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98-1028i 2 3 4 5 6 � Return copy to: Real Estate Division 140 City Hall oR��Na� ESOLUTION F AI[�T,�AUL, MINN�Cy'�A Pruented &y Referred To Committee: Council File # �LQa.� Green Sheet # �e 30��{ tS WFIEREAS, Various documents relating to the Town Square Pazk required properry transfers between the owner of Town Square and the City, and WHEREAS, These property transfers have been completed, now therefore be it RESOLVED, The proper City officials aze hereby authorized and directed to execute a Modification Agreement, a copy of which is attached hereto and incorporated herein by reference. � Adopted by Council: Date Adopi� Certified by Co By: � . Approved by Mayo : te By: Requested by Department of: Technoloev & Manaz�ement Services B �� `l/2��" �tC_.-� Director Form Approved by City Attorney By: �i'l.:e�'�-e ��GVVi^U� /rs-lL-9�P T.M.S./REAL ESTATE DIVISION Date: October 9,1998 Green Sheet Number: 63004 ontactPersonandPhon Numbe 2 EPAR'A'MENT R/a� CTfYCOUNCII. ��'Q Peter White 266-8853 1 A' �,I �, 6 �' UDGETDII2F,CIOR FFiCEOFFSNANCIAi.SVCS ust be on Couucil Agenda by: 3 YOR (OR ASSIST 4 oaneil Reseacek OTAL # OF SIGNA"TLTi2E PAGES 1 �ci,8 nr.L Loca�rsoxs �ox sic � CTION REQUES'CED: Execute a Modification Agreement between the City, the owner of Town Square and the fIRA ONASENXIAIIONS:AYPROVE(A)ORRP.dECt'(R) �aNALSERVICECON'CAACTSMI7STANSWER'1'HEFOLLOWING: 1. Has the persoNfirm ever worked under a contract for this department? PES NO PIaNNINGCOhA9SSION A STAFF . Has this persool6rm ever beeo a City emptoyee? YES NO CIVQ. SERVICE COhD�USSION . Does this person/Lrm possess a skill not normally possessed by any XES NO current Ciry employee? CIB COMNIl'ITEE Explaiu all YES auswers on a separate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? COUNCILWARD(S) Z, DISTRICTPLANIVINGCOUNCIL 1^� OVITIATING PROBLEM, ISSiJE, OPPORI'[JNI'I'Y (Who, What, When, Where, Why?): Certain provisions in various documents egecuted by the City, the HRA and the owner of Town Square required the owner of Town Square to dedicate certain property interests to the City. These interests have been conveyed so that the provisions no longer apply. The owner of Town Square, currently K/B Fund III, has requested that the agreements be modified in orc�� eliminate those provisions and thus clear the title. OCT 3 � 8998 VAN'1'AGES IF APPROVED: . �� (�.� Clears up any title issues and/or confusion on the Town Square and Town Square Park property. ISADVANTAGES TF APPROVED: NO11C ISADVANTAGES IF NOT APPROVED: Potential title problems remain with the property. OTAL AMOiJNT OF TRANSACITON: $N�A COST/REVENI7E BUDGETED (CIItCLE ONE� YES NO DING SOURCE: ACTIVITY iVOMBER: TNANCIAI. INFORMATION: (EXPLA7� �^uZF � �? .�t, z°;r,��2' � i.t.y;:�"u ta ,�. s 4�.T � � �� > 7/l5 �9'S MODIFICATION AGREEMENT �l8" ��Z� THIS AGREEMEN'I' is made by and among K/B Fund III, a Delaware general partnership ("Town Square Owner"), the C'sty of Saint Paul, a Minnesota municipal corporation (the "City"), and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a body politic and corporate organized and existing under the laws of the State of Minnesota (the "HRA"). Town Squaze Owner is the owner of property in the city of St. Paul, Ramsey County, Minnesota, legally described on E hi it A attached hereto, commonly known as Town Squaze. Town Squaze was developed by the predecessor in title to Town Squaze Owner in 1479, and subsequently, a portion of the common azeas of Town Square were transfened to the City. The top level, or the "Loft Level," of Town Squaze is owned and used by the City as a city pazk. In 1996, the Concourse Level common azeas and the common areas on the next two levels, for a total of three levels of City space, were sold by the City to the Town Square Owner. Some of this space has been redeveloped for office use, and the common azeas have been reconfigured. The City has retained titie to the top level, or the LoR Level, for use as a city pazk. As part of the consideration for transfer of the three levels of common azea of Town Squaze to the Town Squaze Owner, the Town Squaze Ownex agreed to dedicate to the City easements on the first and second levels for skyway use and for access to the city pazk. The skyway easement has been executed and recorded in the Office of the Ramsey County Regisnaz of Titles as Document No. . 23umerous documents have been recorded regarding the transfer of title from the Town Squaze Owner to the City, and regazding the easements and relationships beriveen the Town Squaze Owner and the City, some of which aze no longer applicable. The Town Squaze Owner, the Ciry, and the HRA, who is also a pariy to some of the agreements regarding the City space in Town Square, desire to amend those documents to reflect the change in ownership and usage of the property. In consideration of the covenants herein, and for other good and valuable consideration, the receipt of which is hereby acimowledged, Town Squaze Owner, the City, and the HRA agree that the documents recited below ate hereby amended as described. 1. Document No. 1078945 is hereby modified to limit the benefit of the easements to the Loft Level. 2. Document Nos. 2036809 and 2109631 aze hereby modified to delete the requirement that the Town Square Owner convey property to the City. 3. Document Nos. 2015377 and 2015378 aze hereby modified to delete the requirement that the Town Square Owner dedicate the common azeas (known as the "Galleria") to the City. °l$'t°''� ..; IN WITNESS WHEREOF, this Modification Agreement is executed as of KB FI7ND III, a Delaware generai partnership By K/B OPPORTT JNITY FUND III, L.P., a Delaware limited partnership, Its General Partner By KB OPPORTUIVITY INVESTORS, a Califomia general partnership By KOLL INVESTMENT MANAGEMENT,INC., d/b/a K/B REALTY ADVISORS, a California corporation, Its Generai Partner � Its CITY OF SAINT PAUL By Its By Its Approved as to form: By Its �� i�'�� Assistant City Attorney iv-rz -� y Fa �[�'►°� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL By Its B Its Approved as to form: By Its Assistant City Attorney STATE OF ) ss. COUNTY OF This inshument was executed before me on the day of , 199_, by the of Koll Investment Management, Inc., dlbla K!B Realty Advisors, a California corporation, general partner of KB Opportunity Investors, a California generai partnership, general partner of KfB Opportunity Fund III, L.P., a Delawaze limited partnership, general partner of KJB Fund III, a Delaware general partnership, on behalf of the partnership. Notary Public ad -�°'a STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was aclmowledged before me on '-- - ,and 1998, by the , and respectively, of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me on 1998, by , and the and respectively, of the Housing and Redevelopment Authority of the City of Saint Paui, a body politic and corporate organized and existing under the laws of the State of Minnesota, on behalf of the body corporate and politic. Notary Public This instrument dtafted by: Doherty, Rumble & Butler (CNIlV1) 2800 Minnesota World Trade Center 30 East Seventh S�eet St. Paul, MN 55101-4999 CMM 952843 agr 0 TOWN SQUARE Certificate of Title No. 378963 Document Pium ber 1. 