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86-1033 WHITE - C�TV �LERK PINK - FINANCE G I TY O F SA I NT PA U L Council GANARV - DEPARTMENT C�ty Attny/P�iB File N0. �-1�-3 1 , • • � �CZ Reso ution FCS - Galtier Plaza Presented By �� To Committee: Date Out of Commi tee By Date BE T RESOLVED, by the Council of the City of Saint Paul , that the Cit Clerk is directed to accept and keep on file for public referen that certain Agreement dated October 30, 1985 by and among t City of Saint Paul , the Port Authority of the City of Saint P l, the Mears Park Development Company and various limited partner ips , and Farm Credit Services , St. Paul , which Agreement contain covenants and obligations relating to the skyway bridges and ped strian concourses , which touch and concern the following describ d property in the City of Saint Paul : R.L. S . 373 ; the southeasterly 1/2 of Lot 3 and Lots 4 through 9, Block 9 , [�?hitney & Smith' s Addition; and Lots 6 through 9 , �31ock 13 , City of Saint Paul (St . Paul Proper) ; and Lots 1 and 3 , Block 1, Capitol Centre No. 1 , City of Saint Paul ; and BE , IT FURTHER RESOLVED, that the City Clerk is authorized and directe to file a certified copy of this Resolution in the Office of the ounty Recorder, Ramsey County, for the purpose of giving notice f the existence of said A;reement to persons interested in the bove property and of the availability of said Agreement for ref rence by such persons in the office of the City Clerk. COUNC[LMEN Requested by Department of: Yeas� N ys � Nicosia [R FBVO[ Rettman � Scheibel Sonnen __ AgBillSt BY Tedesco �Wifse�a JUL 2 4 1986 Form Approved by City Attorney Adopted by Council: Date . . Certified s e C cil c t BY g�, Approved by Ylavor: a -- � —�se JUL 2 � �pp�oved by Mayor for Submission to Council By _ ' By PUB!ISHED AU G 2 1986 �_�033 � ��==o, � CITY OF SAINT PAUL e�0 '��, OFFICE OF THE CITY ATTORNEY + _�'��° �� I� EDWARD P. STARR, CITY ATTORNEY ?�6+�,��.� 647 City Hall, Saint Paul,Minnesota 55102 GEORGE LATIMER i 612-298-5121 MAYOR I � I July 14, 1986 To : A1 Olson From: � Phil Byrne� Re: Skyway Agreements : December 10, 1985 : Galtier Plaza-Burlington Center October 30 , 1985 : FCS-�altier Plaza Here are two agreements with accompanying Resolutions , for introduction, passage nd recording of the Resolution only. Please te that the Oct . 30 , 1985 Agreement was earlier attached to C.F. No . 85-1617 , a1d may not have been accepted for recording by Riepe. f not, this should work. Please t me know if there are any problems with this . i Encs . I � � 'i ,I i i � W f? f7 (") �- o IV N v°', .`-'-+ = ° � � -< -< � � � � � � �v T� � � Q rn— �r'• fD -< m � 'D PW� W � S —�7C � � �/� �dd1 �. � y� � r � (D (D C r 0 0 t=] H � • ,.._, �C rS � � � � N � F-' N � � � O O � � . ,p W rD � . � C7 X "�J X NK � K � O C] n b � n � � � �q �� . � (D N• fD c+ rr ru rr ru -�. . C� N N � � r�t O c�'t k � ` I t'�t I 3 G7 !'�i � O G N r � -< � n rr a c") � � O (nn z o r�r r~r � rt . -� � �' �C � v -� . . Z rS t7 �7 O F-�• c6 N o ..�� o n 3 "o \ m � a � C`, . � � � � N � , . � � � s • p,r � � Q � � c � � `� � . � 1 �-�o� -�� . . _ . ��r —/C�3 . '�� .. (/~ �' � c; � � � :� I STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) esis w Albert B. Olson .` I. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .City Clerk of the � � � City of Saint Paul, Minn.esota, do hereby certify that I have compared the attached copy of Cou.ncil F3_le No. ,86-1033 aa � � -- - as adopted by the CityCouncil. , July.24.. . . . . . . . . . . . . . . . .1986_ . . . � .�s ' and approved by the Mayor. . . . . . , July. 24:. . . . . . . . . . . . . . . . . 1986, . . , with the origival thereof on file in my office. I further certify that said copy is a true and correct cop;� of said original and the whole thereof. 41ITNESS my hand and the seal of the City of Saint Paul, Minnesota ttiis . . . . . �th. . . . . . day of . , , , , .Auc�ust. . . _ „A.D. 19 86 . � � ;.. . . . . . . . . . . . L��!��:�: .�.G�-�r�-::�. . . . . � City Clerk. � � ,.- . •t . � � . � �,_.. . .... •t. . r . - . . �'1 ( ` . ' . C,I ' .. ._.,�_ j . . . ' � .. I a�,',. ' . - . , _ .. j ° 0�886 0000i#�E;6`7DOCU�{ENT 10.00 �HI�YE — CITY CLERI( �iNK — FINANCE COUIICIl C�.WARM — DEPARTMEN72 ',� �� CITY OF SAINT PAUL File N0.- ��-I�� 9LUE w�av�JR Ci�y �Ltny/P�iB ,.: D � ' ' o �cil 1l��SOGZttZO�Z FCS - Galtier Plaza ,. JG'`. Presented By To I Committee: Date Out of Commi ee By Date BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file for public referenc that certain Agreement dated October 30, Z985 by and amonu th City of Saint Paul, the Port Authority of the City of Saint Pa 1, the Mears Park Development Company and various limited partners ips, and Farm Credit Services , St. Paul, which Agreement contains covenants and obligations relating to the skyway bridges and pede trian concourses , which touch and concern the following 3escri�e prop�rty in the City of Saint Paul : R.L.S. 373 ; the southeasterly 1/2 of Lot 3 and Lots 4 through 9, Block 9, t?hitney & Smith' s Addition; and Lots 6 through 9, �lock 13, City of Saint Paul (St. Paul Proper) ; and � Lots 1 and 3 , Block 1, Capitol Centre P1o. 1, City of Saint Paul; . : __� � . _ _ _ __--�--- --- - __ - and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directe to file a certified copy of this Resolution in the Office of the •unty Recorder, Ramsey County, for the purpose of giving notice f the existence of said Agreement to persons interested in the ove property and of the availability of said Agreement for ref rence by such persons in the office of the City Clerk. COU[VCILMEIV Requested by Department of: Ye�s�� N s � Nicosia [n Favor Rettman � Scheibei so��a� _ Against BY Tedesco ""VPi�soa� Adopted by Council: Date JUL 2 4 i986 Form Approved by City Attorney Certifi�d P�s•e ' Co cil . c t BY B�� _ � Approved by \rlavor: a '��"'��e J�L 2 4 ��pp�oved by Mayor for Submission to Council . 8y — BY _ j PU��1ShED AU G 2 1986 �. I �_____�..�. .-- ` - ,.�1 , � . / �. , --i _ 1 :., , .- - � O , � -� i ' ��>>� , � =: o � (l�� ! ' s.�� c ' t' ! � t"7 .-� Z DQ �-t� :,n; 4.3 `' ;;= ` C; `-� � � Z �. , � � m � � r� �' �' L`. "� � :r' p'"1 � � ''� U. -c. Q � lA, �:. n � � n. � � ft� ?9 o n � `:M '< Q —� r � �. ,�� ' Y r 1 1 � �' � �, �n. � � D � C1 , � ..�Li � � — : �Y.. -y�� i �.. �'� � � ^ -g' � " � � ` � W � � � � ' _y `° � C� c� � u, � � � �� y � a �� -r � •-• � �1 } C S � � �f � �, � CD V e • � C � � � ��. ' � � - � �G—�o3� � . � August 26, 1985 AGREEMENT REGARDING CONSTRUCTION, �AINTENANCE AND OPERATIOt3 OF A SKYWAY BRIDGE OVER JACKSON STREET � BETWEEN FIFTH AND SIXTH STREETS AND ASSOCIATED PEDESTRIAN CONCOURSES GALTIER PLAZA FARM CREDIT SERVICES THE CITY OF SAINT PAUL 1985 . 1 Ir � � ��' /v33 '�'", � , � ., . � _ CONTENTS OF AGREEMENT Topic Page Eridge Cor� tzuction and Cost Responsibilities 6 1. sign, Construction 6 2 . � pport Structure Within Buildings 8 3. Bjridge HVAC, Lighting, Drainage Systems 9 4. C$ity Assignment of Warranties 9 � Pedestriar� Concourse Construction and Costs 10 I 5. n�ourse Access 10 6 . oncourse Construction 11 Easements, Hours 11 7 . rant of Easement and Hours 11 8 . uture Easements 12 9 . _ ublic Easement Description 12 10. idth of Easement 12 11. asement Survey 13 12. asements Public and Subject to Law 13 13 . aiver of Share in Damages 13 14 . wnership of Bridge 14 Operation Maintenance and Repair 14 15. ity Transfer of Plans, Drawings, Etc. 14 16. �cope of Maintenance; Approval of Modificationsl4 17 . CS and Mears Agreement to �laintain 15 18. , aintenance of Galtier Plaza & FCS Buildings; 15 Carpet 19 . ailure to �Iaintain, Remedies � 17 20. dvertising, Signage 18 Surety Bo ds, Insurance 18 21 . 20Pl , 04�0 Surety Bond; Contractor ' s Insurance 18 22. kyway Hazard, Liability Insurance Cost Shared 19 23 . oncourse Hazard, Liability Insurance 19 24 . mount of Insurance 20 Direction 1 Signs 20 25 . pproval , Cost of Signs 20 � 2 � . l .,� �; ��'(,�-/D 3 3 �� , . , Topic i Page Binding O ligations 21 26 . ubject to City Codes �i 27 . uccessors and Assigns Bound 28 . CS-Mears Agreement Not Affected 22 29 . greement Survives Conveyance, Is Not Merged 23 30. wners Retain Property Rights; 23 Obligations Conveyed � 31. ffective Date of Obligations - Skyway 23 32. ffective Date of Obligations - Concourses 24 33 . otices - Address� 24 Savings C ause 25 . 34 . kyway Policy Pertinent �5 35. aptions, Headings, or �Titles 26 Exhibits• I A. asement Form � . B. Mears Easement Plan . C. FCS Easement Plan D. i Property Descriptions E. I� General Polic Statement for the Construction of the Saint Paul Sk wa System, adopted January 8, 198PJ. i . 3 . .�� -/0 3 3 ' 2 , i �� . ', � � � . i . . SKYWAY AGREEMENT m de and entered into this 30.�t day THIS GREEMENT is a of� , 1985, by and among the CITY OF SAINT PAUL , a municipal orporation, hereinafter referred to as the "City"; the PORT AUTH RITY OF THE CITY OF SAINT PAUL , a body politic and corporate nder the laws of Minnesota, hereinafter referred to as the "Autho ity"; the MEARS PARK DEVELOPMENT COMPANY, a Minnesota general p rtnership (whose general partners are THE BOISCLAIR CORPORATI N ,� a Minnesota corporation and ALPHA ENTERPRISES , a South Dak ta general partnership) for itself and on behalf of the . _ - - MEARS PA K EAST LIMITED PARTNERSHIP , the r;EARS PARK CENTRAL LIMITED P RTNERSHIP, the MEARS PARK WEST LIN,ITED PARTNERSHIF, the McCOLL LI ITED PARTNERSHIP, the JACKSO2•� APARTMENTS REDEVELOPMENT COMPANY ILIMITED PARTNERSHIP , and the SIBLEY APARTMENTS REDEVELOPIENT COMPANY LIMITED PARTC�ERSHIP, all being Minnesota limited p rtnerships, hereinafter collectively rEferred to as "P�9ears"; ithe following federally chartered corporations created and exis ing under the laws', of the United States of America, to wit: j ST. PAUL BANK FOR CdOPERATIVES , FEDERAL INTER�;EDIATE CREDIT B NK OF ST. PAUL, and �HE FEDERAL LAND BANK OF SAINT PAUL, I now kno n and referred tol as Farm Credit Services, St. Paul, i and here nafter collectively ;keferred to as "FCS". i WIT ESSETH: � 4 . I � I ' '� , . � �- /03.3 �t� � �I WHER AS , the City and the HRA, through the Downtown Urban Renewal PI oject, Minn. R-20, undertook to c3evelop a pedestrian . skyway sy tem within the Downtown Central Business District, hereinaftlr referred to as the "System" ; and WHEI�IEAS , the City, pursuant to Chapter 764 , Laws of Minnesota 1973, is authorized to operate the System; and WHER AS, the Authority is the owner of Block 40, that block bounded �' Fifth , Sixth, Jackson and Sibley Streets in St. Paul and more articularly described as consisting of R.L.S. 373; Lots 4 throug 9, Block 8, Whitney & Smith's Addition; and Lots 6 through 9I Block 13 , City of Saint Paul; ar�d � WHE� AS, Mears (with and as general partner in the aforesaid limited artnerships) is developing Block 40 pursuant to a Contract for Sale of Land for redevelopment dated September 1 , 1981 , wh ' ch contract provides for certain undertakings with respect o the construction and extension of the System, said developm nt and structures thereon to be referred to collectively as "Galti� r Plaza"; and WHE EAS , FCS is the owner of buildings and structures on that blo k bounded by r^ifth, Sixth, Jackson and Robert Streets in St. Paul located on land more particularly descrined as Lots 1 and 3 , lock 1 , Capitol Centre No. 1 , City of Saint Paul , hereinaf er referred to as the "FCS Buildings"; and WHE EAS , this Agreement touches and concerns the real property described as follows in Exhibit D attached hereto; and . 