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86-1034 M�Ht�TE — CITV CLERK � P�nK S— F�NAN�E GITY OF SAINT PAUL Council / �// �ASHARV �EPARTMENT File NO. ��✓ � `D�/ �ity Attny/PBB , � � ' ��un Resolution Galtier Plaza-Burlington Center 333 Sibley �3 Presented By Ref red Committee: Date Out of Committe By Date BE IT � RESOLVED, by the Council of the City of Saint Paul, that the C ty Clerk is directed to accept and keep on file for public ref rence that certain Agreement , dated December 10, 1985 , by and amo g the Port Authority of the City of Saint Paul, the City of Sa nt Paul, the P�ears Park Development Company and various limited pa tnerships referred to therein, the St . Paul-Burlington Limited Pa tnership , Keith T. and Diane N. Harstad, John and Catherine cCulloch, the Griggs-Midway Management Company, and the Saint aul Area Young Men' s Christian Association, �-ahich Agreement ontains covenants and obligations relating to the skyway bri ge and pedestrian concourses , which touch and concern the follow ng described property in the City of Saint Paul : .L. S . 373 ; the southeasterly 1/2 of Lot 3 and ots 4 through 9, Block 9 , j-Jh.itney & Smith' s ddition; and Lots 6 through 9, Block 13 , ity of Saint Paul (St . Paul Proper) ; nd ot l, Block 2 , Auditor' s Subdivision No . 32 ; nd Lots A and B, Drake' s Rearrangement "A" , ity of Saint Paul ; nd ots 2 through 15 and Lots C and D, Drake' s earrangement "A" , City of Saint Paul ; and COUNCILMEN Requested by Department of: Yeas p�eW Nays N"°S'e In Favor Rettman Scheibel Sonnen __ Agel[1St BY Tedesco Wilson Form Approved by City Attor y Adopted by Council: ate � Certified Vassed by Council Secretary BY ' By� Approved by Mavor: Date _ Approved by Mayor for Submission to Council Bv - - — Bv WMI"�a — C�TV CIERK PINK — FINANCE GITY OF SAINT PAUL Council �A'�JARY��OEPARTMENT File NO. ��+ � /�� BLUE — MAVOR � Council Resolution Presented By Referred To Committee: Date Out of Committee y Date -2- BE IT URTHER RESOLVED, that the City Clerk is authorized and direct d to file a certified copy of this Resolution in the Office of e County Recorder, Ramsey County, for the purpose of giving otice of the existence of said Agreement to persons interested in the above property and of the availability of said Agree ent for reference by such persons in the office of the City C erk. COUNC[LMEN Requested by Department of: Yeas �� Nays � Nicosia � Rettman [n Favor Scheibel Sonnen � __ Against BY Tedesco iNilaen. JUL 2 4 19� Form Approved by City Attorney Adopted by Council: ate Certified Pa• • d b nci BY By� Approved Mavor: Dat ��a"�'��e �� 2 i�t�roved by Mayor for Submission to Council � r Bv - - — Bv PUBtISH�D AU G 2 198�5 ._ __ __ � . ..__ . _ _ o � l`J Iv , �o�'`'o � � � c-r ��, � � � ✓ ..�C � � n n � � F-+ O C'� v ' Z �,�, P� � .�s. v � --r -n r � � � � � �� ,. � N � r � � � � . . � . � � � N � � � � N � F� N 'S W � O t-+ W � � , � w � . ct C1 7' �1 7c' NK � K � -�--- __ �°_t�-- f�D tQ-_ -�+, _ � � • � fD ¢ !D rt �t' (D ft N �. � . � O . o � ro � � _ � � � c-r o rr N � I t-Kr I m rG'S O G f3D � y� -� H, rt rr a �• rr �' rs � O b� � c ° � N• ro �. o rr rr x —1 � �' . k v ^< O � . zn d � o N• ra m rn nrt rtc � rt� n m o �. . � � � � a � C`, • � rt � � � � ro . x. .. . � � \ � � � � - . b ro v� • .