2303431 (Pedestrian Concourse Agreement) AMEND PROVISIONS NOTED (Skyway) AMENDMENT PROV[SIORS 2. 1078945 (Limited Wamanty Deed and Easement Agreement) AMEND PROVISIONS NOTED 3. 1078946 (Easement to City) AMERTD AND REPLACE (Skyway) 4. 2606083 (Oxford/Tower Easement, Declazation} 5. 2145095 (McDonalds Lease) ELIMINATE 6. 2837675 (Financial Life Lease) RETAIN Provisions to be Amended ct� • �oa$ Q 5(Public easement granted to City over skyways in Pazcels A-2, A-3, A- 4); Q 8(Easement subject to City ordinances and codes); � 11 (Skyway bridge between Town Squaze and Northerly owned by Ciry); ¶ 16 ( Ciry may undertalce maintenance, opemtion and repair of easement if owner's dodt); ¶ 18 (Surery bond in favor of Ciry}; ¶ 19 (Owners maintain insurance) Conveyance of Galleria - concourse, street and skyway levef - to City; ¶ 2 (Duration of easemen[s); the following earements may not need to be amended because they benefit the owner ofthe Galleria Parcel ¶ II, 1 (Support easement benefrtting owner ofGalleria); ¶ II, 2(Utility earement); ¶ II, 3(Emergency egress); ¶ 17, 4(Lavatory easement); ¶ Il, 4 (Encroachment easement); ¶ II, 5(Encroachment easement); ¶!I, 6 (Freight elevator easement); ¶/1, 7(Temporary use earementJ; � II, 8 (Floor Coverings earement); 11, 9(Inspection easement); li, 10 (Escalator easement); 171, 1- 1! (similar to above, however, benefttting Commercial Parcel owner and adding # 8, Air, light, view); ¶ 12 (Concourse Ievel eating area e Pubiic pedestrian easement from Owner of Tract TT, Registered Land Survey 518 {Skyway level ha1( through Town Squaze from 7"' to Cedaz) to City of St. Paul Relates to Piper Tower; retain. Agreement does not involve City righu; Lease agreement for space and pedestrian access thereto. (Oxford as owner) Agreement dces not involve City rights; Lease of 23, 24, 25 floors of North Central Life Towec (Travelers Insurance Company as owner) 7. 2837673 (Kinney Shoe Lease) (Footlocker) I Agreement does not involve City rights; Town Squaze skyway leve] lease RETAIN of space in Suite 273. (Travelers Insurance Company as owner) 8. 2837674 (B. Dalton Lease) ELIMINATE 9. 2837672 (Ramsey Restaurant Lease) ELIMINATE 10. 20A3668 (Conditions re: vacated 8�') I 1. 2036809 (Deed - Covenants/easements 1�IRp) AMEND PROVISIONS NOTED (amended 2109631 - Certificate of Completion of Improvemenu) RETAIN 12. 1995801 (Deed of Conveyance with Covenanu HRA) (amended 2109631- Certificate of Completion) RETAIN Agreement does not involve City rights; Town Squaze skyway levet lease of space in Suite 201 (Travelers as owner) Agreement does not involve Ciry rights; Town Squaze lower tevel lease of space in Suite 134 (Travelers as owner). Public sidewalk easement,¶ 4, owner (Oxford) to provide lighting, public liabitity insurance Conveys to Oxford vacated 7'" and Cedaz Sheeu; conditions of conveyance aze that Oxford wilt conshvct building then convey to Ciry; amend to delete requirement to convey. Conditions of 2036809 aze met. Deed conveying Town Square from f{RA to Oxford; covenant for compliance with Redevelopment Agreement Certificate of Completion and compliance with 1995801 PhiIIA 545556 02 Document Number 13. 1995800 (Deed - Covenants/easemenu HRA) (amended 2086053 and 2109631) 14. 2043541 (Easement for Minnesota Street) 676066 / 1995801 1074198 653&94l2043668 653390 15. 2043668 (Easemenu) b76066 1074198 16. 2015377 (Easements) RETAIN 2015378 2043667 2043668 17. 2036819 (Subordination Agreement) RETAIN PhillA 545556.02 Provisions to be Amended Conveyance by HRA to Oxford for redevefopment; Q II easements burdening A-1, benefitting A-3 support, access to utilities,pedestrian passage through stairway, escalator and elevator and encroachment; ¶III easements burdening A-2, benefitting A3 foc pedes�ian access via concourse, bridge, and elevaton, and maintenance of eazement azea; � IV easement burdening A-4, benefitting A-3 for pedestrian access via concourse, bridge, and elevators, and maintenance of euement azea; Q IV easement burdening A-3, benefitting A-1 for ramp access from Minnesota and Cedar street and for construction and maintenance of building; Q V I easement burdening A-3, benefitting A-2 for pedeshian access over concourse passageway and bridges (and maintenance thereo� and for driveway connecting Minnesota and Cedaz Streeu and for air, light and view; � VII easement burdening A-3, benefitting A-4 for construction and access over enclosed rxo way driveway connecting Minnesota and Cedaz Sueeu and for pedes�ian concourse passageways in A-3 (and maintenance thereo� See No. 18 Certificate of Completion HRA dedicates grant to City far widening of Minnesota street See No. 12 Deed conveying Tract A, RLS 320 from HRA to City for puhlic street See No. 10 Vacation of part of Minnesota Street; utility easement retained See No. 10 See No. 10 See No. 14 HRA and City vacating East 7`" Place subject to sewer reconstruction, � sewer easement and dedication of Tract A. Amend to delete requirement to dedicate public galleria Same as above Widens Minnesota and Sixth Streeu SeeNo. t0 Subordination Agreement - Carlson subordinating security interest to Dominion Bank New York �� Document iVumber 18. 2086053 (Agreement) 19. 1995195 (Conditions/easemenu HRA) 2010588 20. 2092922 (Certificate of Completion) 21. 2Q93638 (CazLson/Oxford Lease) 22. 2093639 (Cazlson/Oxford Lease) 23. 2081773 (Su6otdination Agreement) 24. 2120502 (Subordination Agreement Supp. No. 1) 2140685 (Subordination Agreement Supplement No. 2) 25. 2131696 (Skyway Bridge Maintenance) RETAIN 26. 