5 I ,�' � �-�� . � . , , � . WHER AS, FCS, Authority and Mears agree to the construction of a skyw y pedestrian bridge across Jackson Street from the FCS Buildings to Galtier Plaza; and WHERIAS, the parties hereto believe it to be desirable that the Syst m be extended by public easement through the FCS Buildings� to the skyway bridge across Jackson Street and, by public elsement , through Galtier Plaza and declare their � intention to so extend the System; and WHE AS , the said extension of the System necessitates pedestria ingress, egress and transit through certain portions of Galtie Plaza and the FCS Buildings; and WHER AS, all parties hereto are desirous of the construction of the sk way bridge over Jackson Street; and WHER AS, substantial public monies will be expended for the design a d construction of skyway bridges connecting Galtier Plaza wit the FCS Buildings; and WHE EAS , a benefit will inure to the respective property owners b virtue of being linked to the System, and further benefit ill inure to them when the System is extended as above described and NOW THEREFORE, BE IT RESOLVED AND AGREED TO BY THE PARTIES HERETO AS FOLLOWS: BRIDGE C STRUCTION AND COST RESPONSIBILITIES 1. esi n and Construction. The City agrees to design and " cause to be constructed a skyway bridge connecting Galtier Plaza , 6 - - , ,'\ I . � �_/6� :' � � . , i with the FC� Buildings in accordance with City-approved plans and speci f icat ' ons prepared by Hammel, Green and Abrahamson, (HGA) dated July 3 , 1985 and subsequent addenda thereto, and reviewed � i by FCS and � 9ears. City will accomplish any mechanical, electrical and drainaj e systems, installations and connections which are shown in tle approved plans and specifications to be part of the constructi n contract. HRA shall provide as a part of said Plans and Speci ications or an Addendum thereto for a "construction zone" witlin the FCS Buildings which shall extend into the FCS Buildings i rom the east exterior wall a distance not to exceed 8 feet. Tl�e construction zone shall be - sealed off from the interior di the FCS Buildings by a partition wall which shal,l be so design d and constructed that (1) it will prevent the escape of dust f om the construction zone into the FCS Bui ldings; and (2) it sh 11 secure the FCS Buildings against entry from the coristruct$ion zone. The partition wall shall make no provision . for accesl through the partition wall between the construction zone and ! he FCS Buildings; except that for a three week period commenci g on the day the first work is done to establish the construc ion zone, access to the zone shall be allowed from the FCS Buil ings subject to reasonable control by FCS. The total design a d construction costs for said skyway bridge shall be allocate to and paid by the parties as follows. City shall pay a sum eq al to 50� of the cost (which shall be determined solely by the C ty) , which sum shal? not exceed $150,000, for the design . � ' i . ,} i . ' / � p^�/O✓� / /- (Jll/ lf' ♦ t` � • and const uction of a bridge at that location as if said bridge had been designed and constructed pursuant to standard City design, hich total cost shall include all costs for early contract teel and for the provision and installation of support structurel within the FCS Buildings for this bridge. Mears shall pay the r mainder of the total bridge design and construction costs for the bridge as actually cons�ructed, which total costs shall in lude but not be limited to all extra costs incurred because t e bridge design was modified at the request of Mears; design an engineering fees incurred by the City architectural and engir� ering consultant, HGA; construction management costs for City ngineering personnel; the costs of early contract steel already o hand; the costs of bridge construction, finishing and necessar change orders thereto; and the cost of support structur s in the FCS Buildings for this bridge. The Authority agrees tc� make payment to the City for the Mears share of total design a d construction costs within 45 days following the receipt ' y it of invoices , approved by Hammel , Green and Abrahamsq , architects, and by the City, for such costs. 2. �� u ort Structures for the Brid e Within Buildings Over Private ro ert . N!ears shall pay all of the costs for the provisio of necessary bridge support structures in Galtier Plaza. onies to pay the construction costs for such support structur s shall be included in the various letters of credit � required by paragraph 1 above. , 8 1 . � . ' , . . ��-io3-� ., . , . i � 3. Br�' d e HVAC, Lighting, Drainage Systems. Said skyway bridge sha l include the necessary mechanical anc3 electrical i . equipment or heating, ventilating and air conditioning ("HVAC") , lighting a�nd roof drainage. The mechanical and electrical i systems (ijcluding HVAC) of the bridge shall be tied into the respective systems of Galtier Plaza by Mears, which systems shal� be of sufflcient capacity to serve the bridge. Drainage of the bridge rolf shall be tied into the buildings' systems at each end. Purs ant to the bridge construction contract , the bridge . m�chanical electrical and roof drainage lines shall be capped a minimum o two feet inside the Galtier Plaza building line, and the connec ions of these lines to the said building systems sfiall � then be c nnected by Mears. The said skyway bridge shall also include f nishing at skyway bridge ends, terrazzo floors with � marble ed e strip, triple low E insulated glass to the extent I glass is j sed to enclose said skyway bridge, and automatic � sliding gli ss doors at both ends of the bridge. The bridge costs in this p�ragraph are part of the total design and construction costs forjthe bridge. I 4. it Assignment of Warranties. City will include a provision in its contract for the construction of the skyway bridge w ereby the contractor consents to the assignment of warrantie to the owners of the buildings abutting the bridges, and the C ty upon request shall assign such warranties to them upon appr ved contract completion without relinqui�hing its own , 9 , . . . � � � . ��-io.�� .t . rights ur� er such warranties; and, if necessary, will cooperate -- and assi5t in any prosecution of lawful and proper claims such owners m y later assert against the contractor (s) or others arising f om faulty design or construction of the skyway bridge. City agr es to assign to FCS , Authority and Mears upon request all warr�nties on machinery and equipment, if any, installed in connectiol with the bridge construction, without relinquishing its own ights under such warranties; and, if necessary, will cooperat and assist in any prosecution of lawful and proper claims w ich �may later be asserted against the vendors or others arising rom faulty design or manufacture of such machinery and equipment�. PEDESTRI CONCOURSE CONSTRUCTION AND COSTS . 5. oncourse Access. Mears shall at its expense construct and be r sponsible for pedestrian concourses and for vertical access f cilities to. the bridge between concourses at the first and secoi d levels of Galtier Plaza in accordance with this Agreemen and the General Policy Statement for the Construction of the S int Paul S�w� System, adopted January 8 , 1980. The location� and physical dimensions of vertical access facilities and pede trian concourses shall be as described and shown on , Exhibits B and C attached hereto. Access easements at grade from public ights-of-way to interior second level concourses of Galtier laza are also to be granted to City by each respective - owner . . 10 � �:�. . ��_ia� �, . . 6. Concourse Construction. All costs and expense in connectio with the construction and extension of the pedestrian concourseifrom and within the FCS Buildings and Galtier Plaza to the skyw y bridge herein, and access thereto, shall be borne by FCS and M ars, respectively. EASEMENTS AND HOURS 7. rant of Easement and Hours. FCS , Authority and Mears each her y agree to grant to the City a public easement for the pedestri skyway system through the FCS Buildings and Galtier Plaza, r spectively, all in accordance with Exhibits B and C attached hereto. The Authority agrees that it will consent to and join in said grant of easement as to that property to w.hich it bolds ;fee title. Said easements to be granted shall be in the form att ched hereto as Exhibit A and shall grant to the public � the righ of use of said pedestrian skyway system through the FCS Building and Galtier Plaza for purposes of pedestrian ingress, egress, nd transit, except for such reasonable police measures regardinl open hours and closing all or part of the concourse through heir property as the City may, by ordinance, from time to time etermine, or regarding public conduct therein as may be prohibit d by skyway ordinance, as it �nay be amended from time to time. I is agreed by all parties that the skyway bridge herein and the new pedestrian concourses provided for in the FCS Buildin and Galtier Plaza shall be open for public ingress, egress a d transit from 6:00 A.M. to 2:0� A.M. seven days a week, • 11 I . . . ' � � � �-10.3_3 ,, . ` , � . . . . which houls shall be effective through December 31 , 1985. Beginning , anuary 1, 1986, and continuing thereafter, such hours shall be : 00 A.M. to 2: 0P� A.M. , seven days a week, unless FCS shall givel written notice to Mears and the City that the costs of i maintainin such open hours result in a financial hardship to FCS and reduc d hours for the pedestrian concourse within the FCS Buildingslare necessary. On the tenth (10th) day after such � notice i � received by Mears and City, the new pedestrian concourse within the FCS Buildings shall be open for public ingress, gress and transit from 6 : 04! A.M. to 8 : 0� P.t�;, seven days a w k. These hours are subject to revision by mutual � agreementl and subject to the general power of the City to i prescribe 'System hours by ordinance. 8. uture Easements. Nothing herein precludes the parties from ente ing into agreements for the design or construction of future sk way bridges,, or the granting of future easements. 9. ublic Easement Description. The new public easement . through tle FCS Buildings shall be in accordance with Exhibit C and shall! com mence at the northeasterly property line of FCS 'I where th skyway bridge over Jackson Street will cross the property ine to connect to the FCS Buildings and shall extend as , described in said �xhibit. 