praperty`as the City may, by ordinance, from time to time determine, or regarding public conduct therein as may be prohibited by skyway ordinance, as it may be amended from time to time. It is agreed by ali parties that the skyway bridge herein and the Bremer property new pedestrian concourse provided for herein, shall be open so as to at least conform to the Town Square general retai! hours, � but in no event less than 7:OQ a.m. to 10:00 p.m. Monday through Friday, and 7:Q0 a.rn. to 7:00 p.m. on Saturday, all subject to further agreement by City. 5. That said easement to be granted through the Bremer property shali be in accordance with the attached Exhibit B and shall commence at the westerly property line of the Bremer property where the skyway bridge from Town Square and Ho#el over Minnesota Street conneets with the Bremer property and shall extend easterly through the Bremer property on the second level to the existing north-south pedestrian concourse through the Bremer property, together with such vertical access easement as is pcovided in such Exhibit C, including that over a stairway and portions of the ground floor to Minnesota Street. � 6 6. The public easement provided for herein shall be continuously at least 12 feet in width, except at nodes, if any, or where escalators, stairways, or the structural design of the building is such that a width of 12 feet is impossible. 7. Said easement shall be more particularly de��ribed, at HRA expense, after � survey of the completed pedestrian conco�rse public easement area by a registered tand surveyor. 8. Claseman, ANB and Arnerican Bank agree that the pedestrian concourse within the easement herein described and the adjacent access public easements shal! be designated as public easements and that all ordinances of the City applicable to the System shall govern. 9. The HRA and City hereby waive any right they may have to share in an award of damages in the event that a public body acquires all or any part of the aforesaid Bremer property by condemnation or under the threat of condemnation. Said waiver applies to the easement thraugh the property, but not to the skyway br�idge. 10. It is agreed by and between the parties hereto that the skyway bridge shali at all times be owned by the City and/or HRA, and said skyway bridge shall not constitute property leasPd, loanPd or otherwise made available to second parties, or any one of them (within the meaning of Chapter 272.01(2) of Minnesota Statutes), it being understood that . said skyway bridge is intended to benefit the public generally. � OPERATION AND MAINTENANCE 11. Oxford, Venture and Claseman agree to maintain, repair and operate the electrical, drainage and HVAC facilities in and serving the skyway bridge at their sole �ost and expense, and shall keep and maintain the skyway bridge in repair in a reasonably safe condition for pedestrian travel, reasonably clean and free of litter and debris. 12. Oxford, Venture and Claseman further agree to provide the necessary repair, operation and maintenance of the skyway bridge and its integral parts at their soie expense, without cost to the City or HRA. Such maintenance shall in�lude, 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. HRA and City shall be furnished with plans and specifications for all additions, alterations or major repairs and replacements to the skyway bridge, which plans and �pecifications shall be subject to their reasonable and timely appfoval before commencement of the work contemplated ,, � ��, , therein. Lack of approval or disapproval within 14 day� shall be deemed approvaL 13. Oxford, Venture, Claseman, ANB and American Bank shall enter into a separate written agreement for sharing the maintenance, operation and repair costs and responsibilities for said skyway bcidge, its integrai parts and related equipment. It is agreed that Venture will provide, at no cost to Oxfaed, Claseman, ANB, American Bank, HRA or City, all initia! necessary systems and equipment to supply all HVAC, electrical and other operating utilities for said skyway bridge. 14. Clas�man hereby agrees to provide all repairs and rnaintenance to maintain � the new pedestrian concourse in or on the Bremer property-�o a reasonable standard of safety and cleanliness, and to provide operating costs for the said pedestrian concourse. HRA and City shall be fumishecf with plans and specifications for all additions, alterations or major repairs and repiacements to the pedestrian concourse, which plans and specifica#ions shall be subject to their reasonable and timely approval before-commencement of the work contemplated therein. Lack of approval or disapproval within 14 days shalt be deemed approvaL 15. If Oxford, Yenture and Claseman fail to adequately maintain, repair and operate the said skyway bridge to a reasonable standard of safety, or Ciaseman shal! fail tQ uncfertake reasonable maintenance, operation or repair of the new pedestrian concourse area through its property within 30 days after receipt by the affected party or parties of written demand from the City, the City may undertake said reasonable necessary maintenance, repair and operating tasks, and the costs incurred by City for said maintenance, repair and operation shall be assessed to and shall be paid forthwith by the defaulting property owner(s) or their sureties, as applicable; provided, however, that the City retains the right to assess such costs against the party(ies) as a local improvement ie� the manner provided by law. 8 16. The skyway bridge and pedestrian concourse which are the subject of this Agree- ment shall not be operated for the purpose of advertising the name of any product or business ,_, or for any other commercial purposes other than for or on store fronts in the pedestrian concourse, such store f ront signage sha!! not project out f rom the wall into the easement area, subject, however, to the reasonable a,dvance approval of HRA. Nothing herein contained ., , shall prevent the installation.and maintenance of directional sign(s) identifying the buitding narnes. SURETY BONDS AND INSURANCE 17. Oxford, Venture and Clasemar� shall together furnish and maintain a surety bond in the amount of $�0,000.00 for the said skyway bridge to and in favor of the City of Saint Paul, as abligee, conditioned that said p�operty owners shall indemnify and hold harmtess the City in accordance with said Ordinance against all expenses and liability on account � of all cosis, claims, suits and judgments arising out of or