2131697 (Skyway Bridge Maintenance) RETAIN Frovisions to be Amended �[_' � ¶ II easement benefitting A-1, burdening A-2, A-3 and A-4 for construction, use and maintenance of encroachmena; ¶ III easement benefitting A-2, burdening A-3, A-4 for light, air and view, cons�uction, use and maintenance of a portion of building and operating a window; burdening A-2 and A-3 for construction, use and maintenance of a door for a coffee shop on skyway level, a door on 1" level of driveway connecting Minnesota and Cedaz Streets and encroachntenu; burdening A- 2 and A-4 for construction, use and maintenance of skyway level door opening into stairway and pedesRian access to pazking via stairway; burdening A-1 and A-2 for encroachmenu for enhance and exit facilities onto Minnesota Street; burdening A-1 for construction, use and maintenance of encroachments of walls, stairways and relating facilities along 6`" Street ¶ IV easement benefitting A-3 and burdening A-1 for construction, use and maintenance of encroachmenu; burdening A-3 for consu�uction, use and maintenance of encroachments of the driveway connecting Minnesota dn Cedaz and the wall and related facilities along Minnesota and Cedaz Streets; burdening A-4 for construction, use and maintenance of a dooc at skyway level opening into the sta'uway and access there over V easement benefitting A-4 and burdening A-1 for construction ,use and maintenance of encroachments; burdening A-2 for construction , use and maintenance of a portion of the building; burdening A-1 for the construction, use and maintenance of a stairway and for encroachment of the entrance facilities along 6'" Street and for the construction, use and maintenance of the escalator and elevator ; burdening A-3 and A-1 for ffie consUVCtion, use and maintenance of 4 doors on the fust floor of A-4 that open into the driveway and one that opens into the ramp Agreement granu no rights to Ciry - HRA conveys Parcel A-4 to St. Paul Joint Venture; easements with other parcels. Same document as above Certificate of completion relating to above Document No. 1995195 Agreement does not involve Ciry rights; Cazlson subleases Air Rights to Oxford (Cazlson is owner/lessor of A-4) Southwest comer lease; still in place Cazlson subordinates its interest to Toronto-Dominion Bank New York Agency (Security interesu in A-4) Supplement No. I to Document No. 2081773, above Supplement No. 2 to Document No. 2081773, above City is not a party. Skyway bridge over Minnesota Street to Bremer building, ¶ 4 surery bond indemnifying and holding harmless Ciry punuant to Ordinance No. 16617 City is not a party. Skyway bridge ove� 6"' Street connecting Northerly building and Radisson, ¶ 3 insurance names Ciry, ¶ 4 surety bond with Ciry as obligee pursuant to Ordinance No. 16617 Phi11A 5455Sb.02 Document Num6er 27. 2223337 (Subordination Agreement) RETAItY 28. 2303431 (City Resolution 85-1532) 29. 2043667 - Resolution regarding Eighth Street 2043668 - Resolution vacating Eighth Street 2836472 - Resolution vacating Cedaz Street RETAIN 30. 1990271 (Easement for widening 6'� Street) - Deed from HRA to City for public street (no easemenu) RETAIN 2043667 (Easement for widening 6'" Street) - Resolu- tion regazding Eighth Street RETAIN 2043668 (Fasement for widening 6'" Street) - Resolu- tion vacating Eighth Street Provisio¢s ta be Amended Subordination Agreement. Cazlson subordinates deed and lease in No. 22 , to Travelers securiry interest See No. I See No. 16 See No. 10 Resolution vacating pazt of Cedar Street neaz Town Square, ¶ 4 City is indemnified � Dedication to City for widening of Minnesota and 6`� Streeu Vacation of 25 feet of 8'" Sueet, I Foot Cedaz Street, 1 foot Minnesota Street, part of Tract A RLS 320, l foot 6'" Sueet and grant of public sidewalk easement to Ciry See No. 10 31. Book 2304, page 478 (Conditions/easements) I Vacation of alley under Town Squaze and Radisson, easemenu retained for RETAIN sewer and utility 32. 2094250 (Easement) AMEND AND REPLACE 2845572 (Easement) 33. ]078946 (Easement) AMEND ANA REPLACE (Skyway) 34, ll09685 (Affidavit) RETAIN 35. 1109686 (Assignment) RETAIN Easement for ingress and egress to public (City) on skyway and street level Same (substitutes legal description for map of easement azea) See No. 3 Travelers Affidavit regarding above ground storage tanks Travelers assignment to KB Fund of Ground Lease and Sublease in Nos. Ph�IIA 545556 02 4 i 2 3 4 5 6 � Return copy to: Real Estate Division 140 City Hall oR��Na� ESOLUTION F AI[�T,�AUL, MINN�Cy'�A Pruented &y Referred To Committee: Council File # �LQa.� Green Sheet # �e 30��{ tS WFIEREAS, Various documents relating to the Town Square Pazk required properry transfers between the owner of Town Square and the City, and WHEREAS, These property transfers have been completed, now therefore be it RESOLVED, The proper City officials aze hereby authorized and directed to execute a Modification Agreement, a copy of which is attached hereto and incorporated herein by reference. � Adopted by Council: Date Adopi� Certified by Co By: � . Approved by Mayo : te By: Requested by Department of: Technoloev & Manaz�ement Services B �� `l/2��" �tC_.-� Director Form Approved by City Attorney By: �i'l.:e�'�-e ��GVVi^U� /rs-lL-9�P T.M.S./REAL ESTATE DIVISION Date: October 9,1998 Green Sheet Number: 63004 ontactPersonandPhon Numbe 2 EPAR'A'MENT R/a� CTfYCOUNCII. ��'Q Peter White 266-8853 1 A' �,I �, 6 �' UDGETDII2F,CIOR FFiCEOFFSNANCIAi.SVCS ust be on Couucil Agenda by: 3 YOR (OR ASSIST 4 oaneil Reseacek OTAL # OF SIGNA"TLTi2E PAGES 1 �ci,8 nr.L Loca�rsoxs �ox sic � CTION REQUES'CED: Execute a Modification Agreement between the City, the owner of Town Square and the fIRA ONASENXIAIIONS:AYPROVE(A)ORRP.dECt'(R) �aNALSERVICECON'CAACTSMI7STANSWER'1'HEFOLLOWING: 1. Has the persoNfirm ever worked under a contract for this department? PES NO PIaNNINGCOhA9SSION A STAFF . Has this persool6rm ever beeo a City emptoyee? YES NO CIVQ. SERVICE COhD�USSION . Does this person/Lrm possess a skill not normally possessed by any XES NO current Ciry employee? CIB COMNIl'ITEE Explaiu all YES auswers on a separate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? COUNCILWARD(S) Z, DISTRICTPLANIVINGCOUNCIL 1^� OVITIATING PROBLEM, ISSiJE, OPPORI'[JNI'I'Y (Who, What, When, Where, Why?): Certain provisions in various documents egecuted by the City, the HRA and the owner of Town Square required the owner of Town Square to dedicate certain property interests to the City. These interests have been conveyed so that the provisions no longer apply. The owner of Town Square, currently K/B Fund III, has requested that the agreements be modified in orc�� eliminate those provisions and thus clear the title. OCT 3 � 8998 VAN'1'AGES IF APPROVED: . �� (�.