10. Width of Easement. The public easements provided for herein sh 11 be continuously at least 12 feet in width, except at � nodes, if any, where it may be larger; or where stairways or the , I 12 . � ; � . . I . � . . . ��-io� ., . . structura design of the building is such that a width of 12 feet is impossij le. The existing pedestrian concourse as constructed in the FQS Buildings is agreed to be satisfactory and in complianle , as to width , with this section; and a public easement If the same width is agreed to satisfy FCS obligations in regardithereto. . 11. Easement Survey. Initial easements shall be more particulally described at City expense by a registered land surveyor lollowing completed construction of the public concourse . access a eas. FCS and Mears have the right to review the completed survey for accuracy and any errors shall be corrected at City e� pense. 12. IEasements Public and Subject to Law. FCS , Authority and i�lears agree that the pedestrian concourse within the easement herein d scribed and the adjacent access easements shall be designat �d as public easements and that all ordinances of the City whi h by force of law are applicable to the System shall govern. � 13. � Waiver of Share in Damages. The City hereby waives any — — I right it �I ay have to share in an award of damages in the event that a p blic body acquires all or any part of the aforesaid Galtier laza, or FCS Buildings by condemnation or under the threat o condemnation. Said waiver applies to the easements through he properties but not to the skyway bridge or its end portions ithin respective air rights easements. � � 13 , � , . � ,� Y, ��, -��c3� . , . 14, wnership of Bridge. It is agreed by and between the parties h reto that the skyway bridge between buildings shall at all times be owned by the City, and said skyway bridge shall not constitut property leased, loaned or otherwise made available to second pa ties , or any one of them (within the meaning of Chapter 272.01 (2) �of Minnesota Statutes) , it being understood that said skyway br dge is intended to benefit the public generally. OPERATION MAINTENANCE AND REPAIR 15. City Transfer of Plans, Drawings' Etc. City shall transfer to FCS and M ears copies of all plans, specifications, drawings operating manuals , written warranties , etc., and any other doc ments necessary to or useful� in the maintenance, repair and opera ion of the structure and the electrical , drainage, and HVAC faci ities in and serving the skyway bridge. 16. Sco e of Maintenance; Approval of Modifications. FCS andiMears further agree to provide the necessary repair , maintenar� e and operation of the skyway bridge and its integral parts, i 'cluding electrical, drainage and HVAC facilities in and serving � e skyway bridge, at their sole expense, without cost to the City or HRA. Such maintenance shall be to a reasonable standard of safety and cleanliness and shall include, but not be limited to, glass, floor, hardware and metal trim cleaning, polishin , repair and replacement; roof and skylight maintenance, repair a d/or replacement; repainting; light bulb replacement and � light fixture cleaning. Except for those repairs and , II 14 . . . � � `�'• . (� � -io3� replaceme ts which are (1) routine, or (2) the result of normal wear and ear, or (3) required by an emergency requiring rapid action, C ty shall be furnished with both preliminary and final plans an specifications for all additions, alterations, or repairs nd replacements to the skyway bridge or support structur which plans and specifications shall be subject to their re sonable and timely approval or disapproval before commencem nt of the work contemplated therein. Lack of action on the part of the City to approve or disapprove such plans or specifica ions, whether preliminary or final, within 30 calendar days foll wing receipt of such plans and specifications shall be � - deemed ap� roval. 17. CS and Mears Agreement to Maintain. Simultaneous with the execu ion of this Agreement, FCS and Mears shall enter into a separate written agreement for sharing all the maintenance, operation and repair costs and responsibilities for said skyway bridge, i s integral parts and related equipment. It is agreed that N,eals will provide, at no cost to FCS , Authority, HRA or City, all; necessary systems and equipment to adequately supply all HVAC electrical and other operating utilities for said skyway b idge. 18. Maintenance of the Concourse and Carpet. Mears hereby agrees t provide all repairs and maintenance to maintain the pedestri n concourse in or on Galtier Plaza to a reasonable standard of safety and cleanliness and to provide operating � 15 . . i , . . , � � (� _/03.� .,+ . �- �{o I costs for' said ped�strian concourse; and FCS similarly so agrees with resp� ct to the new pedestrian concourse on and within its property, and the structure connecting to the westerly end of the bridge. xcept for those repairs and replacements which are (1) routine, �(2) the result of normal wear and tear, (3) required by an emerglncy requiring rapid action, or (4) involve solely aestheti', considerations relating to color (s) and surface finishes, � City shall be furnished with both preliminary and final plans an specifi�cations for all substantial additions, or repairs a d replacements to the pedestrian concourse, which plans and spec fications shall be subject to their reasonable and timely al proval or disapproval before commencement of work contempl ' �c�_therein. Lack of action on the part of the City to -� , approve r disapprove such plans or specifications, whether prelimin ry or final, within 301 calendar days after receipt of such plar�s or specifications shall be deemed approval. If FCS or Mears r quest in writing , at the time such plans and specific tions are submitted to the City, that City review be expedite because of special circumstances, lack of action thereon y the City on or before the fifth (5th) business day • after releipt of such written request shall be deemed approval. If FCS Mears use or install carpet or other less durable flooring material for concourse corridors, such carpet shall be replaced with new carpet or other material matching as closely as possibl the original in quality at such intervals as may be 16 I � �,. �� - ��-�°�-� � � determine� jointly by the City and Mears , and by City with FCS for their espective corridors, such new carpet or other material to be su mitted to City for its review and approval , which - approval hall not be unreasonably withheld. Such review shall be limited tl appearance and design in order to insure reasonable uniformit for all parts of the skyway system, and to achieve the design idlntity, continuity, and ease of orientation necessary for the s yway system to function effectively. 19. Failure to Maintain, Remedies. If FCS and Mears fail to adequa ely maintain, repair and operate the said skyway bridge and pedel trian concourse areas through their respective properti � s to a reasonable standard of safety and cleanliness within 31 calendar days after receipt by the affected party or parties o written demand from the City specifying the actions to be taken, the City may undertake said reasonable and necessazy maintenar� e, repair and operating tasks, and the cost by City for , said mai tenance, repair and operation shall be assessed to and shall be Ipaid forthwith by the defaulting property owner (s� or their su eties as applicable; provided, however, that the City retains 1� e right to assess such costs against the party(ies) as a local improvement in the manner provided by law . Notwiths anding the foregoing, if the condition which prompts the - 3� day n tice by the City cannot reasonably be remedied within 3�1 calendar days, then the 30 day period shall be extended by the City to uch time as may be reasonable for curing the condition. 17 , . � , �,' ' y�• � �'o/6�33 ;, . - � . 20. � Advertising; S.ignage. The skyway bridge and pedestrian concourse which are the subject of this Agreement shall not be operated I' or the purpose of advertising the name of any product or busine s or any other commercial purposes other than for or on store frqnts in the pedestrian concourse. No siqnage shall project ut from the wall into the easement area except as subject t the reasonable approval of City befare installation. Nothing erein contained shall prevent the installation and . maintena Ice of skyway directional signs. Plans for all signage shall be submitted to the City before sign construction and installa ion, but the City's approval shall not be required for such plar�s, except and unless such signage projects into the '- easement �' ��'� as provided above. ^ SURETY BO DS AND INSURANCE. ' 21 . $20Pl , �JP10 SuretY Bond; Contractor' s Insurance. FCS and/o Mears shall furnish and maintain a surety bond in the amount of' $2PJ0,0�0.�fd for the said skyway bridge to and in favor of the City of Saint Paul, as obligee, conditioned that said property owners shall indemnify and hold harmless the City against 11 expenses and liability on account of all costs, claims, s its and judgments arising out of or connected with the maintena ce, operation, repair and/or removal of the skyway bridge, ' ts integral parts and related equipment, and further condition d upon the property owners complying with all terms and conditio s expressed and contained in this Agreement as to . 18 . � . . � ,. . '' . . . � �- /� maintena I e, operation and repair and or removal of the skyway bridge w ich surety bond shall be in such form as shall be . approved �y the City Attorney and shall have such surety as shall be approvld by the Director of Finance & Management Services for the City. The City shall procure from the general contractor and provide t! the parties upon request, documentation evidencing that the eneral contractor is maintaining, throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described . iri paragr ph 1, herein, naming the abutting property owners to the skyw y bridge as additional insureds as required by said plans and , specifications, specifically in accordance with Section 4., Gener ' 1 Conditions, and Section 6., Special Conditions of the construct on contract. 22 . Skyway Hazard, Liability Insurance Cost Shared. Insuranc � required by paragraph 24 hereunder for hazard and liability for the skyway bridge shall be a maintenance cost to be assumed y FCS and Mears and shall be paid in accordance with the separ te agreement for the sharing of operating, maintenance and repail' costs that FCS and Mears shall enter into as provided herein. 23. Concourse Hazard, Liability Insurance. Insurance required hereunder for hazard and liability for the areas designate as easements for access and the pedestrian concourse shall be a maintenance cost to be assumed respectively by ' 19 � � ; . � �-i�.� .� . � � FCS and I ears for the portions of the oedestrian concourse located w thin their property. 