connected with the maintenance, operation, repair and/or removal ot the skyway bridge, its integral parts and related equipment, and, further conditianed upon the property owners complying with al! terms ancf conditions expressed and contained in this Agreement as to maintenance, operation, repair ar�d/or removal of the skyway bridge, which surety bond shall be in such form as shall be reasanably approved by the Director of Finance and Management Services for the City. The HRA shall procure from the general contractor and provide to the parties, documentation evidencing that the general cantractor is maintaining throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans ancf specifications described in paragraph 1. herein, naming the abutting property owners to the skyway hridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4. General Conditions and Section 6. Special Conditions of the construction contract, copies of which are attached hereto as Exhibits E-1 and E-2. - . � ' 9 . 18, Insurance required by paragraph 20. hereunder for hazard and liahility for the skyway bridge shall be a maintenance cost to be�ssumed by Oxford, Venture and Claseman and shall be shared in accordance with the separate agreement for the sharing of operating, maintenance and repair costs that Oxford, Venture and Claseman shall enter into as provided ; 3 herein. ' 19. Insurance required hereunder for hazard and liability for the area designated as easement for the pedestrian concourse shall be a maintenance cost to be assumed by Claseman. 20. Oxford, Venture and Claseman shall fumish and maintain public tiability and casualty insurance coverage #or the skyway bridge and Claseman shal! do so as to,liability' insurance for the said new pedestrian concourse, with a duly licensed insurance company, wherein the City and HRA shall be designated as additional insureds, said insurance containing the following minimum coverages: for personal injuries, including death, $500,000.00 for each occurrence; for property damage to the extent of $200,000.00 in any single accident. Such minimum amounts shall be subject, upon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul, in the event statutary municigat liability limits ar� altered at any time a#ter the date hereof. The casualty insurance shall have an all-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as reasonably determined by the City from time to time. DIRECTIONAL SIGNS 21. The location of directional or other signs that may be installed in the pedestrian concourse herein shall be determined jointly by the HRA and Claseman. HRA shall pay the cost of purchase as to signs located on the Bremer property as shown on Exhibit Ce The cost of installing, operating, maintaining and repai:ing the signs herein shall be borne by Claseman. If the location of the pedestrian concourse public easement is changed, the signs shall be removed accordingly, and the cost of moving and re-installing signs to a new - : lo easement area shall be borne by Claseman. 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. BINDiNG OBLIGATIONS 22. This Agreement is subject to the terms and conditions of the aforesaid Ordinance . ; , No. 16617, as adopted by the Council of the City ot Saint Paul, and all its terms and conditions are incorporated herein by reference. All parties hereto, other than HRA and City and Bremer Towers, are �onsidered to be permittee's successors under the terms of said Ordinance, except with r�spect to the obligations of the permittee to construct said bridge under Sections 2(a) and 2(n} of said Ordinance. 23. The parties agree that in the construction, maintenance, repair and operation of the pedestcian concourses, they shall be bound by all City cades and ordinances governing the System insofar as applicable. 24. The respective rights and obligations of the parties set forth in this Agreement shall be binding upon and inure to the benefit of the-respective parties, their successors and assigns, and shall continue in force until such time as said System or that part herein is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. . 25. It is understood that this Agreement does not govern the relationships and agreements by and among Oxford, Venture, Claseman, ANB, American Bank and Bremer Towers themselves to each other, other than the requirements of paragraph 13. above. 26. The Bremer property is presently owned by ANB and leased to Arr�erican Bank; Claseman occupies the building pursuant to a sublease agreement. Thus, where rights, duties and responsibilities hereundec accrue to Claseman, ANB and American Bank shall also be deemed responsible therefor; however, this shall not in any way affect the rights and duties of ANB, American Bank and Claseman among themselves. Bremer Towers, lessee of the property described as Lots 6 and 7, Block 4, St. Paul Proper according to the plat thereof on file and of record with the Register of Deeds in and for Ramsey County, hereinafter . 11 referred to as Bremer Towers property, is interested as an assignee of the lessee's interest ' in a certain lease agreement dated Niarch 12, 1927 between Albert I. Shapira, Annie R. Shapira, ;�'ioses Shapira and Gertrude Shapira, as lessors,�and Ralph N. Cardozo and Hart N. Cardozo, as lessees; Claseman, ANB, American Bank and Bremer Towers have enterpd into a certain Easement Agreement providing for easements of ingress and egress to the skyway level � , � between the Bremer Towers property and the Bremer property, dated October 16, 1979, and as to the relationship among the parties to said Easement Agreement, the terms of the Easement Agreement have control; Bremer Towers shall maintain in accordance with its terms direct access from the Bremer Towers property to the skyway system through the Bremer property. 27. It is understood and agreed that in the event of any default in the performance hereof lay Claseman, its successors or assigns, that ANB and American Bank, their successors or assigns, shali become fully and immediately obligated to perform such duties and obligations. 28. This Agreement shall survive conveyance and deiivery of the Grant of Easement provided for herein and shall not be considered merged therein. 