� Clears up any title issues and/or confusion on the Town Square and Town Square Park property. ISADVANTAGES TF APPROVED: NO11C ISADVANTAGES IF NOT APPROVED: Potential title problems remain with the property. OTAL AMOiJNT OF TRANSACITON: $N�A COST/REVENI7E BUDGETED (CIItCLE ONE� YES NO DING SOURCE: ACTIVITY iVOMBER: TNANCIAI. INFORMATION: (EXPLA7� �^uZF � �? .�t, z°;r,��2' � i.t.y;:�"u ta ,�. s 4�.T � � �� > 7/l5 �9'S MODIFICATION AGREEMENT �l8" ��Z� THIS AGREEMEN'I' is made by and among K/B Fund III, a Delaware general partnership ("Town Square Owner"), the C'sty of Saint Paul, a Minnesota municipal corporation (the "City"), and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a body politic and corporate organized and existing under the laws of the State of Minnesota (the "HRA"). Town Squaze Owner is the owner of property in the city of St. Paul, Ramsey County, Minnesota, legally described on E hi it A attached hereto, commonly known as Town Squaze. Town Squaze was developed by the predecessor in title to Town Squaze Owner in 1479, and subsequently, a portion of the common azeas of Town Square were transfened to the City. The top level, or the "Loft Level," of Town Squaze is owned and used by the City as a city pazk. In 1996, the Concourse Level common azeas and the common areas on the next two levels, for a total of three levels of City space, were sold by the City to the Town Square Owner. Some of this space has been redeveloped for office use, and the common azeas have been reconfigured. The City has retained titie to the top level, or the LoR Level, for use as a city pazk. As part of the consideration for transfer of the three levels of common azea of Town Squaze to the Town Squaze Owner, the Town Squaze Ownex agreed to dedicate to the City easements on the first and second levels for skyway use and for access to the city pazk. The skyway easement has been executed and recorded in the Office of the Ramsey County Regisnaz of Titles as Document No. . 23umerous documents have been recorded regarding the transfer of title from the Town Squaze Owner to the City, and regazding the easements and relationships beriveen the Town Squaze Owner and the City, some of which aze no longer applicable. The Town Squaze Owner, the Ciry, and the HRA, who is also a pariy to some of the agreements regarding the City space in Town Square, desire to amend those documents to reflect the change in ownership and usage of the property. In consideration of the covenants herein, and for other good and valuable consideration, the receipt of which is hereby acimowledged, Town Squaze Owner, the City, and the HRA agree that the documents recited below ate hereby amended as described. 1. Document No. 1078945 is hereby modified to limit the benefit of the easements to the Loft Level. 2. Document Nos. 2036809 and 2109631 aze hereby modified to delete the requirement that the Town Square Owner convey property to the City. 3. Document Nos. 2015377 and 2015378 aze hereby modified to delete the requirement that the Town Square Owner dedicate the common azeas (known as the "Galleria") to the City. °l$'t°''� ..; IN WITNESS WHEREOF, this Modification Agreement is executed as of KB FI7ND III, a Delaware generai partnership By K/B OPPORTT JNITY FUND III, L.P., a Delaware limited partnership, Its General Partner By KB OPPORTUIVITY INVESTORS, a Califomia general partnership By KOLL INVESTMENT MANAGEMENT,INC., d/b/a K/B REALTY ADVISORS, a California corporation, Its Generai Partner � Its CITY OF SAINT PAUL By Its By Its Approved as to form: By Its �� i�'�� Assistant City Attorney iv-rz -� y Fa �[�'►°� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL By Its B Its Approved as to form: By Its Assistant City Attorney STATE OF ) ss. COUNTY OF This inshument was executed before me on the day of , 199_, by the of Koll Investment Management, Inc., dlbla K!B Realty Advisors, a California corporation, general partner of KB Opportunity Investors, a California generai partnership, general partner of KfB Opportunity Fund III, L.P., a Delawaze limited partnership, general partner of KJB Fund III, a Delaware general partnership, on behalf of the partnership. Notary Public ad -�°'a STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was aclmowledged before me on '-- - ,and 1998, by the , and respectively, of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me on 1998, by , and the and respectively, of the Housing and Redevelopment Authority of the City of Saint Paui, a body politic and corporate organized and existing under the laws of the State of Minnesota, on behalf of the body corporate and politic. Notary Public This instrument dtafted by: Doherty, Rumble & Butler (CNIlV1) 2800 Minnesota World Trade Center 30 East Seventh S�eet St. Paul, MN 55101-4999 CMM 952843 agr 0 TOWN SQUARE Certificate of Title No. 378963 Document Pium ber 1. 2303431 (Pedestrian Concourse Agreement) AMEND PROVISIONS NOTED (Skyway) AMENDMENT PROV[SIORS 2. 1078945 (Limited Wamanty Deed and Easement Agreement) AMEND PROVISIONS NOTED 3. 1078946 (Easement to City) AMERTD AND REPLACE (Skyway) 4. 2606083 (Oxford/Tower Easement, Declazation} 5. 2145095 (McDonalds Lease) ELIMINATE 6. 2837675 (Financial Life Lease) RETAIN Provisions to be Amended ct� • �oa$ Q 5(Public easement granted to City over skyways in Pazcels A-2, A-3, A- 4); Q 8(Easement subject to City ordinances and codes); � 11 (Skyway bridge between Town Squaze and Northerly owned by Ciry); ¶ 16 ( Ciry may undertalce maintenance, opemtion and repair of easement if owner's dodt); ¶ 18 (Surery bond in favor of Ciry}; ¶ 19 (Owners maintain insurance) Conveyance of Galleria - concourse, street and skyway levef - to City; ¶ 2 (Duration of easemen[s); the following earements may not need to be amended because they benefit the owner ofthe Galleria Parcel ¶ II, 1 (Support easement benefrtting owner ofGalleria); ¶ II, 2(Utility earement); ¶ II, 3(Emergency egress); ¶ 17, 4(Lavatory easement); ¶ Il, 4 (Encroachment easement); ¶ II, 5(Encroachment easement); ¶!I, 6 (Freight elevator easement); ¶/1, 7(Temporary use earementJ; � II, 8 (Floor Coverings earement); 11, 9(Inspection easement); li, 10 (Escalator easement); 171, 1- 1! (similar to above, however, benefttting Commercial Parcel owner and adding # 8, Air, light, view); ¶ 12 (Concourse Ievel eating area e Pubiic pedestrian easement from Owner of Tract TT, Registered Land Survey 518 {Skyway level ha1( through Town Squaze from 7"' to Cedaz) to City of St. Paul Relates to Piper Tower; retain. Agreement does not involve City righu; Lease agreement for space and pedestrian access thereto. (Oxford as owner) Agreement dces not involve City rights; Lease of 23, 24, 25 floors of North Central Life Towec (Travelers Insurance Company as owner) 7. 