24. Amount of Insurance. FCS and Mears shall furnish and maintain ublic liability and casualty insurance coverage for the skyway br dge, and each shall do so as to liability insurance for their re pective portions of the pedestrian concourse, with a duly licel� sed insurance company, wherein the City and HRA shall �e desigr� ted as additional insureds; said insurance containing the foll wing minimum coverages : for property damage to the extent o $200 , 000.00 in any single accident; for personal injuries, including death, $60�1,00GJ.00 for each occurrence. Such minimum amounts shall be subject, upon 6� days notice, to reasonab e change by official action of the Council of the- City of Saint Paul, in the event statutory municipal liability limits are alter d by legislation or judicial decision at any time after = the date ereof. The casualty insurance shall have an all-risk or physi al loss coverage in the amount of the full replacement ' cost of � e skyway bridge, as reasonably determined by the City from tim to time. DIRECTIO AL SIGNS 25. Approval , Cost of Signs• The location of directional or other signs that may be installed in the pedestrian concourse herein s all be jointly determined by the City and the building owner. T e City shall pay the initial cost of such signs. The " cost of nstalling, including electrical connections and mounting 20 � . . . r - � � ., , �� . l✓�,-�---�-`�� hardware (pendants, or ceiling channel , and support above ceiling) , I hall be considered part of the cost of construction of the conco' rse, the liability for the payment of which shall be governedjby paragraphs 5 and 6 herein above. The cost of operating� maintaining and repairing the directional signs shall be borne � by the parties on whose properties such signs are located. 'I If the location of the pedestrian concourse public easement " s changed, the said signs shall be moved accordingly, and the c� st of moving and reinstalling signs to a new easement . area sha 1 be borne by City, unless the change has occurred at the requ st or by the action of the party upon whose property said sigr�s are located, in which event such party shall pay all costs. f the sign moving requires a change in the sign face, the chang s shall be made in a manner consistent with the graphic design s tem established for skyway signs, and the cost of such change s all be borne as provided in the immediately preceding sentence. BINDING LIGATIONS 26. Subject to City Codes. The parties agree that in the construc ion, maintenance, repair and operation of the pedestrian concours s, they shall be bound by all City Codes and ordinances governin the System, insofar as they are applicable by force of law. 27. Successors and Assigns Bound. The respective rights and obli ations of the parties set forth in this A�reement shall . � 21 . � � , �� . �-�a�� . . , . be bindi g upon and inure to the benefit of the respective parties, ltheir successors and assigns, and shall continue in force un il such time as said System or that part herein is vacated , r abandoned in the manner permitted by law, or terminate in accordance with the Grant of Easement. 28. FCS-Mears Agreement Not Affected. It is understood that thil Agreement does not govern the relationships and a.greemen s by and between FCS and Mears, themselves to each I other , o her than the requirements of paragraphs 16 , and 21 through 4 above. It is further understood that the Authority consents to the construction, operation, maintenance and repair of the s yway bridge herein and the pedestrian concourse area within G ltier Plaza by the respective tenants of the Authority and thei successors and assigns, but Authority does not obligate itself nder this Skyway Agreement except as provided in Paragrap s l, and 7 through 14 ; provided, however, that the Authorit ' 's successors and assigns, and Authority's tenants who are part es to this agreement and their successors and assigns, shall be responsible for and assume (1) the agreements and obligati ns of the Authority in Paragraphs 1, and 7 through 14 if and to tle extent not com pleted or discharged, and (2) all the agreemen s and obligations imposed upon Authority's tenants who are part es to this agreement. Authority undertakes and agrees that it ill obligate its successors and assigns, by appropriate " and cont actual provisions in any transfer of its interests in , , 22 � � � � . . ` r , . . �G�j-/63� � Galtier P aza to perform the agreements and obligations imposed by this A reement. 29. A reement Survives Conveyance, Is Not Mer ed. This Agreement� shall survive conveyance and delivery of the Grant of Easement rovided for herein and shall not be considered merged therein. . 3�1. � Owners Retain Pro erty Rights; Obligations Conveyed. The propj rty owners herein reserve unto themselves the unconditional right and privilege of selling , conveying and . transfer ing their abutting and/or encumbered or involved real estate he ein and assigning and transferring this Agreement to any oth r corporation , corporations , trust , trusts , individuajl (s) , 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 thejdate of such transfer, of all liability as respects the performa ce of any covenants or obligations on the part of the owner (s ller) contained in this Agreement thereafter to be performe ; provided that owner 's successor fully and without limitati n in writing assumes all duties, responsibilities, covenant of the owner (seller) under this Agreement. For the purposes of this paragraph, "owner" shall include, but not be limited t , lessors, lessees, sublessors and sublessees. 31. i Effective Date of Obligations _ S�wa��. Seven (7) — calendar ays after the issuance of the Written No.tice of Final ' 23 . ,. ' � �-/G._3_3 . . M rs he Inspectiol by the City, and its furnishing to FCS and ea , t obligatio s and duties contained in paragraphs 21 and 24 herein above, as to said skyway bridge , shall become operative. All other obl�igations and duties are effective upon the date of executionlof this Agreement. 32. �I Effective Date of Obligations _ Concourses. Upon substanti�al completion of the pedestrian concourse, City shall give writ en notice of such completion to FCS. and Mears. Seven (7) days �'� thereafter the obligations and duties contained in paragrap s �21 and 24 herein above, as to said pedestrian concours�, shall become operative. All other obligations and duties all e effective upon the date of execution of this Agreement 33. Notices - Address. Any notice to the parties hereunder may be pe sonally delivered, but shall be considered sufficiently delivere if mailed., by registered or certified mail , postage prepaid, s follows: Ia. To: City of Saint Paul Donald Nygaard, Director Department of Public Works Sixth Floor , City Hall Annex 25 West Fourth Street St. Paul , Minnesota 55102 and HRA/City of Saint Paul, Minnesota James J. Bellus, Executive Director 14th Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 551�2 and � 24 - . , � . . . , ` ; �, . (�� -lo�� City of Saint Paul �, Ed Warn, Director Department of Finance and Management Services � Room 234 , City Hall St. Paul , Minnesota 55102 b. To: Mears Park Development Company Robert J. Boisclair Suite 350 2925 Dean Parkway Minneapolis, Minnesota 55416 c. To: Farm Credit Services, Director of Facility Services Attn: John DeCoster , 375 Jackson Street St. Paul , Minn. 55101 , Id. To: Port Authority of �the City of St. Paul _ _ _ Attn: Eugene J . Kraut 13th Floor , City Hall Annex 25 W. Fourth Street St. Paul , Minnesota 55102 � A pa ty may, by written notice, designate a different address t which notices to it shall be directed. SAVINGS C AUSE ' 34. iSkyway Policy Pertinent. The General Policy Statement for the C nstruction of the Saint Paul S�w� System, adopted January 8� 1980, attached hereto as Exhibit E, (not including any later ame dments) is hereby incorporated into this Agreement and its terms shall be binding as to the bridge and concourse areas construc ed pursuant to this Agreement. In the event any provisio of the General Policy Statement conflicts or is inconsist nt with this Agreement, this Agreement shall supercede � and be co trolling . � 25 . . , �. � ' . . � ��d.� � , . 35. Captions, Headings, or Titles. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of reference only and shall not constitu e a part of this Agreement as a limitation or enlargeme t of the scope of the particular paragraphs or sections to which hey apply. �I � � . . � � 26 � I ' . . � , ; ,} t ' . /� � -l�� . l, APPROVED P�S TO FORM CITY OF SAINT PAUL . - � BY � �O��f.�� I s M r I By � It ' re o , Department of la ing and Economic elopment . B � Its Director , epartment of Finance a Management , Services - By Its City Clerk � , 27 � . . . I �� . �,--� ,�3 � � STATE OF INNESOTA ) ) SS . COUNTY OF RAMSEY ) The oregoing instrument was acknowledged before me this � d y of �� ';�j , 1985, by GEORGE LATIMER, Mayor of he CITY OF SAINT PAUL , a municipal corporation of the State of innesota, on behalf of the City of Saint Paul . . •�°��;;;,. S ANNON M. JOHNSON � �: }� TARY PUBLIC-MINNESOTA '"��`,� RAMSEY COUNTY ' �'�.....••' My ommission Expires Jun87�19� STATE OF INNESOTA ) ) SS . COUNTY OF ' RAMSEY ) The oregoing instrument was acknowledged before me this 1 � � d y of � , 1985, by JAMES BELLUS , Director, Department of P anning and Economic Development for the CITY OF AINT PAUL, a municipal corporation of the State of Minnesota on behalf of the of Saint Paul . � ��-r�, , ... . ».4�. 9,4 .. :,�� . . �r .� D., ., .._. - � �'}p' �.: ��:C �t `t � ' .: . .� ' �� _�-�� r$�'�,F; n� d J C 1 r i,j� �. 1 zY� � - ��Y Comm�sa;cn rxpiras June 13, , � �.��x�'^"� �'� � ` i3�, � �.i� STATE OF _ INNESOTA ) ) SS . � COUNTY OF RAMSEY ) The oregoing i t ument was acknowledged before me this �0�' d y of , 1985, by EDWARD WARN, Director f the Department of Finance and Management Services for the CITY F SAINT PAUL, a municipal corporation of the State of yinnesota on behalf of the City of Saint Paul . r � � gq cBpRA J. ZUSAN �, �'—' ' Cr'nTARY Pu�1.iC.—trilbi+iESOTA RAiv1S�'t COUN?Y �� MY OOMM.EXPIRES MAY 3, 1990 � titVr+v'W 28 ,. �,�, � � . . ��-�� STATE OF INNESOTA ) ) SS. COUNTY OF AMSEY ) The� � oregoing instr.ument was acknowledged before me this �D day of �[„�� . 1985, by ALBERT B. OLSON , C ty Clerk of the CITY OF SAINT PAUL , a municipal corporati' n of the State of Minnesota, on behalf of the City of Saint Pau . � �r� . /i'C � `�-��"'.�' ��E? ,�;�'Y "}�. �i(�rL�EL �l. P.:('�I ,' D!li.�..�. - .. '�� _�i�'IA ��'�`�,,h ` � � <<_�` , C+._.u i'e.i Y '��•`•= �L'ly Cc ��sion��pires Gct.15,1990 . 29 � ; . ��. ��-�o:.� MEARS PARK DEVELOPMENT COMPANY, A Minn�sota gQneral partnership B Y R rt . oi air , . i e,nt The Boisc air Corporation G�neral Partner ^ � BY Patric M. u , a Partner o Alpha Enterprises , General Partner MEARS PARK EAST LIMITED PARTNERSHIP, a friinnesota limited partn�rship By : MEARS PARK DEVELOPMENT COMPANY Its �neral Par ner , By R ert J. �1 _ air , Presi ent The Boisc air Corp�ration General Partner 9 By ; Patric M. u_ r , a Partn�r o Alpha Enterprises General Partner • 3•0 ' ;. � , ,• /I...