01-1276Return copy to:
Real Estate Division
140 City Hall
���C�I��`�€_.
Council File # p � +�
Green Sheet # 11\SL �
RESOLUTION
Presented By
Referred To
,INT PAUL,�ESOTA
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Committee: Date
i WHEREAS, in 1995, the City approved an agreement suspending public access to a stairway, which provided
z access to street level from the skyway system, in the building at 340 Cedar Street; and
a WHEREAS, said suspension was contingent on Capital City Ventures, the owner of said building, developing
s the 1 floor of the said building as an open air restaurant; and
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� WHEREAS, the said Capital City Ventures has subsequendy deternuned that an open air restaurant is not the
s best use of the said 1 floor;
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io THEREFORE BE IT RESOLVED, that the proper City officials aze hereby autharized and directed to amend
ii the said agreement to allow Capital City Ventures more latitude in the development of the said 1 floor.
Requested by Department of:
Technoloev & Manaeement Services
By: / ����D � �a�
N�
Director
Adopted by Council: Date �...� _ 1� � o«�
Adop Certified by Councii Secretary
By: V� •._-- � �- � � - —
Approved by Mayor: Date J�'J �q�l��
By:
Form Approved by City Attorney
By: rt1 � '
Approved by Mayor for Submission to Council
B:
T.M.S./REAL ESTATE DIVISION, Date: November 14, 2001 Green Sheet Number: 111561 '
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Confact Person and Phone Namber. ���, fi �,�,, ; � �.= 2 DEPARTMCNT DIRECPOR 4 CTfY COI7NCII.
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Dave Nelson � � 66-8850 ; �`�° " ;" ��' A'�'o� � ��
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� .� BODGETDIItECTO OFF[CEOFF3NANCIALSVCS.
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Must be on Comcil Agenda by: ` °�
�..-..� �.. 3 MAYOR(ORASSLSTANT) REALESTATEDIVLSION
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TOTAL # OF SIGNAT[TRE PAGES 1 cc�ar a�. LocnTTOtvs Fos sicivnlvxs?
ACITON REQUESTED:
To approve an amendment to a skyway suspension agreement suspending public access to a
stairway that wonld otherwise be part of the skyway system. Ref: l. Resolution for
consideration; 2. Sampie copy of amendment; 3. Drawing showing location of stairway 4. Copy
of agreement to be amended.
xecomme,wwnors:weenove w>oR ne,�ecr m> PERSONAL SERVICE CONT'RAC"CS NNST ANSWER TfiE FOLLOWING:
1. Has the persodGrm ever worked under a conh�act for this deparhuent? YES NO
PWNNA'GCOMMISSION A STAFF
� 2. Has this persoolYirm ever 6een a City empluyee? YES NO
CIVQ, SERVICE COMMISSION
3. Does t6is persodfirm possess a slrill not normally pwssessed by any YES NO
current City employee?
cm Commi�rree
E lain aIl YES answers on a se azate sheet and attach.
SUPPORTS WHICfi COUNCII, OBJECTIVE?
COUNCIL 2 DLSTRICT PLAI3NING COL3NCII. 1'�
ARD(S)
IIVITIATING PROBLEM, ISSUE,OPPORTUNiTY (Who, What, WLen, Where, Why?):
The original agreement, executed in 1995, required the building owner to operate an open air
restaurant on the �rst floor. The owner has subsequently determined that a installing a
restaurant would not be the most appropriate use of the space. However, he does intend to find
another use that will require keeping the stairway closed.
ADVANTAGES IF APPROVED:
The requirement wiil not so narrowly de�ne the use for which the space must be developed.
�-- — — -- �
DISADVANTAGES IF APPROVED: � ����� V E D
Coear�l ����r,h G�nter
None
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DISADVANTAGESIFNOTAPPROVFD: �� �j��� A T TOF�I�F�Y
The stairway would have to be opened to the public, diminishing options for development oi tiie
area. � ' _ �
__ . ._ ____ _-----_ .. __d.�
TOTAL AMOUNT OF'CRANSACTION: �O.00 COST/REVENUE BUDGETED (CIRCLE ONE) � YES NO
�sre soucicE: N/A nc�� rran�Ex: N/A
FINANCIA.L INFORMATION: (EXPLAIN)
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FIRST AMENDMENT TO ACCESS SUSPENSION AGREEMENT
This Amendment to Access Suspension Agreement (the "First Amendment") was
made and entered into to be effective this day of , 2001 by
and between the City of St. Paul, a Minnesota municipal corparation (the "City") and
Capital City Ventures, LLC, a Minnesota limited liability company (the "Owner").