2837673 (Kinney Shoe Lease) (Footlocker) I Agreement does not involve City rights; Town Squaze skyway leve] lease RETAIN of space in Suite 273. (Travelers Insurance Company as owner) 8. 2837674 (B. Dalton Lease) ELIMINATE 9. 2837672 (Ramsey Restaurant Lease) ELIMINATE 10. 20A3668 (Conditions re: vacated 8�') I 1. 2036809 (Deed - Covenants/easements 1�IRp) AMEND PROVISIONS NOTED (amended 2109631 - Certificate of Completion of Improvemenu) RETAIN 12. 1995801 (Deed of Conveyance with Covenanu HRA) (amended 2109631- Certificate of Completion) RETAIN Agreement does not involve City rights; Town Squaze skyway levet lease of space in Suite 201 (Travelers as owner) Agreement does not involve Ciry rights; Town Squaze lower tevel lease of space in Suite 134 (Travelers as owner). Public sidewalk easement,¶ 4, owner (Oxford) to provide lighting, public liabitity insurance Conveys to Oxford vacated 7'" and Cedaz Sheeu; conditions of conveyance aze that Oxford wilt conshvct building then convey to Ciry; amend to delete requirement to convey. Conditions of 2036809 aze met. Deed conveying Town Square from f{RA to Oxford; covenant for compliance with Redevelopment Agreement Certificate of Completion and compliance with 1995801 PhiIIA 545556 02 Document Number 13. 1995800 (Deed - Covenants/easemenu HRA) (amended 2086053 and 2109631) 14. 2043541 (Easement for Minnesota Street) 676066 / 1995801 1074198 653&94l2043668 653390 15. 2043668 (Easemenu) b76066 1074198 16. 2015377 (Easements) RETAIN 2015378 2043667 2043668 17. 2036819 (Subordination Agreement) RETAIN PhillA 545556.02 Provisions to be Amended Conveyance by HRA to Oxford for redevefopment; Q II easements burdening A-1, benefitting A-3 support, access to utilities,pedestrian passage through stairway, escalator and elevator and encroachment; ¶III easements burdening A-2, benefitting A3 foc pedes�ian access via concourse, bridge, and elevaton, and maintenance of eazement azea; � IV easement burdening A-4, benefitting A-3 for pedestrian access via concourse, bridge, and elevators, and maintenance of euement azea; Q IV easement burdening A-3, benefitting A-1 for ramp access from Minnesota and Cedar street and for construction and maintenance of building; Q V I easement burdening A-3, benefitting A-2 for pedeshian access over concourse passageway and bridges (and maintenance thereo� and for driveway connecting Minnesota and Cedaz Streeu and for air, light and view; � VII easement burdening A-3, benefitting A-4 for construction and access over enclosed rxo way driveway connecting Minnesota and Cedaz Sueeu and for pedes�ian concourse passageways in A-3 (and maintenance thereo� See No. 18 Certificate of Completion HRA dedicates grant to City far widening of Minnesota street See No. 12 Deed conveying Tract A, RLS 320 from HRA to City for puhlic street See No. 10 Vacation of part of Minnesota Street; utility easement retained See No. 10 See No. 10 See No. 14 HRA and City vacating East 7`" Place subject to sewer reconstruction, � sewer easement and dedication of Tract A. Amend to delete requirement to dedicate public galleria Same as above Widens Minnesota and Sixth Streeu SeeNo. t0 Subordination Agreement - Carlson subordinating security interest to Dominion Bank New York �� Document iVumber 18. 2086053 (Agreement) 19. 1995195 (Conditions/easemenu HRA) 2010588 20. 2092922 (Certificate of Completion) 21. 2Q93638 (CazLson/Oxford Lease) 22. 2093639 (Cazlson/Oxford Lease) 23. 2081773 (Su6otdination Agreement) 24. 2120502 (Subordination Agreement Supp. No. 1) 2140685 (Subordination Agreement Supplement No. 2) 25. 2131696 (Skyway Bridge Maintenance) RETAIN 26. 2131697 (Skyway Bridge Maintenance) RETAIN Frovisions to be Amended �[_' � ¶ II easement benefitting A-1, burdening A-2, A-3 and A-4 for construction, use and maintenance of encroachmena; ¶ III easement benefitting A-2, burdening A-3, A-4 for light, air and view, cons�uction, use and maintenance of a portion of building and operating a window; burdening A-2 and A-3 for construction, use and maintenance of a door for a coffee shop on skyway level, a door on 1" level of driveway connecting Minnesota and Cedaz Streets and encroachntenu; burdening A- 2 and A-4 for construction, use and maintenance of skyway level door opening into stairway and pedesRian access to pazking via stairway; burdening A-1 and A-2 for encroachmenu for enhance and exit facilities onto Minnesota Street; burdening A-1 for construction, use and maintenance of encroachments of walls, stairways and relating facilities along 6`" Street ¶ IV easement benefitting A-3 and burdening A-1 for construction, use and maintenance of encroachmenu; burdening A-3 for consu�uction, use and maintenance of encroachments of the driveway connecting Minnesota dn Cedaz and the wall and related facilities along Minnesota and Cedaz Streets; burdening A-4 for construction, use and maintenance of a dooc at skyway level opening into the sta'uway and access there over V easement benefitting A-4 and burdening A-1 for construction ,use and maintenance of encroachments; burdening A-2 for construction , use and maintenance of a portion of the building; burdening A-1 for the construction, use and maintenance of a stairway and for encroachment of the entrance facilities along 6'" Street and for the construction, use and maintenance of the escalator and elevator ; burdening A-3 and A-1 for ffie consUVCtion, use and maintenance of 4 doors on the fust floor of A-4 that open into the driveway and one that opens into the ramp Agreement granu no rights to Ciry - HRA conveys Parcel A-4 to St. Paul Joint Venture; easements with other parcels. Same document as above Certificate of completion relating to above Document No. 1995195 Agreement does not involve Ciry rights; Cazlson subleases Air Rights to Oxford (Cazlson is owner/lessor of A-4) Southwest comer lease; still in place Cazlson subordinates its interest to Toronto-Dominion Bank New York Agency (Security interesu in A-4) Supplement No. I to Document No. 2081773, above Supplement No. 2 to Document No. 2081773, above City is not a party. Skyway bridge over Minnesota Street to Bremer building, ¶ 4 surery bond indemnifying and holding harmless Ciry punuant to Ordinance No. 16617 City is not a party. Skyway bridge ove� 6"' Street connecting Northerly building and Radisson, ¶ 3 insurance names Ciry, ¶ 4 surety bond with Ciry as obligee pursuant to Ordinance No. 16617 Phi11A 5455Sb.02 Document Num6er 27. 