29. The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and transf erring their abutting and/or encumbered or involved real estate herein and assigning and transferring this Agreement to any other corporation, corporations, trust, trusts, individual, partnerships, or other form of venture. In the event of transfer of any property owner's interest in the property, the owner (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of owner (seller) contained in this Agceement thereafter to be performed; provided that owner's successor fully and without limitation assumes in writing all ciuties, responsibilities and covenants of the owner (seller) under this Agreement. For purposes of this paragraph, "owner" shall include, but not be limited to, lessors, lessees, sublessors and sublessees, and shall include, therefor, Oxford, Venture, Claseman, Bremer Towers, ANB and American Bank. � IZ . 30. Seven (7) days after substantial completion of the skyway bridge, and the furnishing to Venture, Oxford, and Claseman of an architect's certificate so stating, the obligations and duties contained in paragraphs 11, 12, 15, 17 and 20, herein above, as to said skyway bridge, ,-, shall become operative. 31. Seven (7) days a#ter substantial completion oi the pedestrian concourse, the � obligations and duties contained in paragraphs 4, 7, 14, 15 and 20, herein above, as to said pedestrian concourse, shall become operative. 32< Any notice to the parties hereunder shall be considered sufficiently delivered if mailed, by registered or certi#ied mail, postage prepaid, as follows: a. To: City of Saint Paul Donald Nygaard, Director Department of Public Works City of Saint Paul 6th Floor, City Hall Annex 25 W. 4th Street St. Paul, Minnesota 55102 And HRA/City of Saint Paui, Minnesota Renew.al Administrator - HRA/City of Saint Paul, l�iinnesota 12th Floor, City Hall annex 25 W. 4th Street St. Paul, Minnesota 551Q2 And City of Saint Paul Bernard J. Carlson, Director . Department of Finance and lYlanagement Services Room 113, City Hall St. Paul, Minnesota 55102 b. To: Oxford Development ti�innesota, Inc. � 628 North Central Tower 445 Minnesota Street St. Paui, Minnesota 55101 Attn: St. Paul Town Square Property l�ianager And Oxford Development ilrlinnesota, Inc. 400 Baker Building 706 Second Avenue So. Minneapolis, Minnesota 55402 • 13 - = c. To: A. C. Claseman & Assoc., Inc. A. C. Claseman _ 310 Bremer Building 419 No. Robert Street Sto Paul, Minnesota-.SS1D1 de To: Bremer Towers Ao C. Cla��man . 310 Bremer Building . 419 No. Robext Street St. Paul, Minnesota 55101 e. Tos ANB Realty Corporation . William S. Fallon Fif th �C Minnesota Streets � St. Paul, Minnesota 55101 f. To: American National Bank & Trust Company Witliam S. Fallon Fifth & 11�tinnesota Streets St. Paul, Minnesota 55101 �. To: St. F�aui Joint Venture John R. Heim l2755 State Highway 55 . Minneapolis, Minnesota 55441 _ And � St. Paul �oint Venture Milton H. Altman 711 Degree of Honor Buitding - .St. Paul, Minnesota 55I01 A party may, by written notice, designate a different address to which notices to it shalt be directed. HOUSING AND REDEVELOP�ENT AUTFiORITY _ - QF THE CITY OF SAINT PAUL, MIN�ESOTA BY I, - BY . �� ts APPROVED AS TO FORM CITY OF SAINT UL . , ._ By - • •I s or By Its Di ec or, Depa=tment of P anning a Ec n c Development � �� B � ts ire to �, epartment o� inance and e �ent Services . o Y I s ity C er ; ._ . . _ � OXFCcZD DEV:;LOPD?:';T i-iI�:tiL,SO�::, I::C. By I�s ,� . P B� , zts �� : � _ • ��. PAUI, JOINT VENTURr. - Capira ospitality Corporation By � I� G' ' � SPH Hotel Cor.i?any � BY I�1 Its � . ��, - A. C. CLAS�:•:�.:J & cSSOC. , I�C. , Ry , _t s B � . Y Its � , - A:r'B REALTY CORPOR�TIO'.v /�� B� zS � � � B� '� _ ts � , A?•��ICFi.'V N?li.,,�O�i�I, �B:.:�:� t,:3� TRL'S� CO:r.Pi�-��' , By � � ��. I�s ��,.�.Q G5� �y zts - _ �3Fr,'•I�.:R TO[1Ef:S . . By - Its . By its STATE OF MINNESOTA ) , , ) SS o COUNTY O� RAMSEY ) 0 On this a� day of �'y!� ' , l�b, before me, a Notary Public within - and for said County, appeared A. C. Claseman, to me personally known, who, being by me duly sworn, did say that he is the general partner of BREMER 'TOWERS, a Minnesota � limited partnership, and said A. C. Claseman acknowledged that said instrument was the free act and deed of said limited partnership. � HERBERT P. k��i� � NQ�ary Publie;,$�msey C�unty,A,�n, �v►y�ommission expires Dec.i�i,s i�� '� STATE OF MZNNESOTA ) - ) SS . ' � COUNTY OF RAMSEY ) . T' foregoing instrument was acknowledged before me this �� dav of ; 19 , by GEORGE LATINiER, Mayor of the CITY OF SAINT P L, municipal corporation of the State of Minnesota,on behalf of th City of Saint Paul. ��ti�,��Sca�an�amna�a��,a��nancua,�,�� :�•�'�a:: KATHLEEN M. HALE � ,� `�" NOTARY PUBLIC-MiNNESOTA � �^�„ ;.. � � �� RAMSEYCOUNTY � �"�-..��My Commission Expires Aug. 16, 1gg6 � y(`�7V�7�CIV�Y�YC'�Y�yGGG � ��yvWv"W'Y/'P9M� STATE OF MINNESOTA � ) SS. COUNTY OF �MSEY ) The foregoing instrument was acknowledged before me this Z� �Y of , 19�, lay GARY E. STOUT, Director of Planning and Econonuc ve opment for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on ehalf of th City of Saint Paul. ° �� _ _:�.� „ ,��.��. � KENNETH R. GAUTHIER NOTARY PUBLIC-MINNESOTA STATE OF MINNESO'Z°A � ;,:� WASHING70N COUNTY . � �c e MfJ Cemm.Expires Mar.31, 198� - ►7 � vww�vcwvwvW�W� COUNTY OF RAMSEY ) � � The foregoing instr�unent was_ acknowledged before me this �,�,�.t day of o� , 19 �� , by BERNARD J. CARLSON, Director ot � Finance an Ma agement Services for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. � �� • nnnnnA+e , JEANNE M.!?n�DER7� ' c �� NOTARY PUBLIC—MiNNESpT,\ � STATE OF MINNESOTA � RAMSEYCOUNTY � My Comm.Expires April 10,1987 - SS. Y COUNTY OF RAMSE�' ) � . ' T faregoing inst ument was acknowledged before me this :� � day of , 19�C� , by ROSE MIX, City Clerk for the CITY�F` SAINT L, munzcipa]. corporation of the State of Minnesota, on behalf of e City of Saint Paul. . ��a[�nn��nnaann,.aan„v�nn,n��nna��an�a tt Q ,;�^=-w�1: KATHLEEN bl. HALE a � � a STATE OF N1I NESOTA ) _ - �onti ;n ) ss. COU NTY OF R.�� ) � On this �_ day of �, 19�1� before me, a Notary Public within and for said County, appeared G•G,. o�� and G. L. L:hdsfJ•or� , to me personally known, who, being each by me duly sworn, dj�� say that they are respectively tne -�.Q P � and �s�,�-�f V'c2 f"i�8�c�eftf' of C:FORD DEVEL�PMENT MI NESOTA, INC., a Minnesota corporation, that said instrument was signed by authority of its Board of Directors, and said L. G. ��I.p� ; and G. L, L;h/ �W+ , _„ acknowledged said instrument was the free act and deed of said corporation. 6RIIAN A. f1ElD • � �� MOT/Mr/I�L1C•�NNNEWTA �MN CQt,MITY wh►c«�w.�Exo+�+s oa.