�� /0.33 ,-, . • � (.�`_ � MEARS PARK CENTRAL LIMITED P ene PARTNERSHIP, a Minn_sota g ral partnership By: MEARS PARK DEVELOPAiENT COMPANY Its Ger.�ral Partner . B Y R ert J. oi c air , resi ent The B�is�lair Corporati��n General Partner . ,, � . g y �� -�., Patri� M. Ru. r , a Partr.er o Alpha ��tPrprisPs General Partner 31 , . .. . . , � C�r„ - � -/a.�� , ,,�r � LIMITED MEARS PARK WEST PARTNERSHIP, a Minnesota limited partnership By: MEARS PARK DEVELOPNIENT COMPANY Its neral Partner By Ro rt . is ir , esidsnt The Boiscl ir Corporation � Gen?ral Partner � �Y � Patric h�i. Ru r , a Partner o Alpha EntPrprisPs GenPral PartnPr I i . 32 . . . I , �: � . , .�, �//.r��j_�Q-�� r � McCOLL LIMITED PARTNERSHIP, � a Minnesota limited partnership By: NiEARS PARK DEVELOPMENT COMPANY - Its General Partn�r � By • Ro rt J. oi � air , resi ent The Boisclair Corporation General Partner ; , By � Patric M, u r a Partn�r of Alpha ��tPrprises GQneral Partner . 33 � , . . I . , � _ . ► �-/d�� ; ; . i JACKSON APARTMENTS REDEVELOPNiENT COMPANY LIMITED PARTNERSHIP, a hlinnPsota limited partn�rship By: MEARS PARK DEVELOPNiENT COMPANY - Its Gensral PartnPr i By o rt . is� air , President I� The Boiscl ir Corporation General PartnPr By Patric M, u r , a partner o Alpha Ent�rprisPs General PartnPr I � 3�4 I • ' !I . ° w �_ ' /�'�� -/J.�-3 . v�- ' I I SIBLEY APARThiENTS REDEVELOPNENT � COMPANY LI�iITED FARTNERSHIP, �� a Minr.es�ta limited par*_nership � _ By: T9EAFiS PARK DEVELOPMENT COMPANY � I=s Ger.eral PartnPr . ' $Y rt J. oisc air , Presid�nt The Bois�lair Corpora*_ion � GenPral Partner By Patric !��. Ru r , a Par*_ner o Alpha Er.terprises General Partner STA'I'E 0�' M NNESOTA ) ) ss . COUNTY OF MSEY ) On th' s _5��'� day of ? . 1985, , before me , a Notary Pu�I�ic withia a� or sai County , appearPd ROBERT J. OISCLAIR and PATRICK M. RUHR, who bei �g each by me duly sworn did say that they are respectively the P�esident of the Boisc air Corporation and GenPral Partner of Alpha Enterpris� , which Pntiti�s are General Partners of NiEARS PARK DEVELOPMEN COMPANY, which in tur:: is a Ge�Aral Par*_r.er in MEARS PARK EAST LIMITED PARTNERSHIP, MEARS PARK CENTRAL LIMITED PARTNERSHI MEARS PARK WEST LIMITED PARTNERSHIP, NicCOLL LIMITED PARTNERSH P, JACKSOIJ APARTMENTS REDEVELOPMENT LIMITED PARTNERSHI AND SIBLEY APARTMENTS REDEVELOPF'.ENT COi�?PANY LIMITED PARTNERSHI that thP foregoing ins*_r:�men*_ was signed on behalf of and by uthority of ths rPspective part�Prs a�d partnerships, and acknow Adged that said instrument was the f�e? art and deAd �f said pa tners and partnerships. , . `--/'/�• . "�"`` r'\udrey M. I<rauter 3 S NOTARY pUBLIC-MINNG�IOTA MCNNGrIN COUNTY � MY COMMt��ION CXpIRL/�Q� '�(� ')(�g�+ , . . Y. l , , � -�a3� . i � . i THE FEDERAL LAND BANK OF ST . PAUL By � � Its Senior Vice President, Corporate Services ByItS V��e pr@Sideni� Fa�� l�+ a�d �ffice Ser��ces i STATE OF MINNESOTA ) ) SS. CQUNTY OF AMSEY ) On t ' s � day of �C��B'�.��-- , 1985 , before _ ._ _ m , a �1o�ary Public within and for said Count , appeared and �� ► to me pers nally known, who, bein each by me duly sw'orn, did say that they are respectively. the � �t� .� ,�.-�.;e.o and 1�� v�- hC�-�--e� of THE FED RAL LAND BANK OF ST. PAUL, a fe era y chartered corporation, that said instrument was signed by the authority of its Boa� Directors, and said and acknowled ed said instrument was the free act an deed of said corporatio . . � i Cb�f � r TAIVIRA 1.MEDIWA i � NO'TARY PUBLIC—MINNESpTA HENNEPIN COUNTII . MY COMM. EXPIRES JUNE 28,1989 x ■ 36 • . . . � � : '. _/d3� .y . . - C�� . � ST. PAUL BANK FOR COOPERATIVES BY UJ�!/'��G,r�• `� ��-...��t/ Its Senior Vice President� or;��rP services BY Q� _ _ . It$ V�ce P,-es�dent��a<<�i'I�,(c�..d �{{�c[� SP✓✓��eS STATE OF INNESOTA ) . ) SS . COUNTY OF �RAMSEY ) , i _ - Or� t I is � day of 0�� , 1985 , before me, a Notar ublic , within and for sai d County , appeare d ) � � and � , to me per onally known, who, being each by me dul sworn, did say � that the are respectively the ,.�ic_,1/�'�.ir�,/'-c.oc.t.Z�S�.c,��C� and the �,��__ c�t�,��e�Z�lt,G.�-C.�� o f t h S T. P A U L B A N K F 0 R � COOPERATI ES , a ederally chartered corporation, and that said instrumen was sic�ned by authority of its Board of Directors, and s a i d � a n d n��c.o � acknowle ged said instrument was the free act a d deed of said corporati n. � 6 �' � i ■ TpMRp,i. MEDIPIA t1p7ARY PUBLIC--MINNE�TA �1 HENNEPiN COUN�'� My�p�11J1.EXPIRES Ni�28,1989 * ti 37 � . : � ��,o� . . FEDERAL INTERMEDIATE CREDIT BANK I OF ST. PAUL B y /��lLZ.ElX� Gt/ v .� ItS GPninr Vice President� Cor�nra P SPrvices I - BY ItS V�c-e .PrPs�dev�f� �'�.c� l��.i And (�ff�cP Sev�+cPs _� f STATE OF M NNESOTA ) ) SS . . _ _ COUNTY OF AMSEY ) 0 n t h I s � d a y Q f ��' -�c��-�-�-� ► 19 8 5 , b e f o r e m e, a Notary P bl ' c with ' n and for said County , appeared and ��it��, ,� , to me pers nally known, who, being eac by me dul sworn, did say that they , re respectively t�ie ,,�iL, L�T-�� and the -d clQ�vl.•�-('� of FEDER L INTERMEDIATE CREDIT BANK OF S . P UL a . federally chartered corooration, and that said inst ument was signed b the authority of its Board of I? i r e c t o r . . , a.n d , s a„i d __�l��,�,,�e� C�4�._Q_(,c�2z,t�.�,�_ a n d � _ �� ,��_� _ acknowledged said instrument was the free act a d deed said corporation. � � . * TAMRA I. MEDINA � �' NpTARY PUBLIC—MINNESOTA , HENNEPIN COUNTY NIY COAAM.EXPIRES JUNE 28,1989 y . 38 � . i . '� _�0.�3 � • • - � �_ I I I PORT AUTHORITY OF THE CITY OF SAINT PAUL . B ` � T 1 I � STATE OF M NNESOTA ) ) SS. COUNTY OF AMSEY ) The f regoing instrument was acknowled ed before me, this � day f CJ��„�,�. . 1985, bY o� Cf - � . of the POR AUTHORITY OF THE CITY OF SAINT PAU , a body corporate and polit c under the laws of Minnesota, on behalf of said Authority. ' ` � - - - . • -�u,..r� , � ,�TA ✓// �i�ey�--' � ►+oT�r � MY COMM• 5�.18,i� � . r � 39 , . . . : . ��_�o.� . . ' GRANT OF EASEMENT (Form) WHER AS , ( Name ) , a ( describe Grantor's orm of organization and name partners, if any) , which are is hereinafter called "Grantor", are/is the owner in fee and of that certain land situated in the City of Saint Paul, County of amsey, State of Minnesota, more particularly described in Exhibi 1, attached hereto, hereinafter called "Grantor's Property";', and wHERE S, Grantor has agreed pursuant to that Agreement dated by and among the (name of third arty) , the City of Saint Paul, a p blic easement for purposes of pedestrian ingress, egress an transit through Grantor's Property for the pedestrian Concourse System of the City of Saint Paul , hereinafter the "System" . NOW HEREFORE, in pursuance of that Agreement, and in considerat on of the sum of ONE DOLLAR ($1.00) and other valuable considera ion, the receipt and sufficiency whereof is hereby acknowled ed, Grantor, for itself, its successors and assigns, does here y grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian ingress, gress and transit, in and through the Grantor's Property a d the structures thereon, described as: . i all of whi h above-described areas shall be collectively referred to as the 'easement area" � Publi use of the easement area is expressly herein made subject to such reasonable police measures regarding open hours and closi g any part or all of the easement area within, on or over Grant r's Property during non-business hours, and regarding public co duct within the System, as the City of Saint Paul, by - ordinance, from time to time determine. EXHIBIT A 40 � � . ., • '• . � �� -/�.�� The ublic's right herein to pedestrian ingress, egress and transit, i; and through the easement area granted to City herein, shall als be, and hereby is, mac3e subject to such reasonable measures egarding open hours and temporarily closing part (s) or all of th easement areas within or on Grantor's Property as the . City of aint Paul may, by agreement with Grantor or its successor and assigns,, from time to time determine. This provision shall not diminish the City's right to, from time to time, exej cise its police powers unilaterally, by ordinance, concernin open hours, or temporarily closing part (s) or all of the ease ent area, or concerning public conduct within the System, n r shall such agreed or legislated hours in any manner restrict ity's easement interest, but shall affect only the public's r'. ghts to pedestrian ingress, egress and transit in the City' s eas ment during the hours so agreed or legislated. The ant of easement herein shall be subject to the right of the Gra tor to change the location of the easement conditioned � upon the grant of a new easement which shall permit the continuit of the System, and on the further condition that the new easem nt area shall be installed at the sole cost and expense of the Gr�ntor , and, on the further condition that no change in - - the easem nt location shall be made without the approval of the City of Sa ' nt Paul, such approval not to be unreasonably withheld and, on t e further condition that said new easement shall be surveyed nd described by a registered land surveyor at the expense of Grantor. � Notw thstanding anything to the contrary herein, the easement ranted herein shall be limited to the life of the improveme ts constituting the System and shall terminate upon the happening f either of the followi,ng events: . In the event any easement granted herein is vacat d, abandoned or discontinued in the manner permitted by la . . In the event the building (s) in , upon or over whic the easement area is located shall be substantially destr yed or demolished and such building (s) shall not be repa ' red or reconstructed; provided, however, that in the even such building (s ) be reconstructed or replaced , Gran or, his successors and assigns agree that, without furt er consideration , a substitute easement of subs antially equal convenience, area and general confi uration shall be given. In the ev t the easement or any portion thereof is relocated, vacated o terminated under the provisions hereof, City shall . 41 �, . • , . � �,r � _/��3 .� . L� furnish a I elease of such easement or portion thereof to Grantor, its succes ors or assigns. Grant r, for itself, its successors and assigns, does hereby agree tha for and during the life of said easement, Grantor shall be sponsible for and provide for the cost of all repairs, improveme ts and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall run with the 1 nd. TO H VE AND TO HOLD said public easement for pedestrian ingress, I gress and transit until the System is vacated or abandoned in the manner permitted by law or terminated, in accordanc herewith. IN W TNESS WHEREOF, Grantor has hereunto set its hand this y of , 1985. By � � � - Grantor ' s By Grantor ' s STATE OF I� NNESOTA ) . ) SS. COUNTY OF AMSEY ) On t is day of , 19 , before m ', a Notary Public in and for said County, appeared and , to me person lly known, who, being each by me duly sworn, did say that they are respectively the and , of said Grantor , and that � -------- ---------------and ------- ------------ --------------------------- acknowled ed said instrument was the free act and deed of said Grantor. 