RECITALS
A. The parties entered into a certain Access Suspension Agreement (the "Access
Suspension Agreement") to be effective on or about May 26, 1995, a copy of the
Access Suspension Agreement being attached hereto as Exhibit A.
B. The Accass Suspension Agreem.e�it referred to a contemplated use of the street level
of properry owned by tt�e�'�ner as a outdoor dining facility (the "Street Level").
C. The Owner has determined that the use of the Street Level for purposes of an outdoor
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dining facility may o�tia`�y not be a viab1e or desirable, or even appropriate use of the
Street Level, and tha`f�the��use of the Street Level may require the enclosure or other
development thereo£
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D. The parties agree tha�t rn order to further induce the Owner to make use of the Street
Level, that the Access Suspension�Agreeme�tshould be amended further to suspend
public access by and between the sky�va�'�ystem and the Street Level.
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E. The Ciry reaffirms the recital i� �the Aecess S�s�iension Agreement that the public has
adequate alternative access"'to the.,���ay system through various other points of
entry and e�t.
NOW THEREFORE, the parties agree as follows:
The foregoing Recitals are true and correct and hereby made a part ofthis First
Amendment.
2. The City hereby suspends the right of the public to have access to the skyway
system through or from the Street Level and the right of the public to have access to the
Street Level from the skyway system. This right of access shall be suspended far so long
as the Owner is:
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a. Marketing or advertising the Street Level for use or occupancy; or,
b. Actively using the Street Level (which shall include the period of
construction of any development thereon)
The suspension of access shall continue until such time as any such use is permanently
abandoned by the Owner. (Forpurposes ofthis First Amendment, allowing the Street Level
to be all or partially vacant on a temporary basis shall not be considered to be a"permanent
abandonment"). The City's agreement to suspend access to the Street Level shall not be
interpreted as prohibiting the Owner or other occupants of the Street Level, or their invitees,
from having access to and from the skyway system through the vertical stairwell currently
in e�stence.
3. Except as otherwise specifically stated herein, the foregoing of Suspension of
Access by the City shall not modify, suspend, or eliminate any of the Owner's obligations
contained in the Skyway Agreement (as defined in the Access Suspension Agreement)
including, but not limited to, the Owner's obligation to maintain and repair the pedestrian
concourse and skyway bridge improvements.
4. This Agreement may only be modified or amended by written instrument
signed by all parties hereto. This Agreement sets forth the entire agreement and
understanding of the parties with respect to its subject matter and supercedes all prior
negotiations, understandings, and agreements whether written or verbal. This Agreement
may be executed in counterparts.
CAPITAL CITY VENTURES, LLC
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Its
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CITY OF ST. PAUL, MINNESOTA
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Mayor
By
Director, Department of Finance and
Management Services
By
Director, Department of Planning and
Economic Development
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ST, PAUL ATHLETIC CLUB�
Fourth Street
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OcY-23-:-0O1 11:14 From-PETERSON FRAM BERGMAN
6512281753 T-032 P.0�6/009 F-60B
ACCE88 SII8PEN8IO2i
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This Access Suspension Agreement ("Agreement") is made and
entered into as of this_7�!� day of _ /y/y�f , 1995 by and
betveen the City of Saint Paul, a Minne ota munioipal corporation
("City") and Capital City Ventures, LLC, a Hinnesota limited
liabi2ity company ("Owner").