��s . STATE OF MINNESOTA } � ) 55. COUNTY OF �t3'nxf�� ) On this � da of , 19�, before me, a Notary Public within and for said County, appeared to me personally known, who being by me duly sworn, did say that he (she i the of CAPITAL HOSPITALITY CORPORATION, a Minnesota corporation, and a general partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, � that said instrument was signed by authority of its Board of Dir�ctors, and he (she) acknowledged that said instrument was the free act and deed of said corporation. Gir—� ' � -'�"'�� cSusan `3zecman ��''� NOTARY fUBIIC-MINNESOU STATE OF MINNESOTA ) r �y Crnnmisswn exp!reaCO pN 1Y1986 � SSo COUNTY OF RAtiISEY ) On this �a o , 19�0, before me, a Notary Public within and for said County, appeared , o me personally known, wha being by me duly sworn, did say that e is the of SPH HOTEL COMPANY, a Minnesota corporation, and a gene partner in ST. PAUL JOINT VENTURE, a Minnesota partnership, that said instrument was signed by authority of its Board of Directors, and he (she) acknowledged that said instrument was the free act and deed of said corporation. � � �� . . CATHLEEN A.STICY � i' NOTARY PUBUC—MINNESOTA DAKOTA COUNTY My Wmmission E.pires Otc t0.1985. r • �� s la=� oF �•;I:�ivESOTA ) ) SS. - COliLvTY OF Rr'1i�.SEY ) On tnis 1�� day of /'y�� , 19�b , �ef re me, a �Jotary Pui�lic within and for said Cou y , a�pr::�:rcd and , ��,4�/ , to me pe�sonally nc.:n , wno, e ng eacn by me cTUIy swor,z, did say at they are respectively the � � -. and of A.C. CLAS�:�:A:v' & A5SOC. , II�C. , a i�iinnesotq corporation, tnat ai ir.stru�;, �,ras sigr.ed by authority f its Board of Directors , and said and ' � . /�iQ1,/.,4y� ackno�+�ledged that saic znstri::-�en was t. e free act and aeed ot said corporation. - _ .:;;• �,,.��c��r�� i =;} : w' ,�?�-,: ��;i«;K��,S�y �:�unry,r,A;, STATE OF t�1INNESOTA ) M,�:-:�,r�,�?i�+�a��?��.��e�.��',��. ` ) SS. COUVTY OF R�iSEY ) On this � � day of`— , 19�� , befare r.te, a Notary Public within and for saia Coun y , appeared � , and _ ,�,��,� � � , to me personailv� k ;�;^ , w o, being eac y me duJ y swo n, ai'� say tnat they are res:ec�ivel.� t_^.e (/f� and � o* A'.:3 R�:�,i��' CO�O�.y�IO�:, a i�linnesota �corporation, tnat said insLru:�ent was sicned by autnoritv - of its Bo�rd of Directors, and said �_ _� �r-�� z�d i acknowledg�fl t..a;. saia i:;stru:,,�nt �as the ' ree a:.t ana aaed oz s ia corporat�on. � . ��a� � � �T c�� r: � �d"'� c/vcr<c� di,oz2issette STAT�, OF MINNESOTA ) �'�� NOTARY PU3!IC-M,iN�lE50TA J SS o MY COMMISSION EXP RES APR�.,S,1888 . COUNTY OF FtAMSEY ) O n th i s �'�` d ay o f `_,_: �_ , 1=� �U , b��ur�� n;�� , .-� tv.>L.-�t}• Public within a�nd for said CoLUit , a�pearec�"- j�_�� and �" -- , to m personally r.o�•�n, wno, aeing eac by ne u y sworn, did y that they are respec�ively the and ( J� of the :�i-ii. t �.�� 2�aTI0��AL BANK AND TRUST CO?�IPA�J�t, a United States anking corpora�ion, � that said instrument was signed by authority o� its Boarc of Directors, and saic�"� ,�h.� 5< -, ��,�� and ac,�nowledged tna� sai�lns�rumznt was t =ree c� an aeec sai banking corporation. � � V � � . �, s."..�., � �.�� <..> _ ,,, _`..,�..�"„3 . . ... � .� ., f J !_11 � \ 1 '_'�` f�v �.kY F�?.IC_M(NYESte � �� Mr c>mMissioH E'��1iEY C:;'JP�TY �rA XF�kes qpR.S,iD6S � � � � � . s�alL oF ?•�zti:rLSOlA � � SS . COu:vTY Or Rr'�,J•iS�Y ) On this ��day of I9 �� , � , before me , a �o�a=y Public within and for�s.a,�d.. ounby, appeared ,. �nd � �.L�., to me personally known, �cho, bein? each � by ne duly sworn, did say that they are respectively the � Jand of t.ie HOUSIi1G ?1I�'D RED�VELOP- NEVT AUTHO�ITX OE' '�FiE CITY OF SAIi1T PAUL, MTNi�ESOTA, a Minnesota public body corporate and politi�c, that said ir�s�rument was sisr.ed by au�hority o= its Board of Commission��s , and said and �.� acknowledged said ir.strument was. the free ac� and ceed o� said corporatio:�o . - . r,-k�/��/b _ .. � rnnnnnnnnnnnnnnnnnnnnnnnr,nrmn,�nnnnn■ i KENNETH R. GAUTHIER NOTARY PUBLIC-MINNESOTA �`� wAS►+�NCron counn M7 Comm-Expires Yar.31, 1985 - � M ■ BRE!�IER PROPERTY ' Description A tract of land located in Ramsey County, Minnesota, described as follows: r. .�. Lots 4, 5 and 8, Block 4, "St. Paul Proper", according to the plat thereof on file and of record in the office of the County Recorder in and for Ramsey County, Minnesota, except the SE'ly S feet thereof for alley. "�he North 1/2 of the South 1/3 of Lots 1, 2 and 3, Block 4, "St. Paul Proper", according to the plat thereof on fiie and of record in the office of the County Recorder in and for Ramsey County, tiiinnesota, except the easterly 20 feet thereof. EXHIBIT A �S •IN��+�C 7 r !`\ y � T T + T� Y �r ' Y�"" JEp��rLrOwr��tiT �1 1 Y O� +Jt�. 1 +1 1 A,�). V .1.. COU:SC12 f�j /�. . Fi.e ►�Q. h, • � ��'.��3�L�L��CC+ Ordinance NO. � �/��/, � % ' . - __. � =nted B; `'�✓J� � _ Referred To Com�ittee: Date Out ot Committee By Date AN ORD1Nr.NCE Ml.'�KiNG PROVISION TN,EREFOR AND GP.AhlTI�;G U;�70 THE . NOUSING AND P,EDEVELOPNENT AUTNORITY OF THE ClTY OF SAiNT PAUL, HiNtIESOTA, A N1N11ESOTA CGRPOEtF►i t0�a, AhD 1T5 St1CCESS��S OR ASSIG�JS, PERHlSS10N TO C0457Rt1CT, MAINTAIN AND OPERr1TE THc" FOLLOtdiHG OVER- � NEAD PEDESTRlAN PASSAGE4IAYS OVER PUBLtC STRtETS WlTH1�� 7NE CORPORATc . LI?i1T5 CJF THE C1TY QF SA(t1T PAUL; �`,NO . 1) ACROSS EAST StXTN STREET BETWEEN THE INTERSECTlON 7NER�-� W!?'H OF MINNESOTA STREE7 ANO CEGAR STREET, SAtD OVERN��,D �PEDESTRIAN PASSAGEWAY TfJ BE EXTEND�D FROH TH� EXISTlr,G _ -. . N.ORT}i�JESTERr1 KATfON�I, BA�lK (r�oF,TE�i41EST CR�SSl��G) ON� 7H� SOUTH S1DE OF �AST 51XTH STREET TO THE RF,DISSON HOTcL/TO�,'N SQt1ARE CQHP�EX flN THE NORTH SIDE OF EAST SIXTH, STREET. • 2) ACROSS MINNESC7A S7REET 8ET1,'tEN Tf?E 1��7ERSEC710,� TNER�FIITH OF EAST SEVLNr.-1 PLACE AND EAST S{XT'r! 5 i RcET, SAl D ovc�„�EAD PEDES i R�AN �i+55AGEWAY TO 8E E�Ett�"tt� F�iOri i fi� RAD(SSOta HOTELf . TOW�V SQL)ARC CONPLEX O;a THE wEST Sta� Or'-MItlI'�cSOTA STREE? TO " ° TH� BEtcN�R BU 1 LD i NG ON TiiE EAST S f D;. Or ri 1 t:�3�SOTA STREtT. . . TH� COUNCtL OF THE CITY OF SAtNT PAUL DOES ORDA11�: � Section ] . That permisslon and authority hereby are grarrted to the Nousing .and Re- deti�Plopment Authortty of the City of Saint Pau1 , Ninnesota, a Minnesota corporatior� and/or its su�cessors in interest to construct, maintain and pper-- ate the `o] lowing overhead pedestrlan p�ssage+��ys over public strr�ts within the corporate limits of the City of Saint P�ul ; and � ' E?GiIHIT 8 COUtiCIC„�iFN � � � -,S �a}.� Requested by Depa:;nent of: B:iti=- . Hoz:a In Favor Nunt ��'10 ._._ Against BY I�iaddox • � � Snowal;er ' Tedes�o Forn A roved b•, �!ed by Co;:ncil: Date ( P? ��City •ttorn y� n � _� C . , - .