2223337 (Subordination Agreement) RETAItY 28. 2303431 (City Resolution 85-1532) 29. 2043667 - Resolution regarding Eighth Street 2043668 - Resolution vacating Eighth Street 2836472 - Resolution vacating Cedaz Street RETAIN 30. 1990271 (Easement for widening 6'� Street) - Deed from HRA to City for public street (no easemenu) RETAIN 2043667 (Easement for widening 6'" Street) - Resolu- tion regazding Eighth Street RETAIN 2043668 (Fasement for widening 6'" Street) - Resolu- tion vacating Eighth Street Provisio¢s ta be Amended Subordination Agreement. Cazlson subordinates deed and lease in No. 22 , to Travelers securiry interest See No. I See No. 16 See No. 10 Resolution vacating pazt of Cedar Street neaz Town Square, ¶ 4 City is indemnified � Dedication to City for widening of Minnesota and 6`� Streeu Vacation of 25 feet of 8'" Sueet, I Foot Cedaz Street, 1 foot Minnesota Street, part of Tract A RLS 320, l foot 6'" Sueet and grant of public sidewalk easement to Ciry See No. 10 31. Book 2304, page 478 (Conditions/easements) I Vacation of alley under Town Squaze and Radisson, easemenu retained for RETAIN sewer and utility 32. 2094250 (Easement) AMEND AND REPLACE 2845572 (Easement) 33. ]078946 (Easement) AMEND ANA REPLACE (Skyway) 34, ll09685 (Affidavit) RETAIN 35. 1109686 (Assignment) RETAIN Easement for ingress and egress to public (City) on skyway and street level Same (substitutes legal description for map of easement azea) See No. 3 Travelers Affidavit regarding above ground storage tanks Travelers assignment to KB Fund of Ground Lease and Sublease in Nos. Ph�IIA 545556 02 4 i 2 3 4 5 6 � Return copy to: Real Estate Division 140 City Hall oR��Na� ESOLUTION F AI[�T,�AUL, MINN�Cy'�A Pruented &y Referred To Committee: Council File # �LQa.� Green Sheet # �e 30��{ tS WFIEREAS, Various documents relating to the Town Square Pazk required properry transfers between the owner of Town Square and the City, and WHEREAS, These property transfers have been completed, now therefore be it RESOLVED, The proper City officials aze hereby authorized and directed to execute a Modification Agreement, a copy of which is attached hereto and incorporated herein by reference. � Adopted by Council: Date Adopi� Certified by Co By: � . Approved by Mayo : te By: Requested by Department of: Technoloev & Manaz�ement Services B �� `l/2��" �tC_.-� Director Form Approved by City Attorney By: �i'l.:e�'�-e ��GVVi^U� /rs-lL-9�P T.M.S./REAL ESTATE DIVISION Date: October 9,1998 Green Sheet Number: 63004 ontactPersonandPhon Numbe 2 EPAR'A'MENT R/a� CTfYCOUNCII. ��'Q Peter White 266-8853 1 A' �,I �, 6 �' UDGETDII2F,CIOR FFiCEOFFSNANCIAi.SVCS ust be on Couucil Agenda by: 3 YOR (OR ASSIST 4 oaneil Reseacek OTAL # OF SIGNA"TLTi2E PAGES 1 �ci,8 nr.L Loca�rsoxs �ox sic � CTION REQUES'CED: Execute a Modification Agreement between the City, the owner of Town Square and the fIRA ONASENXIAIIONS:AYPROVE(A)ORRP.dECt'(R) �aNALSERVICECON'CAACTSMI7STANSWER'1'HEFOLLOWING: 1. Has the persoNfirm ever worked under a contract for this department? PES NO PIaNNINGCOhA9SSION A STAFF . Has this persool6rm ever beeo a City emptoyee? YES NO CIVQ. SERVICE COhD�USSION . Does this person/Lrm possess a skill not normally possessed by any XES NO current Ciry employee? CIB COMNIl'ITEE Explaiu all YES auswers on a separate sheet and attach. UPPORTS WHICH COUNCIL OBJECTIVE? COUNCILWARD(S) Z, DISTRICTPLANIVINGCOUNCIL 1^� OVITIATING PROBLEM, ISSiJE, OPPORI'[JNI'I'Y (Who, What, When, Where, Why?): Certain provisions in various documents egecuted by the City, the HRA and the owner of Town Square required the owner of Town Square to dedicate certain property interests to the City. These interests have been conveyed so that the provisions no longer apply. The owner of Town Square, currently K/B Fund III, has requested that the agreements be modified in orc�� eliminate those provisions and thus clear the title. OCT 3 � 8998 VAN'1'AGES IF APPROVED: . �� (�.� Clears up any title issues and/or confusion on the Town Square and Town Square Park property. ISADVANTAGES TF APPROVED: NO11C ISADVANTAGES IF NOT APPROVED: Potential title problems remain with the property. OTAL AMOiJNT OF TRANSACITON: $N�A COST/REVENI7E BUDGETED (CIItCLE ONE� YES NO DING SOURCE: ACTIVITY iVOMBER: TNANCIAI. INFORMATION: (EXPLA7� �^uZF � �? .�t, z°;r,��2' � i.t.y;:�"u ta ,�. s 4�.T � � �� > 7/l5 �9'S MODIFICATION AGREEMENT �l8" ��Z� THIS AGREEMEN'I' is made by and among K/B Fund III, a Delaware general partnership ("Town Square Owner"), the C'sty of Saint Paul, a Minnesota municipal corporation (the "City"), and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, a body politic and corporate organized and existing under the laws of the State of Minnesota (the "HRA"). Town Squaze Owner is the owner of property in the city of St. Paul, Ramsey County, Minnesota, legally described on E hi it A attached hereto, commonly known as Town Squaze. Town Squaze was developed by the predecessor in title to Town Squaze Owner in 1479, and subsequently, a portion of the common azeas of Town Square were transfened to the City. The top level, or the "Loft Level," of Town Squaze is owned and used by the City as a city pazk. In 1996, the Concourse Level common azeas and the common areas on the next two levels, for a total of three levels of City space, were sold by the City to the Town Square Owner. Some of this space has been redeveloped for office use, and the common azeas have been reconfigured. The City has retained titie to the top level, or the LoR Level, for use as a city pazk. As part of the consideration for transfer of the three levels of common azea of Town Squaze to the Town Squaze Owner, the Town Squaze Ownex agreed to dedicate to the City easements on the first and second levels for skyway use and for access to the city pazk. The skyway easement has been executed and recorded in the Office of the Ramsey County Regisnaz of Titles as Document No. . 