42 � • v+ �'► • ' r+ x � � � . �s :_ . . - �. .r , � -�---•--• ' ---�- � -- _.. .. _— -� - --r------ -- e�-► Q . • 1 . 1 '. '-� � � � �/43.� � = � � J ckson Street '� ► J � � ' .1 1 - � � � � _.,` �� .: , _ .....- � �� ,_.,' ,� .. 3 _'�� ,,�� ... :J � � .� . � - � — :,� ■ ,I �., _ r• II O • ~ .1 I J rt � � ! � ! p � rJ, � ! � I d [ f � ■ ■ ■ ' � ry t',^� - a 3 '� � 4�1 R : I ■ ■ � • I . I,, ' � �� . . � �,; � X � j 1 � ,.�, ,: t ��. %r-: � � •r I � ■ ■ ■ � ■ X � ' .-( -- '`' --1 � , /! . I . � . . _ � ' � ■ • ■ I � 1 , � x � . I � - �. 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I '' ■ � � ; � . � . . � ; ' ! cn ._ __. i I � . � . . i I � . � � � - � �. t � :c; � � ' n t . Ja � . �D i . . + _ � i • - � � R l a � '� �� . : ' • . . � 1 -n ,. c, � :�::�� 3 � ' 1t - n '' � � 1 a � i � . - _..-� `+ — ' N -- -- / � �I �. ' ' '' N ( I • I . �� I � .. � '. - i . , � �.• t I � I ' � . . ; .�Yiiw:i'C t � ��e;;+'+,�� I I ' . i. . . l �:. ...3i � '�::: ,:.....: ` � �::::�::: , Jac son Stree# ��::-,, `�f�N m �'�"'��' °.� � �f�':,.' ' ;:4,;'r = ;.;:.:.:. 4' ;;tiii� .-� L;'.•r�•,' { i�lD Q C+ p :'��::• �. p� "S tG ". 4f:";';: � iN �. —� �.rJii.• � � rD a r � � 1 � I�"'l � �'" ' • � � � 9 � � = j , , , � r tC tD < c� .. � (D = � T i , > � —' ' ^ J J r7�► . j �Y/ J SL ' N � • ' � I i'�' � • , ?• � � �'' ... ' � . , � 1 .I " • �' � �_�p3.,� ti` �` . � . I EXHIBIT D — � Legal Description of the Property . (both FCS and Ga2tier Plaza) - . . . 43 " � . i . � � . � . � •�^` , , �/'''' -/0.�3 r • — � � . . l.// , � i GENERAL POLICY STATEMENT ' FOR THE CONSTRUCTION OF THE I SAINT PAUL SKYWAY SYSTEM i . ADOPTED BY THE CITY COUNCIL OF SAINT PAUL, MINNESOTA JANUARY 8, 1980 . . �- - �. : � DcPARTMENT OF PLAI�lNING AhD ECONOMIC DEYELOPh4ENT • � OF THE CITY OF SAINT PAUL, MINNESOTA • � . . This Policy Statemen; Supersedes and replaces the General Polic}� Stater��ent . . Pedestrian Concou;se System . Downtown �Jrban Rene��al Project . Minn. R-20 • ,, '• Ado ted b the EXhf/8/ T • � • P Y I �-ini�cino nnrt RP/'IPVPIf1fliTPf11 Attthnritv � r , ' ... � � . ' � ' ' r 1i- � , • . . • • y � GENERAL POLICY STATE�IENT FOR CONSTRUCTIOh OF . THE SAINT PAUL SKYw'AY SYSTEM � ' TABLE OF CONTENTS - PAGE NUMBER A. PURPOSE AND GENERAL DESCl21PT10N 1 . 8. DFYELOPMENT PI2Eti1ISE5 AND CONSIDERATIOhS 1 C. SKYWAY SYSTEM ELE:��ENTS DEFINED 3 1. Con�ourse Corridors 3 2. Nodes 3 ' 3. Bridges 3 4. Bridge Support Structure.s and Services 4 :5. Vertical Access Facilities 4 D. COST SHARING AND FUNDING POLICY � ' --- . 1. Bridges S 2. Concourse Corridors and Nodes s 3. Bcidge Support Structures and Services . i 4. Vertical Access Facilities 6 S. Directional Signs 6 - . � � 6. Hardship Determinations 6 . M � �. RE�UIREtvIENTS FOR EXPENDITURE OF CITY FUNDS IN HARDSHIP CASES 7 1. Cost Estimates and Reimbursements � 2. SLbmission of Plans . = � � . F. D.tSI�,N A!�U :v�ATEit1ALS RECIliIRE��i�I�TS AND STA(�DARDS � : l. Skyway Syste�n Symbol � 2. Skyway System Graphics � 3. Skyway Equipment $ 4. Skyway Floor 4laterials 9 5. Concourse Ceilings and Lighting 9 � 6. Skyway System Walls 9 � 7. Skyway Colors l� �, � G. E�SE��E�T EtE�UIREn•tE\TS � 10 � H. UP'ttZATIOI`' Al�U i�iAlt�'l'ENAf�CE REQUIREi�1ENTS 11 � ` . . t r'� ' w . � �'�0-3-3 • � . • - . . A. PURPOS AND GENERAL DESCRIPTION . Beginning wi h the Downtown Urban Renewal Project Area—Minn. R-20, the Housing and kedeveJopm nt Authority oi the City of Saint P�ul has developed a skyway system in - � . do�•ntown S�'nt Paul. � As used her n, the term "skyway system" is inclusive and encompasses the following: . tl) concours corridors, (2) node points in the concourse corridors, including, wherc feasible, one major n de c�Fltral to e�ch block, generally at the point where several concourse corridors intersect, (3 brides spanning streets, (4) certain vertical access facilities connnecting, the concourse c rridors to public streets or other pubtic property. The �rimary purpose of this skyway syst m is'to divert pedestrians f rom the minimal width street level sidewalks, enabling •pedestrian t affic to rnove in an enclosed environment protected from aoverse weather and vehicul traffic. Tne skyway system has significantly reduced pedestria�-vehicle conflicts at street lev 1, particularJy during periods of pe�k traffic, thereby permitting a smoather ' flow of vehi' ular traffic and greater safety fo- the pedestrian. .,:�. -- f,nother irnp rtant benefit of the skyway system is the opportunity afforded developers to provide s �op and office space abutting the concourse. In the use of such shop space, tne public w 11 be unhinoered by adverse weather conditions and vaffic, thereby promoting the desirabi ty of shopping and doing business in the connected buildings and contributing .. 't;: the econojnic strength of Do��ntown Saint Paul. The skyway system, through the efforts � � �of the devel pers, also rnay contain sculpture, w�ter displays, artwork, and ott►er elements contributing to the aesthetic and cultural enrichment of the citizens of the City, thereby becon�ir�g a ocus of activity in the downtown area. The genera! Jocation of the skyway system, incl ding concourse corridors, nodes, vertical access facilities and bridges are shown on th ottached map. � . . � . . B. UEVELO h-1ENT PRE.v1ISES An'D COh'SIDERATIONS Incorporatio of the pubJic skyway system into private development and building o�•nership presents so e unique implications for both the public, owners, and redevelopers. With . rrcognition f the public and private interests involved in the skyway syste►n, certain � Nr<<ni�C� iia �e been established relatiny to tne system, anu these pre�nises are oasic to • tt;C retiulati �s dno devel�pn�ent criteria established for the skyw•ay s��stetr, as set forth �n succecuin � secti�ns. The iollowing premises�apply to the entire sk��•ay s��stzm, even �hn��'r� nnrti nc nf rha cvctPm rt�nv hrs h�iilr hv nrivatP hiiilriinv o�ners or develoflers: � -2- : ��r , � , � . ,, � � , . . 1. The skyw�ay system will be.entirely enclosed and capable of being heated and cooled � to a temperature compara,ble to that maintained in office and retail areas. The term . "enclosea" shall mean protected froin the weather, though the area of the skyway system need not necessarily be confined by its own walls. The concourse corridors and bridges v►�ill be constructea at a standard width of 12'0", with a larger area to be developed at nodal poinu. Those segments passing through existing improvements to remain will also be at a standard width of 12'0", except where in the judgment of the City, physical limitations of existing buildings, such as column spacing, fixed vertical element locations, window opening, etc., render achievement of a 12'0" width impractical, or would constitute an undue hardship to the owner. In such instances, a lesser width may be dllowed. 2. The success, that is the oegree oi utilization of the skyway system, wil! be directly related to the convenience anci comf ort it aff ords pedestrians in the downtown. 3. Any and all public expenditures fo� the skyway system must be limited only to those improvemenu that are of public cenefit: While adjacent buildings may derive periphera! benefit irom�a public skyway abutting their properties, no segment of the skyv►�ay system i� or�iu facilities that are of primary benefit to private interesu can be constructed with public monies. The City shall reserve to itself the sole and final determination as to what � improvements are of public benefit. 4. The sicyway system must have a design identity of its own, distinguishing it fram other �� areas v.�ith pu�lic access within buildings as an aid to citizens in finding their way throughout the system. Further, where public funds are expended for the skyway system, it must be possible to readily ident'ify those areas publicly provided so that the citizens are cognizant of their right to use sucn areas. The system must possess directional clarity and be accessibie, identi€iable and continuous. � S. The s►cyway system must functionally and visually heJp to unify the downtown. It should � be urban in character ana should provide a variety of special experiences; it should not be of monolithic design throughout its length. The skyway system should possess a variety of floor to ceiling heighu and abut spaces of varying design and activities. Nevertheless, it rr�ust still possess enough common elements to provide the directional clarity, continuity ano ioentity required. , � , ' r�. �� •� . -3- . � lD3j • �+� � • . � (�(j_ • �, . . C. SKYWA SYSTEM ELE�9ENTS DEFINED The skyway � stem consisu of five elemenu: I. Concours I Corridors - Concourse corridors wilJ run through a block from building face to building f ce connecting to a skyway bridge. The prin�ary �ublic purpose of such concourse corrioors is t e accommodation of pedestrian travel from point to point, and as such, a standard wid h of 12'0" is established for such elements. ?. Nodes - I des a�e the points of intersection of severa! concourse corridors and/or the Jocation f a vertical access facility. At such points, peciestrian traffic is likely to be heavier a e mcving in varying directions, directional decisions are made, and other activizies m y �e occurring. Such nodes must clearly possess a design identity and �haracter _ separ�ting t m from abutting private areas, and must be primarily oriented to the public purpose of a commodating pedesvian travel in the skyway system, inciuding orientation, airection ch nges, and congregation or vertical movement to street level. The size and � configur�tio of the node will be dependent upon the number of concourse corridors intersecting � its location ithin the downtown and the overall skyway system, and the amount and nature of �nticipat ' pedestrian activity within the �ode. The node must be large enough to 'accommooat anticipateo pedestrian activity and to constitute a special area of importance witnin the o erall skyway system. Theref ore, a wider than I2-f oot standard concourse area a-ill be equired, where possible, at one major node in each block and may be necessary at other nod' s. Secondary nodes rnay also occur in some instances, especially at poinu of vertical a� cess to the street. V�'here appropriate, such arezs shall also have a width wider than t e normal 12 feet appropriate for concourse corridors. _ . . . 3. t3ric�es , Brid es enerall s •an streets and sidewalks between property lines and perform g g Y P - . ess�ntially t' e san�e public function as concourse corridors; therefore, the bridges will be • bui:t with a tandard clear v��iath of 12'0". Also, the City of Saint Pau! currently �equires a minir��um idge height clearance of 17'4" at the center of the street which it spans. brieges rnay pan private property but must connect to an acceptabJe se�,ment of tt�e basic skyway syst , giving access to a puclic street or otner public property. Elridges v��ill be uf a cor�siste t design throughout the downtov.