�.� �d S�assed by Council Secretary j By % a �•.r "'� [ !�•:e� by :+:�yor: Datc ( AF?�. 5Y �'��Yor`f r Sct.ini./io� to Counei! ✓- , '`' f n, �'��,, r� � �� -�'f. /'1 ��f� . � � ! • � � . . .. � �C� (- � - -2 L"►.w . - ,�;•r,��-T.. �.. ::� 1 ) across East Sixth Street between the intersection therewitf� of Hinncsota Street and Cedar Street, said averhead pedest�ian passager+ay to he extended fron the existing l;orthwestern t:ational Eank (Northr,�st Crossing) on Lhe south �side of East Sixth Strcet to the Radisson NoLel/Tauri Square Conplex on the north si�e of Easi Sixth SLreet. � . 2) across riinncsota Street bet►�reen: the intersection thereNith af East Seventh Place and East Sixth Street, said overhead pedcs- trtan. pasSageHay to be extended fram the Radisson Hotel/Tc�wn - � Square Con,plex on the �st side of Ninnesota Street to the Srerner Building on the east side of Hinnesota Streei. ' Saction 2. That the Di�ector of Pubtic Nork"s is hereby authorized to issue necessary permits to saId permltCee, the Fiousing and Redevetopment Authority of the:City � oF Saint Paul , tiinnesota, far the. construetion, maintertance, and operatian of said overhead pedestrian passageways according to the pians a�d specifications � apprbved by the Department of Publ ic 41or{:5_ and at the separate cost and expense of said permittee, upon said perr,i,ittee's canpliance� with the �o� towing condiiions. a. That said permittee and/or its successars in interest sha� t , at its . . "� own cost and expense and in accordance with al.l appTicable ordinances of the City of Saint Paul , statutes of the State ot= Minnesota and regulations of pubiic authority having cognizance, construct . nain- tain, and operate said overhead pedestrian passageways hcreundet-; . b. That said permittee sha11 pay the costs for the publication of this Ordinance; � c. That said permittee shall pay the costs of administration, engirt- eering, and inspectTon incurred by the Department of Pubtic Norks due to this undertaking, said costs are estimated to be a sum of • Six Hundred Dollars ($600.00) for each overhead pedestrian passageway notcd above and shall be accounted for under sr.par�[e Department of Public Works P�ojcct Numbcr(s) ; d. That said permittee shall furnish the Department of Pu6tic Works , • all documents of record for each overhead pedestrian passage+��y above, that are a part of the contract or incidental to its execution inciuding, but noC limited to, addendums, award of " contract, cantract amount, "as built" pians, tracings and tracings of shop plans; e. That said permittee shall construct each overhead psdestrian passage- way to the satisfaction of the Director of Pubiic uorks and in accordance with approved plans and specifications o` ihe Housing and Redevelopment Authority of the City of 5aint Pa�i , Hinnesota� said plans and specifications on file in the Department of Public �.'arks. . �- �:'� � -�:�.-- , , . • • ' N C R Zr � : � --. . _3_ ' ^ :��. _ � �`� � � Such construction shall be nade in strict cor�aliance with the �.xrican Association of State Highway and Trarsportation (?'ficials (�.ASHTO) Specifiea[ions, as ancnded, and the Uniform Quilding Codc and be authorized under a building permit issued by the Departc�ent of Corn�unity Services, Divis3on of Housing and Buiiding Code • Enforcem�nt; f. That said perrnittee and/or its successors in interest shall fuliy indennify� hold harnless, and defend the City of Saint Paul , its agents , officers �nd employees from any arid all damages, claims, losses, Judgments� suits or expenses anu on account of atl claims � of �hatever nature far inJury to person(s) and/or property arising ' out of or conn�cted wtth the construction, erection, maintenance� operation and/or removal of each overhead pedestrian passagc��ray hereunder; and that supplemental to a11 otf�er obligations � on their part, Jointly and/or severally, hereunder, said permittee and/or its successars in interest 3ha11 furnish and rr.aintain and pay atl . .prerniums and othar expenses therefor, Casualty" lnsurance Coverage, with a duly licensed Casualty Insurance Company to fhe ,extent of $500,OOQ.00 for injury to any person and/or perso�s in any single ' incident, and to the extent of $200,000.00 for da�age to property in arsy single accident, irdemnifying the City o` Saint Paul against liability on aceount o` �:' �� clains of third persons for injury to person(s} and/or property arising Tron or connected with the con- '� struction� erection, maintenance, operation �and/or removal of said structures hereundet, at ali tines, and to furnish co:�petent :edidence . of said coverage, from time to time, to the Director of Finance and Hanagement Services of the City of Saint Paul ; g. That said pernittee shall not proceed wlth construction unless and until said permittee shall have ful,.ly conoiied wi�h the �rovisions regarding insurance and indemnification contained in the City of . Saint Paul , Departme�t or Public 1lorks "Standard Supplementa} Speci- fications for Nighway Construction", dated June 1 , 1978, Section numbered 1305.2. For the purpose of this Ordinance, the a`oresald Section of said Specifications �shall be read as though the word "permittee" was substituted for Che word "contractor" wher�vr.r s:►me appears therein. Sectlon 1305.2 of the Oepartment of Public Works, City of Saint Paul "Standard Supplementai Specification5 for High- r�ay Construction" dated June 1 , 1978 is hereby incorporated herein • -- by reference as fully and as completely as Zf set forth herein verbatim. � h. That said pe mittee and/or its successors in interest , shali ar:,ong other things, at their own cosi and expense make adequate and effective provisions therefor and drain all moisture, rain and snow whIch shall accumulate thereon by proper devices Lhrough each over- head pedestrian passageway and in a manner so [hat the flowinG andl or spilling of same on any part of said sections of said Public Streets shall be prevented at all times. Said pernittee and/or its : � -4- ' ,' �G 4��;J;�.