23umerous documents have been recorded regarding the transfer of title from the Town Squaze Owner to the City, and regazding the easements and relationships beriveen the Town Squaze Owner and the City, some of which aze no longer applicable. The Town Squaze Owner, the Ciry, and the HRA, who is also a pariy to some of the agreements regarding the City space in Town Square, desire to amend those documents to reflect the change in ownership and usage of the property. In consideration of the covenants herein, and for other good and valuable consideration, the receipt of which is hereby acimowledged, Town Squaze Owner, the City, and the HRA agree that the documents recited below ate hereby amended as described. 1. Document No. 1078945 is hereby modified to limit the benefit of the easements to the Loft Level. 2. Document Nos. 2036809 and 2109631 aze hereby modified to delete the requirement that the Town Square Owner convey property to the City. 3. Document Nos. 2015377 and 2015378 aze hereby modified to delete the requirement that the Town Square Owner dedicate the common azeas (known as the "Galleria") to the City. °l$'t°''� ..; IN WITNESS WHEREOF, this Modification Agreement is executed as of KB FI7ND III, a Delaware generai partnership By K/B OPPORTT JNITY FUND III, L.P., a Delaware limited partnership, Its General Partner By KB OPPORTUIVITY INVESTORS, a Califomia general partnership By KOLL INVESTMENT MANAGEMENT,INC., d/b/a K/B REALTY ADVISORS, a California corporation, Its Generai Partner � Its CITY OF SAINT PAUL By Its By Its Approved as to form: By Its �� i�'�� Assistant City Attorney iv-rz -� y Fa �[�'►°� HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL By Its B Its Approved as to form: By Its Assistant City Attorney STATE OF ) ss. COUNTY OF This inshument was executed before me on the day of , 199_, by the of Koll Investment Management, Inc., dlbla K!B Realty Advisors, a California corporation, general partner of KB Opportunity Investors, a California generai partnership, general partner of KfB Opportunity Fund III, L.P., a Delawaze limited partnership, general partner of KJB Fund III, a Delaware general partnership, on behalf of the partnership. Notary Public ad -�°'a STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was aclmowledged before me on '-- - ,and 1998, by the , and respectively, of the City of Saint Paul, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF ) ) ss. ) The foregoing instrument was acknowledged before me on 1998, by , and the and respectively, of the Housing and Redevelopment Authority of the City of Saint Paui, a body politic and corporate organized and existing under the laws of the State of Minnesota, on behalf of the body corporate and politic. Notary Public This instrument dtafted by: Doherty, Rumble & Butler (CNIlV1) 2800 Minnesota World Trade Center 30 East Seventh S�eet St. Paul, MN 55101-4999 CMM 952843 agr 0 TOWN SQUARE Certificate of Title No. 378963 Document Pium ber 1. 2303431 (Pedestrian Concourse Agreement) AMEND PROVISIONS NOTED (Skyway) AMENDMENT PROV[SIORS 2. 1078945 (Limited Wamanty Deed and Easement Agreement) AMEND PROVISIONS NOTED 3. 1078946 (Easement to City) AMERTD AND REPLACE (Skyway) 4. 2606083 (Oxford/Tower Easement, Declazation} 5. 2145095 (McDonalds Lease) ELIMINATE 6. 2837675 (Financial Life Lease) RETAIN Provisions to be Amended ct� • �oa$ Q 5(Public easement granted to City over skyways in Pazcels A-2, A-3, A- 4); Q 8(Easement subject to City ordinances and codes); � 11 (Skyway bridge between Town Squaze and Northerly owned by Ciry); ¶ 16 ( Ciry may undertalce maintenance, opemtion and repair of easement if owner's dodt); ¶ 18 (Surery bond in favor of Ciry}; ¶ 19 (Owners maintain insurance) Conveyance of Galleria - concourse, street and skyway levef - to City; ¶ 2 (Duration of easemen[s); the following earements may not need to be amended because they benefit the owner ofthe Galleria Parcel ¶ II, 1 (Support easement benefrtting owner ofGalleria); ¶ II, 2(Utility earement); ¶ II, 3(Emergency egress); ¶ 17, 4(Lavatory easement); ¶ Il, 4 (Encroachment easement); ¶ II, 5(Encroachment easement); ¶!I, 6 (Freight elevator easement); ¶/1, 7(Temporary use earementJ; � II, 8 (Floor Coverings earement); 11, 9(Inspection easement); li, 10 (Escalator easement); 171, 1- 1! (similar to above, however, benefttting Commercial Parcel owner and adding # 8, Air, light, view); ¶ 12 (Concourse Ievel eating area e Pubiic pedestrian easement from Owner of Tract TT, Registered Land Survey 518 {Skyway level ha1( through Town Squaze from 7"' to Cedaz) to City of St. Paul Relates to Piper Tower; retain. Agreement does not involve City righu; Lease agreement for space and pedestrian access thereto. (Oxford as owner) Agreement dces not involve City rights; Lease of 23, 24, 25 floors of North Central Life Towec (Travelers Insurance Company as owner) 7. 2837673 (Kinney Shoe Lease) (Footlocker) I Agreement does not involve City rights; Town Squaze skyway leve] lease RETAIN of space in Suite 273. (Travelers Insurance Company as owner) 8. 2837674 (B. Dalton Lease) ELIMINATE 9. 2837672 (Ramsey Restaurant Lease) ELIMINATE 10. 20A3668 (Conditions re: vacated 8�') I 1. 2036809 (Deed - Covenants/easements 1�IRp) AMEND PROVISIONS NOTED (amended 2109631 - Certificate of Completion of Improvemenu) RETAIN 12. 1995801 (Deed of Conveyance with Covenanu HRA) (amended 2109631- Certificate of Completion) RETAIN Agreement does not involve City rights; Town Squaze skyway levet lease of space in Suite 201 (Travelers as owner) Agreement does not involve Ciry rights; Town Squaze lower tevel lease of space in Suite 134 (Travelers as owner). Public sidewalk easement,¶ 4, owner (Oxford) to provide lighting, public liabitity insurance Conveys to Oxford vacated 7'" and Cedaz Sheeu; conditions of conveyance aze that Oxford wilt conshvct building then convey to Ciry; amend to delete requirement to convey. Conditions of 2036809 aze met. Deed conveying Town Square from f{RA to Oxford; covenant for compliance with Redevelopment Agreement Certificate of Completion and compliance with 1995801 PhiIIA 545556 02 Document Number 13. 1995800 (Deed - Covenants/easemenu HRA) (amended 2086053 and 2109631) 14. 2043541 (Easement for Minnesota Street) 676066 / 1995801 1074198 653&94l2043668 653390 15. 2043668 (Easemenu) b76066 1074198 16. 2015377 (Easements) RETAIN 2015378 2043667 2043668 17. 