�n area, consisting basically of exposed steel vierenceel t sses painted deep brown, with terrazzo fJoors and an e�,s crste �rid luminous . ceilinb. . . _�_ .,�w: , � . . � �� - � �• . 4. Brid e Su ort Structures and Services - Bridge support structures will support the bridges � � at eitner end and will be cont2ined within the buildings unless it is structurally necessary , to provide bridge supports independent of the building. Bridge services are defined as those elecvical and mechanical systems which provide heating, cooling and electrical service to the bridge. Also included is the roof drainage system. � S. Vertical Access Facilities - Vertical access f acilities in the f orm of either stairs or � es�zlators provide access to the concourse nodes, corridors, and the bridges from the stre�et, . Vertical access be�ween the concourse and street level will be rec}uired throughout the skyway system with'escalators being required at the principal points of access to the skyway � system. Generally, vertical access must be provided at or near each end of the bridges crossirig streets and may also be required at other locations within the system. Elevato�s will also be required within each building in the skyway system to provide vertical access f or the handicapped. D. COST SHARING AND FU�DING POLICY � � � The following cost sharing and funding policy applies to all skyway system elements (concoUrse corridors, nodes, bridges, bridge support structures and services an d ver ti c a l a c c e s s f a c i l i t ies) not unaer a construction contract at the time of the adoption o f t his po l i c y b y t h e Cit y Council, unless otherwise specifically exempted from this policy by the City Council. Such ' sk�-way system elements specifically exempted by the City Council will be covered by �� the General Polic Statement - Pedesuian Concourse S stem-Downtown Urban Renewal � � Project-L�innesota R-20, as adopted by the Housing and Redevelopment Authority of the � City of Saint Paul, Viinnesota, Revised August, 1972. This cost shacing and funding policy is considered to be consistent with St. Paul's adopted Capitdl Allocation Polieies. The skyway system is consideced to be a Service System Improvemen � and any proposal for an addition to the existing skyway system must be based on the merits • . of each proposal as to its economic benefit to the City. The sole and final determination for each addition to the existing skyway system wili rest with the City Council. ,. �, ' '�, Y' ` � � _5_ �' �`��.3.� . � , _ �. . . . . , . . , 1. brid�es - I he City will pay not more than one-half the total cost of each skyway bridge,. including con truction costs, architect's f ees and other associated costs. The exact amount will be negot� ted between appropriate City staff a.nd benefitting building owners or developers. _. Tne City Cou cil will make the fina! determination on the exact cost to be borne by the � City. � I . . 2. Concours I Corridors and Nodes - 5enefitting building owners or developers will pay. all costs f or onstructing, remodeling or reconstr�c:ing their buildings to provide acceptable concourse co ridors and nodes througn their buildings. 3. Brid e Su o.*t Structures and Services - The developer or building owner at each end. of the bridge will be responsible and will pay all costs for the provision of structural supports witnin the bu lding, which are necessary to accommodate the bridge. The City wil! not be financiall � responsible for such increased structure to support the bridge, nor will the City build in I ependent supporu ior the br,idge 2t ei:her end�at iu expense. ` �4'ith respectyto bridge services, the building owner or developer will design and connect the mechani al and elecvi�al systems of its buil�ings to the bridges and supply to the bcidge facilities thd necessary heat, cooled air; and electrical power from the mechanical�and . elettri�al sy tems of its buildings, unless the building owner or developer is advised by the - � , •C�ty that, f a specific bridge, a previously constructed building'already contains such , �` . � f aciiities. Wf erc a bridge connects the improvements of one developer or building owner with that of i other developer or building owner, each party so connected shal! be responsible fur agreeing1 s to how they will share the cost of providing the required mecnanical and elecuical se vices to the bridge. •Such a cost-sharing agreement must be reached hy the aff ected pa ies and submitted to the City f or its approval prior to the start of bridge constructi For briciges ne�� builoinss for which the location is determined at the time of warking � draw:ng pre aration, the oeveloper's working drawing and specification wil! incluce mechanical and electric 1 equipment design, location and connections to supply necessary services to the bridges. For b�idges where precise location is not yet determined at the tirT�e of working � drawing co plezion on the buiJding, the developer must agree to retain the service of its architect, a the time such bridge location is determined, to provide necessary oesign servites ' as stateo ab� ve. � ' . '� ' . � -6- • , , . . • �.. '. ' ' ► '.. �. .. � The b�iJding owner or developer must agree to retain the services of its architect to provide information, drawings, documents, and to spend the time necessary with the City's archit�ct in order to coordinate the provision of inechanical and eJectrical facilities to the bridge and to resoJve all structural, aesthetic and related matters relative to bridge �onnections. Al! such design, consultation and coordination will be accomplished in a timely manner so as to permit consuuction of the bridge as soon as the two buildings to which the bridge connects are capable of receiving the bridge. 4. Vertical Access Facilities - Verti�al access facilities will be installed by the benefitting building owner or developer at no cost to the City. Existing vertical access facilities will be used wherever possibJe. The City Council may, at its sole and final determination, require the installation of escalators or elevators as pan of the skyway system. The benefitting building owner or developer will pay the costs of such vertical access facilities. S. Directional Si�ns - The City will pay for the manufacture of all iliuminated directional sign�.boxes and •��es within bwldings. The benefitting building Awner or developer wil! pay al! cosu for supporu, elecvicaJ service, ins►allation, operation, maintenance, repair � and replacement�of such signs. Such directional signs shall be installed by the building owner or deveioper prior to the opening of the skyway bridge, or bridges, for public use. - ._6. Hardship Determinations - if a benefitting building owner can show to the satisfaction of the City that the costs noted above constitute an economic and financial hardship, the Ciiy may consider financial assistance to any building owner (other than a developer) in an amount not to exceed the market value of the square footage of that part of the building •� � which is required for second-leve! skyway easement pu�poses. Developers shall not be eligible for such.hardship determination. hs used in this section, developer shall mean that person, 'partnerst�i�, joint venturz, or,corporation who is constructing a building or building addition ' to which a skyway bridge will be connected. In cases where the modification of inechanical and electriccal equipment in a building proves � economically inf easible, the City will consider providing the necessary mechanical and electrical equipment as part of the skyway bridge. The City will make the findl deterrnination �s t� v.-hetner modification of inechanical and electrical equipment is, in fact, econorni�ally ' infeasiDle. The City Council will make the final determination on all such hardship cdses. " .• ti ' . ., . � �' �`. • . `a 3 � :, � -�- _ . �.rc d�- , ,, . . E. RE UIREM NTS FOR•EXPENUITURE OF CITY FUNDS 1N HARDSHIP CASES . t'ma les and Reimbursements - As requirements to the expenditure of City l. Cost Es i . monies f or sky y system construction where the City determines there is a hardship to the building wner, preliminary plans and cost estimates therefor will be submitted f or approval by he City. In no event shall the City provide monies under the provisions of this documer� for improvements which are not clearly identifiable as part of the skyway system. The co� t estimates provided by the owner will include the estimated square fooi cost of a!1 finis es integra! to the area of the skyway system as set f orth in Section F. . Such cost infor ation shall included estimated costs for approved vertical access facilities to be provided I y the owner. If the building owner undertakes to have any of the above� improvements one by a contractor other than the contractor being retained by the City to do the bridg construction, the City will reimburse the building owner only for actual costs incurred. Such costs must be proven to the satisfaction of the City. , 2. Submission f Plans - Plans shall be submitted by the building owner for approval by �- - - - - the City, indic ting all materials and finishes used in the skyway system and the architectu�al manner in whi the skyway system is separated from abutting private building areas where the con ucse occurs within the owner's building. The City will make certain additions to such drawin s, including signs and other graphics, furniture, and other elements consistent with achieving identity and design continuity for each segment of the skyway system. .. , � � F. DESIGN Ai D �"�ATERIALS RE' U1REti�thTS AND STANDARDS ln order to actY eve tne design identity, continuixy, and ease of orientation necessary if the sky9way sy tem is to function effectively, the City has established certain design and • • � . mater'rals req rements for the skyway system. The design of the skyway system within each block sh 1 adhere to these requirements. �'ith the exception of the design and construction of directional igns as noted in Section D.S., the developer or building owner shall be cesponsible f or all cos:s o �esign, construction, installation, maintenance, replacement ana repair of a11 items e umerated in this section. . . . . -$- .�'� ? , . - ' � r, ♦f. ^, 1. S�cyway System Symbol - A graphic symbol has been deveJoped for the skyw�y system. ` Sudi s}�mbol shall be used to indicate the lo�ation of the skyway system �vithin the building in a manner approved by the City. No other use of the symbol will be permitted. 2. Skyv.