�. . � : successors in interest shali r,,aintain and o�erate each over- head pedestrian passageway at its sole cost and expense in a safe condition for pedestrian tr.avel , such rr,aintenance to include, but shail not be limited to, glass, floor� r.,etal trim, and hard- ware cleaning� polishing, and replacement ; roof rr,aintenance; repainting; light bulb replacenent and light fixture cleaning; and • � the suppty of heatzd and cooled air within eacf� bridge to raintain tenperatures comparabie to that normally maintained within heated and air-conditioned office spaees; i . That �ai.d pernit�ee and/or its successors in interest sha11 , at •all times, construct and naintain a11 of the supports of each overhead pedestrian passageway noted above entlrely wlthin the lines of the subject private �eai estate and er�tirely wtthout publtc street rights-of-way; j. That said permittee shall notify the TraffIc Bureau of the Depart- ment of Public Works if the construction or maintenan_ce .of each - overhead pedestrian passageway shall make necessarY the closing of + Ninnesota/East Sixth Streets or any part thereof;all expenses • incc.�rred by the 7raffic Bureau tn furnishing, installin rroving barricades, signs, and other control devices shall be re- by the permittee, paid -� k. That said permittee and/or its successors in interest shall not use . any part of either overhead pedestrian�.passageway for any advertise- m�nt or display purposes � without the written consent of the City of Saint Pau] and tE�e applfcation thereto af any advertlsing r;aterial � or display shalt be deemed prohlbited by this Ordlnance; 1 . That said permittee and/or tts successors in interest shali � at ail . _ pertlnent tic,�s, 1n the constructi�n, maintanance", and°operatton'of '�� each oyerhead pedestrtan passageway hereunder vertical clearance of at least 17 feet 4 inchespbetwcenaand`�through- out the eourse of the bottom o� each structure and the surface of each section of Minnesota/East Sixth Strects� except as rtiay be altered by the CJty's future street +�ork En each �ase; m. 7hat said permittee expressly agrees to cor,p2y Nith Chapter 216� of the Satnt Paul Leg151ative Code� as ar.,ended� pertainl�g to street , _, obstructlons; n. That sa(d permittee and/or its succes5ors in Tntcrest shali ca-,alete the construction and erection of each overhead pedestrlan passage- way by not later than one (l) year after corrr.�ercem•_nt of const�uctlon, Said eomrnencem�nt shall be evidenced by Publ �c tlorks' receipc of a written notification thereof, and shatl be dated thercin� as further provided for und.er Paragraph (o) beloti,r• � , - .... .�... ... . .._.... . ........ . . . . .. .. . . . . . . . ... . .. ... . . ... ....... _:.. ... . . ... . ..,.. .., .:-.w.... .. � �'�� ( / : . , �5� • ♦,,,///��+V �=;'`"�r ,� ` A '�j.•�✓ o. That said permittee shall notify the Ci ,y ?ridge Engineer o` - the Department of Pub) ic Works before and w•h�n construction starts and notify the same said Bridge En,ineer w;�en construction has been conpleted to a11ow for a final inspectio� of each over- head pedestrian passageway hereunder. � � p. ThaL each overhead pedestrian passaoeway shail be rer,�oved by and at the soie cost and expense o` said permittee and/or its successors in interest whenever the Council of the City of Saint Paul shall by ResoluLion determine such removal necessary in the public interest and accordingly order, the removal of either structure from said location; . q. That said permittee shall , within the period af ten (10� days after the publieation of this Ordinance, file witf� the City Clerk its written acceptance of this Ordinance and agreenent to be bound by all the provisions, terms- and conditions thereof without _ limitation which wriLten instrument of acceptance and agreenent - shall be in the form approved by the City Attorney+ r: That upon the execution of an Agree.�ent by and between the City of Saint Paul ,"the Housing and Redevele�^snt Autharity of the City of Saint Paul , Minnesota, and the applica�le buildi�g/property or.ners � respecting the aforesaid pedestrian passzee�.;ays noted above, the -� . pernittee, the Housing and Redevelopnent Autharity of the City of . Saint Paul , HinneSOta shall be relieved of any furthe; obtigation . under the terns of this Ordinance, and tne successors in interest - � of Lhe permittee� the appiicable bulldingfproperty owners � sha1T be � responsibie for paying the insurance premiu^�s of eacn overhead pedestrian passageway cannecting their buitdings and shal ] also be responsiE�)e for providing the maintenance and o�eration of same: s. That upon th� Housing and Redevelopment Authority's conveyance of 1ts obtigatTons under the terms of this Ordinanca to the abovt successors ln interest, said permlttee'S successors tn interest shall furnish and deliver unto the City of Saint �au3 a Surcty Bond in the a:-�ount of Fifty 7housand Do113rs ($50��00.�0) for r.ach ovr.�- head pedestrian passagcH�y (bridge) hereundcr, m.ide 3nd execuced by said permittee's successors in interest as Pri�,cfpal , and a Corporate S�rety Company duly authorized to transact busfness in the State of .. Ninnesota as Surety, to and In favor of thc Clty of Saint Paul as obligee� condttioned upon the pe mittee`s successors in interest complying with the terms and condltlons of this Ordinance and also conditioned that, tn the event the perntttee`s successors In tnterest fail to maintain or repair each overhead pedestcian passagc�+ay to a reasonable standard of safety� or fail to rcnove eTther overhead pedestrian passageway hereunder upon order by the Council � the City of Saint Paul may undertake the nain[enance� repair or rcr+oval thereof and may recover its reasonabie cost incurrcd thereby from said surety, which Surety Bond 5ha11 r�raln in fuli forc� and effect as long as each overhead pedestrian passageway or any part thereof re.,,ains 1n that portion of public rights-of-way as shown on plans on file wJth the Depart- r�nt of Pubiic �lorks. 7he Surety fiond shall be in such form as shall be r�ie IV U. " ; , ' __�/ 1�j��,�lZ��Z�i e Ordinar.ce N 0. _ � ��/� � / - ��°nted By " � �- � Referred To Co:nmittee: Date � Oui of Conmittee By , Date _. -6- ' . approved by tf�e City Attorney, and shall. have• such surety as shall be approved by Lhe Director of Finance �nd N�anagenent Services; . t. That said permittee and/or its s�.,ccessors in interest shali submit proposed plans and specifications to the Department of Public Works for. revtew and approval of any intended structural repairs or major rr,aintenance work on each bridge, before any such work is carried out. Upon completion of such structural repairs approved by the Oepartnent , . , of ,.Pub1.iG Works, pernanent reproduci.ble tracings� shall be furnished ' � the Department showing the work done and marf:ed with any "as built" . _ changes, as weil as reproducibte shop drawing tracings of the same; u. That the successors in interest to the permittee in each instance shall submit the necessary insurance docu�:,ents to the Office Engineer � _. of the Departnent of Public Works. 