2036819 (Subordination Agreement) RETAIN PhillA 545556.02 Provisions to be Amended Conveyance by HRA to Oxford for redevefopment; Q II easements burdening A-1, benefitting A-3 support, access to utilities,pedestrian passage through stairway, escalator and elevator and encroachment; ¶III easements burdening A-2, benefitting A3 foc pedes�ian access via concourse, bridge, and elevaton, and maintenance of eazement azea; � IV easement burdening A-4, benefitting A-3 for pedestrian access via concourse, bridge, and elevators, and maintenance of euement azea; Q IV easement burdening A-3, benefitting A-1 for ramp access from Minnesota and Cedar street and for construction and maintenance of building; Q V I easement burdening A-3, benefitting A-2 for pedeshian access over concourse passageway and bridges (and maintenance thereo� and for driveway connecting Minnesota and Cedaz Streeu and for air, light and view; � VII easement burdening A-3, benefitting A-4 for construction and access over enclosed rxo way driveway connecting Minnesota and Cedaz Sueeu and for pedes�ian concourse passageways in A-3 (and maintenance thereo� See No. 18 Certificate of Completion HRA dedicates grant to City far widening of Minnesota street See No. 12 Deed conveying Tract A, RLS 320 from HRA to City for puhlic street See No. 10 Vacation of part of Minnesota Street; utility easement retained See No. 10 See No. 10 See No. 14 HRA and City vacating East 7`" Place subject to sewer reconstruction, � sewer easement and dedication of Tract A. Amend to delete requirement to dedicate public galleria Same as above Widens Minnesota and Sixth Streeu SeeNo. t0 Subordination Agreement - Carlson subordinating security interest to Dominion Bank New York �� Document iVumber 18. 2086053 (Agreement) 19. 1995195 (Conditions/easemenu HRA) 2010588 20. 2092922 (Certificate of Completion) 21. 2Q93638 (CazLson/Oxford Lease) 22. 2093639 (Cazlson/Oxford Lease) 23. 2081773 (Su6otdination Agreement) 24. 2120502 (Subordination Agreement Supp. No. 1) 2140685 (Subordination Agreement Supplement No. 2) 25. 2131696 (Skyway Bridge Maintenance) RETAIN 26. 2131697 (Skyway Bridge Maintenance) RETAIN Frovisions to be Amended �[_' � ¶ II easement benefitting A-1, burdening A-2, A-3 and A-4 for construction, use and maintenance of encroachmena; ¶ III easement benefitting A-2, burdening A-3, A-4 for light, air and view, cons�uction, use and maintenance of a portion of building and operating a window; burdening A-2 and A-3 for construction, use and maintenance of a door for a coffee shop on skyway level, a door on 1" level of driveway connecting Minnesota and Cedaz Streets and encroachntenu; burdening A- 2 and A-4 for construction, use and maintenance of skyway level door opening into stairway and pedesRian access to pazking via stairway; burdening A-1 and A-2 for encroachmenu for enhance and exit facilities onto Minnesota Street; burdening A-1 for construction, use and maintenance of encroachments of walls, stairways and relating facilities along 6`" Street ¶ IV easement benefitting A-3 and burdening A-1 for construction, use and maintenance of encroachmenu; burdening A-3 for consu�uction, use and maintenance of encroachments of the driveway connecting Minnesota dn Cedaz and the wall and related facilities along Minnesota and Cedaz Streets; burdening A-4 for construction, use and maintenance of a dooc at skyway level opening into the sta'uway and access there over V easement benefitting A-4 and burdening A-1 for construction ,use and maintenance of encroachments; burdening A-2 for construction , use and maintenance of a portion of the building; burdening A-1 for the construction, use and maintenance of a stairway and for encroachment of the entrance facilities along 6'" Street and for the construction, use and maintenance of the escalator and elevator ; burdening A-3 and A-1 for ffie consUVCtion, use and maintenance of 4 doors on the fust floor of A-4 that open into the driveway and one that opens into the ramp Agreement granu no rights to Ciry - HRA conveys Parcel A-4 to St. Paul Joint Venture; easements with other parcels. Same document as above Certificate of completion relating to above Document No. 1995195 Agreement does not involve Ciry rights; Cazlson subleases Air Rights to Oxford (Cazlson is owner/lessor of A-4) Southwest comer lease; still in place Cazlson subordinates its interest to Toronto-Dominion Bank New York Agency (Security interesu in A-4) Supplement No. I to Document No. 2081773, above Supplement No. 2 to Document No. 2081773, above City is not a party. Skyway bridge over Minnesota Street to Bremer building, ¶ 4 surery bond indemnifying and holding harmless Ciry punuant to Ordinance No. 16617 City is not a party. Skyway bridge ove� 6"' Street connecting Northerly building and Radisson, ¶ 3 insurance names Ciry, ¶ 4 surety bond with Ciry as obligee pursuant to Ordinance No. 16617 Phi11A 5455Sb.02 Document Num6er 27. 2223337 (Subordination Agreement) RETAItY 28. 2303431 (City Resolution 85-1532) 29. 2043667 - Resolution regarding Eighth Street 2043668 - Resolution vacating Eighth Street 2836472 - Resolution vacating Cedaz Street RETAIN 30. 1990271 (Easement for widening 6'� Street) - Deed from HRA to City for public street (no easemenu) RETAIN 2043667 (Easement for widening 6'" Street) - Resolu- tion regazding Eighth Street RETAIN 2043668 (Fasement for widening 6'" Street) - Resolu- tion vacating Eighth Street Provisio¢s ta be Amended Subordination Agreement. Cazlson subordinates deed and lease in No. 22 , to Travelers securiry interest See No. I See No. 16 See No. 10 Resolution vacating pazt of Cedar Street neaz Town Square, ¶ 4 City is indemnified � Dedication to City for widening of Minnesota and 6`� Streeu Vacation of 25 feet of 8'" Sueet, I Foot Cedaz Street, 1 foot Minnesota Street, part of Tract A RLS 320, l foot 6'" Sueet and grant of public sidewalk easement to Ciry See No. 10 31. Book 2304, page 478 (Conditions/easements) I Vacation of alley under Town Squaze and Radisson, easemenu retained for RETAIN sewer and utility 32. 2094250 (Easement) AMEND AND REPLACE 2845572 (Easement) 33. ]078946 (Easement) AMEND ANA REPLACE (Skyway) 34, ll09685 (Affidavit) RETAIN 35. 1109686 (Assignment) RETAIN Easement for ingress and egress to public (City) on skyway and street level Same (substitutes legal description for map of easement azea) See No. 3 Travelers Affidavit regarding above ground storage tanks Travelers assignment to KB Fund of Ground Lease and Sublease in Nos. Ph�IIA 545556 02 4