W I T N E S S E T H:
WHEREAS, Owner is the owner of certain real property located
at the northeast corner of Fourth and cedar Streets in the City o£
Saint Paul, Ytamsey County, legally descr�becl on Exhibit A to this
Agreement (the "Property"), which is improved with a building
commonly �cnown as the St. Paul Athletic Club (the �'Building"); and
WHEREAS, City and owner, together with the Housing and
Redevelopment Authority af the city of Saint Paul, Minnesota (the
"HRA") are parties to an Agreement dated as of /hiy a� , 1995
pursuant to which Owner restated a grant of easement in favor oP
City with respect to construction and maintenance of a skyway
bridge and pedestrian concourse system for the use and benefit of
the public as part of the City oP Saint Paul skyway system and
reaffirmed certain obligations o£ Ouner with respect to repair and
maintenance o£ said skyWay bridge and pedestrian concourse; and
WHEREAS, owner intends to develop an outdoor dining facility
on the street level of a portion of the Property; and
WHEREAS, Owner is unwilling to commit the necessazy time and
money to develop such an outdoor dining facility unless public
access to and Prom the street level of the Property to the skyway
system and to and from the entrance located an the skyway concourse
to the street level of the Property is suspended for as long as
such an outdoor dining facility is maintained; and
WHEREAS, the City, as an inducetnent to Owner to encourage
Owner to spend such time and money to develop such an outdoor
dining facility, is willing to suspsnd the right oP the public to
such access; and
WHEREAS, the City specifically finds that the public has
adequate alternative access to the skysaay system through various
other points of entry and exit;
NOw, THEREFORE, in
for other good and
sufficiency of vhich a
as follows:
consideration of the foregoing premises and
valuable consideration, the receipt and
re hereby acknowledged, it is hereby agreed
27sast . t
Oct-23-2701 11:14 From-PETERSON FRAM BERGMAN
6512281753 T-032 P 007/009 F-608
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1. The Poregoing recitals are true and correct and hereby
made_a part oY this Agreement.
2. City hereby suspends the right of the public to have
access to the St. Paul skyway system from the street level of the
Property and the right of the public to have access to the street
level of the Property Prom the St. Paul skyway system. This right
of access shall be suspended for as long as Owner is maintaining,
in season, an outdoor dining facility upon the Property, and upon
owner�s failure to maintairi or continue such an outdoor dining
Pacility, the foregoing right of access shall be automatically
zeinstated without need of further action or agreement. In
furtherance of the suspension of such right of access, �vner is
specifically granted the right to rekey and lock the staix�rell
doors at the ground level and at the skyway level of such access.
3. The foregoing suspension o£ access by City shall not
modify, suspend or eliminate any o£ OWher's obligations contained
in the Skyway Agreement including, but not limited to, obligations
to maintain and repair the pedestrian concourse and skyway bridge
improvements.
4. This Agreement may only be modified or amended by writteh
instrument signefl by all parties hereto. This Agreement sets forth
the entire Agreemerit and understanding of the parties hereto with
respect to the subject matter hereof and supersedes all prior
negotiations, understandings and agreements, vhether written or
oral. This Agreement may be executed in counterpart.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement as of the date first above written.
CAPITAL CITY VENTIIREB, LLC
By
zTSast.�
Oct-23-?001 11:14 From-PETERSON FRAM BERGlMN
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6512281753 T-032 P.0�8/009 F-608
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CZTY OF SAINT PAIIL� MINNESOTA
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Mayor �
By
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Director, epartment of
Finance and Management
Services
Director, epartment f �
Planning and Economic
Development
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Qct-23-2Q01 11:15 From-PETERSON FRAM BERGMAN 6512281753 T-032 P.009/009 F-608
ERH�BIT A
O� �\ iti'l�n
Property located in Ramsey County, Minnesota, le.gally
described as:
ParceZ 1:
Lot 8 and the Southerly 112 feet oP Lot 7, Block 19, St. Paul
Proper, according to the recorded plat thereof, and situate in
Ramsey County, Minnesota {Abstract) -.
Parcel 2: -
The Southeasterly 1/6 of Lots 5 and 6, Block 19, St. Paul Proper,
according to the recorded plat thereof, and situate in Ramsey
County, Minnesota (Abstract)
Parcel 3:
Lot seven (7) except the Southerly one hundred twelve (S'ly 112)
feet thereof, in Block nineteen (19), St. Paul Proper, according to
tihe recorded plat thereof, and situate in Ramsey County, Minnesota
(Torrens)
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