7he C�rice Engineer in turn shall • submit said �+ocuments to the City �ttorney of the City of Saint Paul for review and, if said insurance is sufTicient, said documents shall . , be filed with the Director of Finance b Hanagement Services of the . City of Saint Paul . . Section 3. That this Ordinance shall take effect and be �n force thirty (30) days from and after its passage, approval and publication. . COUNC,IL-hir;�' s , O� Na},s � Requestcd by Dcpartmcnt oE: �,4ct;,�H •��T-' � Pub 1 i c �'orks .}}�.,�-,-- [n Favoe � � � . ` Hun. � �� '�l..L�� . I ,� . L�..�C l, � . Levine Against BY biaddox Donald E. Nygaard� DirecSor�(TJE�RAH) Show��• . esco ' Q Fom Approved by Ci Atca:ney � d by Coun �: Date ��' i � �_.�9 �� '"� . ` , ed ed by our%' Secretar � By _ i �!'\,/�� , � , � � ',` .. ^, I ; f � . � � � .r.l, l .� IJ{.: r'�ed by h!ayo:: I}ate '• App o� by t'.ayo: for Su�r^iss�o� t Counci! �' �'''��}�, -�� ...-._ . ' ,� ,��, .. . ��--%'� � _ ,�>� } -- �'+ �.'1. � g y `�t,� �u1 i� I�1 �' �t(• , � �----� �-•� �_ � t �1�i-�''`�}'� '�`..1. � � �� I � .. .. .. • . : 11 . .-.. ! —�� ' �:. �" •'� 1 �2 ' — z'�: �� cn - 1 , r� � , y - � (.,') ' t+"":l t ,-'}:':1 ; --7��_ ;� � � �� -_.,...r..:'� �,. :-t EI r ` M r`-` ._..�.._. i � � ��t.li �i------��_ �`�:%:.:-.�, �•.� �h� _ (_. �./�1 � � � �t�`y! ! _ _. _ _ i i � � � -^ ,� N � � --- - - —�_,,. �'-• -• �.. _. . i .�~ �7 �. '� K'� -'�'w---•---�-- _ I ./ _ �� _ - � ' , O �a�' --1 ( � --1 �� O � rn �r � .�;� -� i d � oa -_-_�,*`"� un . u � � .. I , �=_ � �T .d� .�.::: .r � +:=� � -- . �;',� - - - � �`�"� ,n�:; �;;: :�E� �rn �- � �;�` .. . 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(/� � � T� I � �'�� e / �T � (� � . . �:_. e( .��• �f 'M �. Q� (D � "'�� . i� � _. � fn � ^ __ � . .. -•' t tJ (i> �►.�..� ?r + � , _�,_. � �a rn� - ��.-- ��==� _. �+ * �� `�_�.J -. �, � . � r� � r � ._.. � �._ � � � �-----�"��--' a r+ , -� . _ . ,. , - � �..� . ., , � f ; i7 d '� � , � _ + � � .-_.. I , � � � � c� . ■ o r � I o � � • '+� i � z - . � -o _,t,. �rJ � I -� �� ; ' ,r � . . ►v . _ _ ; � • i D - __ � � I `� , z - I ( � ,, �1 � I ' � - . � �.J rn � � �� ' r " � � s cn • � i � c : , , � �� ' '� - - - - - � �' !�=: `y' � rn _ ,' � , — - - -- — - - — - - - ; I r / Minnesota Stree� ' ' , , , , , , � __ ___. __.___ ► _r;: � .:{`35,-_-: � ' � � ' ` � � rn _J. . 3 . rn ') �� _ o � ,J rn � . � l � � ; ., � � rn 3 m � • � C � r c� z _. _, ;_..T; � r-. x -- - = i � � � .=. � � i � T � _ � rn � _ d ""--� rn z � a � r- �- ---► { � � i ° .. GRANT OF E�SEMENT . WHEREAS, ANB REALTY CORPORATION, a Minnesota corporation, is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of tiSinnesota, more particularly described in Exhibit 1 attach�d hereto, hereinaf ter called "Grantors' Property", and AMERICAN NATIONAL BANK AND TRUST COA�IPANY, a United States banking corporation, is presently a lessee of the Property #rom ANB Realty Cor- poration, and American National Bank and Trust Company is sublessor of the Property to A. C. CLASEMAN & ASSOC., INC., a Minnesota corporation, as sublessee, all of whom are collectively referred to herein as "Grantors'; and WHEREAS, Grantors have agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, Nlinnesota, the City of Saint Paul, Grantors, Bremer Towers, Oxford Development lvlinnesota, Inc., and St. Paul Joint Venture, to grant to the City of Saint Pau! a puhlic easement for purposes of pedestrian ingress, egress and transit through Grantors' Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". NOW THEREFORE, in pursuance of that Agreement, and in consideration of the sum of ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantors, for themselves, their respective successors and assigns, do hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for the use and benefit of the public for public pedestrian ingress, egress and transit in, through and over the Property and the structures thereon, described as follows: all of which above described areas shall be collec�ively referred to as the "easement area". The easement area is expressly herein to be subject to such reasonable poliee measures regarding open hours and closing any part or all of the easement area within, on or over - Grantors' Property, and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public's right herein to ingress and egress and pedestrian transit in and through the easement area grant to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closing part(s) or al! of the easement areas within or on Grantors' Property as the City of Saint Paul may, by agreerrient with the Grantors or their successors or assigns, frorn time to time determine. This provision shall not diminish City's right to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours, or temporarily closing part(s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict the City's easement interest, but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's easement during the hours so agreed or legislated. Grantors reserve unto themselves the unconditional right and privilege of selling, conveying and transferring the Property described above or any interest therein to any corporation, corporations, trust, trusts, individual, partnerships, or other form of venture. In the event of transf er of the Grantors' or any one of them of its interest in the Property, the Grantors (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of Grantors (seller) cantained in.the aforesaid Agreement thereafter to be performed; provided that Grantors' successor fully and without limitation assumes in writing all duties, responsibilities and covenants of the Grantors thereunder and hereunder. EXHIBIT D 2 �_ . - The grant of easement herein shall be subject to the right of the Grantors 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 Grantors, and, on the f�.:rthec condition that no change in the easement location shall be made without approvai �f the Housing and Redevelopment Authority of the City of Saint Paul, Nlinnesota, its successors or assigns, and the City of Saint Paul, such approval not to be unreasonab!� withheld, and on the further condition that said new easement shall be surveyed and described by a registered land surveyor at the expense of Grantors. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of the improvements constituting the System and shall terminate upon the happening of either of the following events: A. In the event the easement granted herein is vacated, abandoned or terminated in the manner permitted by law. B. In the event the building(s) in, upon or over which the easement area is lacated � 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, in substantially the same location, Grantors, their successors and assigns, agree that, without further consideration, a suhsfiitute 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 fumish a release of such easement or portion thereof to Grantors, their successors or assigns. Grantors, for themselve�, their respective successors and assigns, do hereby agree for and during the life of said easement, Grantors or their designee by separate agreement, shall be responsible for and provide for the cost of all repairs, operations, improvements and replacements of the easement area as described herein, it being understood tnat the aforesaid covenant shall run with the land. � , , �,• � 3. . - _ TO HAVE AND TO HOLD said public easement for pedestrian ingress , • egress and transit until the System is vacated or aba:�doned in the r.,a:�ne� permitted by law, or terr,iinated in accordance nerewith. ItJ WITNESS irr'�?EREOF, Grantors have tzereunto set tl:eir hands this day of , 19 ( S E A L ) AMERICAN NATIONAL BANK AND �RUST CODiP?utiY BY � Its By � Its ( S E A L ) ANB REALTY CORPORATION By Its Ey Its ( S E•.A L �). , A. C. CLI-�SEMAN & ASSOC. , INC. � By Its By Its TFiIS INS^1RUNiENT WAS DRAFTED BY : ' 4 . +�� ►�� , . � STATE OF N.INIvESOTA ) . ) SS. ; � COU\TY OF RANiSEY ) . On this . day of , 19 , before me, a h'otary Pu:nlic within and for said County , appeared and , to me personally nok�n, wno, eing eacn ' by me cu y sworn, aia say that they are respectively the and � of A.C. CLASEN'�A_►v & ASSOC.�, II�C. , a Minnesota corporation, t• at sai instrument was signed by authority of its Board of Directors, and said • and �� acknowZedged that sai instru.*nent was t e . free act and ee o sazd 'corporation. STATE OF MINNESOTA ) ) SS. - C�OUNTY OF RAMSEY ) ` � On this day of , 19 , before r�e, a Notary Public within a—�-for said County, appeared and ' , to me personally� .nown, w o, eing eacn �y me du y sworn, i say at they are respectively the and of �TB R:AI.TY CORPORr'1TION, . a Niinnesota corporation, at sai instru.-:Zent was signed by authority � of its Boa.rd of Directors, and said • and acknowledge t at sai instru.�ent was the ' ree act ana aee or s�a.a corporation. STATE OF MINNESOTA ) ) SS . COUNTY OF RAM.SEY � ) On th is day of , 19 , befor� me , a Notary � Public within and for said County, appeared and , to me personally nokn, wno, eing eacn by. me au y sworn, az say that they are respectively the and o.f the ?�.•.L�. � ATATIOi�AL HANK AND TRUST COMPANY, a Unite States anking corporation, th at said instrument was signed by authority of its Board of Direct�rs, and said and acknowledged t at sai instru.-nent was t e ree act an aee oz sa�.a banking corporation. . ,� r � - � 4. I:`SURANCE " The contractor shall furnish proof of insurance directly to the City Attorney prior , to commencing work. The contractar shall hold harmless and defend the City, where applicable, against any and all claims for property damage and claims for injury to or death of one, or more than one, person, because of accidents which may occur or result from operations under the contract. The contractor shall pay any judgment against the City resulting from any such suit. The City shall .have the right at its option to participate in any such litigation without relizving the contractor of any of its obligations. The contractor shall carry the following insurance naming the City as a co-insured thereon: A. Contractors Public Liability Insurance with limits of $SQ0,000/$500,000 . naming and protecting the contractor, all subcontractors, against ciaims for injury to or death of one or more persons as a result of accidents which may occur at the site from operation under the contract. B. Froperty Damage Insurance with limits Qf $150,000/$300,000 C. Workmen's Compensation Insurance in compliance with the Laws of the State of i�iinnesota. D. Automobile Insurance, including o�vned, hired and non-owned vehicle coverage limits of $100,000/$300,000 bodily injury and $50;�00 per occurrence property damage. , � EXHIBIT E-1 1 � 6 I:�SURAI�'CE . ��ioaify Section 4 of the General Conditions, as follows: . a. Insert the following after City: �� . "and Hammel, Green and Abrahamson, Inc " � b. Paragraph B: Property Damage Insuranc�. Delete this portion of the paragraph in its entirety and insect the following in its place: "Property Damage Insurance in the amount of not less than $500,000 for all damages to or destructian of property in any cne accident, and subject to that limit per aceident; further subject to a total of not less than $1,000,000 for all damages to or destruction of property during the policy period. c. Paragraph C:, The Builder's Risk Insurance shall be for the benefit of tne Contractor, the City of � St. Paul, the HRA and the abutting praperty owners as their interests may appear in the value of the cost of the work under this contract, and each shall be specificatly named in thz policy or� policies as an Insured; or at the Contractor's option, a Blanke�t Owner's Protective Policy covering all Owners (including adjacent building owners} may be provided in lieu of the above Builder's Risk Insurance and the City of St. Paul Uniform Certificate of Insurance. d. Add the following after paragraph D: E. The Contractor shal! also cause to have executect the City of Saint Paul "Uniform Endorsement" required by thz Saint Paul Legislative Code, as amende�. This form can be obtained at the service desk on the 6th Floor of the City Hail Annex. EXHIBIT E-2 0 r _ -..p ' ' � CIfi�Y" �F S.A.I::LVT P.�UI. ,� _�� OFF'ICE+ O�F THI: GITY CflIINGZL 'A �� e��m�^ •�uavia''�� . . . �=�4��,- � . . . . :- _ Dd t� ; June 27, 1980 C 0 M iV8 I7°`�E � R � F� 0 F�T TO : Saint Paul City Council FRON4� � Comrr�it�� an FINANCE, MANAGEMENT & PERSONNEL George McMahon , chairman, makES the f�l Iowing a-eport on �. �'.. � dr-dl�hanG� ' (1 ) [� F�esoiutiort ❑ Other T i T L E : Ci ti zen Parti c�pati on Di stri ct Budgets for the Peri od of July 1 , 1980 - June 30, 1981 . The Finance Committee, at its meeting of June 26, 1980, recomriiended `. approval of Mayor's recommendations for 1980-1981 Citizen Partici.pation budgets. 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