�ay System Graphics - Graphics will play a vital role in orientation in the skyway � - syste�n, and through consistency of design and placement, will also constitute a vital element . in achieving skyway system identity. The City will be responsible for the design and location � of all skyway system graphics; the types of graphics and general location �riteria are as � f ollows: (a) Directional Signs - Directional signs are the largest and most conspicuous signs in the skyway system. They are used to give directions to streeu and to major buildings in the skyway system. All directional signs will be ottached to concourse ceilings , (or suspenoed from the ceilings, depending on ceiling height), will be perpendiculac to the axis of the concourse area in which they are located and will be the only such signs to�be mounted in this manner. The most important of such signs will be illuminated. _ The building owner will provide: I) support for the directional signs above the ceiling; � 2) electi.cal services to the signs; 3) the pendants which connect the signs to the structure above the ceiling. The City has developed standard desigrts for the directional sigru and wiil advise the developer or building owner of the specific location of the pendants and signs. (b) � `Maps and Route Directories - Wall-mounted or free standing maps and � ° route directions of the skyway system will be placed in prominent locations � at the head of vertica! access facilities, within nodes, or in other appropriate locaiions so that the pedesvian may, together with the direttional signs, determine the skyway route to be used in order to arrive easily and quickly at a desired location. � 3. Skyu�ay Equipinent - To achieve prominence and identity for major node areas, the building � owner, witn the approval of the City, is encouraged to provide skyway equipment in and near the nooe areas. Such equipment may incJude scvlptures, decorative fuuntains, public telepnones, public toilets, drinking fountains, kiosks for display of material of public interest, � bencnes, trash receptacles, pl�nter boxes and other equipment as approved by the City. , Tne location of such equipment in or near node areas will be determined jointly by the City and the building owner or developer, based on analysis of expected traffic patterns within the node dnd to ad jacent private areas. The City and the builoing o��ner or developer will - joir,tly eppro��e the design of all such eleinents to be placed within the skyway system. , � � ' � '� ^ � -9- � �, t� ,,,,`.. • �1��.,j63 3 . � � . . . • . . . . . �. Sk �wa Floo �Vlater�afs - All skyway bridges wil! contain terrazzo floors of a brown an� �,re;� chip irti a dark matrix�(Venice Art Marble V-1036, or equivalent), herein reierred to �s "skyway t rrazzo:' The City v��il! require the use of skyway terrazzo in all or a major po-tion of the nl de to be developed central to each block of the skyway �system. Such use of a consta material to each bridge and central node will est�blish a repetitive rhythm of spaces that ill aid in achieving identity and continuity for the skyway system. 1n concourse. corridors runni between bridges and nodes, other floor materials may be used, though a consistency o� floor material f or concourse corridors must be maintained throughout �each building. kyway terrazzo and the concourse _orridor floor material may not be � used, unless cha ged in color tone or texture in private non-skyway building areas in proximity to the skyway s stem_where such use would tend to obscure the•ioentification of skyway • materials with oncourse areas. If the building owner chooses to use carpet or other non- permanent floo 'ng material for concourse corridors, the building owner must agree ta replace such ca pei with new carpet or other m�terial matching as closely as possible the ori'ginal in color� and texture at such intervals as may be determined by the City. . n � n ' ht'n - n urs ceilin s shall be of the same materials 5. Co co�ne ilin s a d Li � Co co e g throughout any ne building. ►Viinimum ceiling height shall be 8'0", and no signs or other '�— graphics other t an as specified above shall be fastened to, or suspended from, the ceiling. �Lighting fixtur shall be recessed or attached in immediate proximity to the ceiling; hanging or pendant fixt es will not be permitted. Luminous ceilings are permitted. Artificia� lighting intensit shal! be a minimum of 30 f.c. at every point along the floor. The artificial _ , lightin� shall b s�pplied with electricity in such manner that the interruption of service � µ •- in �a�y circuit i ide the building will not result in total interruption of the required lighting. � u'nere ad jacent �rivate building areas are open to the concourse, a dif f erentiation in ceiling treatment,.heig t, light level, and/or light color shal! be achieved. At nodes and at other locations where ceiling-mounted directional signs are to be located, additional lighting and/or outlets s al! be provided to accent such graphic material. � 6. Sk wa S st m Walfs - Where the skyway system is defined by ��alls cr partitions separating. - the concourse f om adjacent private building areas, such wa�ls may be of a design and function consist nt with the use and architectural design oi such private building areas. Exceptions will e required at wal! areas where graphic panels, maps, route directories, _ or ather skyway related graphic matecial is to be located. Skyway systern a�alls shall be of ' durable, easily aintainable, finished materials. �L'here shop signs, depart�nent identification' , signs, or other � rmanent graphics not relatec+ to skywzy graphics as specif ied ab�ve � are rrquired, th y shall be located on and%or p�rallel to concourse w;:l:s at a height between 7'0" above the f�oor, except signs painted on shop windows �nay occur at �ther heights � . -1U- ' ,� ! . � ' � ` . ♦ ..� .. . °« . . ` � i� � � . + consistent with good design practices. No signs, except as specified for skyway relat,:d graphics, may project f,rom concourse walls into the concourse easement. . 7. Skyway Colors - Skyway-related signs and other graphics will employ a specific color scheme throughout the skyway system as developed by the City. Non-skyway related signs and graphics in proximity to the concourse or node area utiliiing the same color scheme as skyway-related graphics will not be permitted. G. EASEMENT REQUIREMENTS In order to assure public return for the p�blic investment made in development of the skyway system in the downtown, all areas of the skyway system must be located either on public property or within public easement granted without consideration by the developer or building owner. Such easements shall be coterminous with the designated areas of concourse corridors and nodes and vertical access facilities; also, shall extend on the ground floor f rom the f oot of vertical access f acilities to a public sidewalk or other public proper.ty, giving access to a public sidewalk. Such easements shall be required for both those skyway ` :system ele em nu fflr which the City is responsible and those elements constituting a link in the basic systern for which private parties may be responsible. The easements wil! be � in form satisfactory to the City and will be limited to the life of the irr.�rovements constituting the skyway system. The easements will grant to the public the right of use of the skcyway system f or purposes of ingress and egress and pedestrian transit without limitation, except '� that such easements may attach reasonable conditions regarding closing parts or all of the skyway system within the developer's or owner's structural improvemenu during non- business hours as dictated by reasonable security requirements of the buildings through which the concourse passes. . : • ' � , . Subject to the following� conditions, the developer or building owner shall have the•right : • at any ti��ne to change the locations of such easements and the easements shall so provide, on the condition that new easements are granted v.�hich permit the continuity of the skyway systen�, and the developer or owner installs a new pedestrian concourse on the new easement area at the developer's or owner's sole cost and expense. . � � � '�i ' -11- . � . . , . � � • ' ��v�/0�3 , . ., , �, -. . _ in the event t e developer or owner elecu to substitute a new easement location, it will submit to the ity the description thereof, the plans and specifications therefor, and proof of ability to � y and method of payment therefore for the approval of the City, which approval shail not be u reasonably withheld. The City shall have 90 days after the submission in which to appn ve or reject the submission. If the City rejects the submission, it must do so in writing ithin the 90-da�� period and, in such writing set forth in detail, the valid reasons for such rej� tion. ln the event the City fails to reject the submission within said 90-day period, the C' ty's consent shall be conclusively presumed. The City shalt not be required to approve a y change in easement location unless the easement to be submitted therefor contains at 1 'ast the same area and dimensions of the existing easement; and the improvements thereon are If the same character, quality and functional characteristics of the initial concourse, including rep acement of signs, graphics and furniture provided in the original skyway system. V��hen the Ci� approves the substitution as af oresaid, the parties shall then join in the execution and delivery j f an amendatory agreement in recordable form which designates the substitute location and I erminates the easement over the o!d location eff ective upon completion of the construc� ion of the new concourse and skyway systemo .._.,_.: �. � H. OPERA � ON AND tJ�AInTENAnCE RECIUIREl�1ENTS 7he skyway ystem, including all future additions, is located on public property or within public ease ents. As such, the City has a proprietary obligation for operation, maintenance, • repair and rl placement of the skyway systern. Nevertheless, the City will reQuire, as part o� the asernent agreement, that the developer or building owner assume the full responsi- bility f or tn� operation,� maintenance, repair and replacement f or all segments of the skyway system loca ed within its proPerty, for bridges over streets a�utting its property, and carry out such op ration, maintenance, repair and replacement az its own expense without cost . to the City. In the eves�t that the developer or building owner fails to operate, maintain, . repair or re lace the concourse system, or any part tnereof, tc a reasonable standaro, ' the City m y perform such operations and assess all costs incurred in so doing against the develop r or building owner in accord with the normal proczdures f or assessments related to s dewalk maintenance, repair and replacement in the City of Saint Paul. Where sky ay bridges connect the property of one developer or ow�ner v.�ith that of another, the Cevel� rs or owners rnay share equally, or on v.�hatever other basis is rnutually agreeable to both, th brid�e operation, maintenance, repair and replacerr�ent costs. Such agceement rr�ust �e su mitted to the City for approval prior'to corn�rencement of bridge construc'