� � I h � 0/ —�� ,� �� I ? .. � jf� �� `�d�� ; C � . . � ,� /� � :� t h I //�j. 4` ; U.. 4� Cd f R Vdr: !V� �� C� ; STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PAUL ) � ao w � I� . . . . Albert. B:.O1son. . . . . . , . . . � . . . . . . , , , ,City Clerk of the � � City of Saint Paul, Minnesota, do hereby certify that I have m � compared the attached copy of Council File No. ,86�1034 . . . . , , . , , . . � -_... .__i as adopted by the City Council. . . . . .-°°.�?1X:24: . . . . . . . . . . .19 86. . - and approved by the Mayor. . . . . . . . . . , , Ju1X_24.. . . .. . . . . . . . 19 86 . , . with the original thereof on file in my office. i I further certify that said copy is a true and correct copy of said original and the whole thereof. WITNESS my hand and the seal of the City of Sair.t Paul, Minnesota this . . . . . .�th . . . . . day of . , , , , Auqust , . , , , ,A.D. 19. 86. . . . . . .�r4:::��:�: . .'�::.��:�::�'. . . . . . . . . . . City Clerk. ,�• �� ,��;>. ,� ��;� ��' . . . � . �r , � ' � .. Q-". � �. . .. � , { � _ � ��q�� 0000�.��ba?DOCUt�ENT I�.00 -"" - I.LGMR �'WK - FINANCE (jITY OF : s��►INT �AUL Coe�ncil ./` -11N4RY = OEPARTMENT File NO. �� _/O�/ 9`�`1F - Mp�'l R/�LL �.• C�_:.T r��r:y � , � � ' �DUn Resolution Galtier Plaza-Burlington. Center 333 Sibley � °� �resented B .� � Y Ref red Committee: Date Out of Committe By Date BE I RESOLVED, by the Council of the City of Saint Paul, that the 'ty Clerk is directed to accept and keep on file for public re rence �hat certain Agreement, dated December 10, 1985, �� by and am g the Port Authority of the City of Saint Paul, the � City of S 'nt Paul, the r�ears Park Development Company and various limited p tnerships referred to therein, the St. Paul-Burlington Vt Limited P tnership, Keith T. and Diane N. Harstad, John and '� Catherine cCulloch, the Griggs-Midway Management Company, and � the Saint aul Area Young Men's Christian Association, �•rhich �j Agreement ontains covenants and obligations relating to the skytaay br' ge and pedestrian concourses , which touch and concern the follo� 'ng described property in the City of Saint Paul: .L.S . 373 ; the southeasterly 1/2 of Lot 3 and ots 4 through 9, Slock 9, �Jhitney & Smith' s ddition; and Lots 6 through 9, Block 13 , ity of Saint Paul (St. Paul Proper) ; nd . _. _ __ _-F_ . _. -- ___ � — - ot l, Block 2, Auditor's Subdivision No . 32; nd Lots A and B, Drake' s Rearrangement "A" , ity of Saint Paul ; nd ots 2 through 15 and. Lots C and D, Drake' s I earrangement "A", City of Saint Paul; and i COUNCILMEIY Requested by Department of: Yeas orew Nays Nicosia Rettman �n FaVOI Scheibel � Sonnen Ag�inst BY Tedesco W ilson Adopted by Councii: Date Form Approved by City Attor y Certified Yassed by Counc 1 Secretary By � B; � Approved F,y Mavor. Dat� — Approved by Mayor for Submission to Council By� - - By � � I . hNITE - CITY CLERK I ' ��NK — FINANCE � COUIICII ,/ '4NARY�- DEP4RTMENT (jITY -�.�r'�INT ��ALTL File N0. ��-��3'S� 1LVE - M4YOR � � � ' � Council Resolution Presented By Referred To Committee: Date Out of Committ By Date �� -2- Yl � BE I FURTHER RESOLVED, that the City Clerk is authorized � � and direc ed to file a certified copy of this Resolution in the . � Office of the County Recorder, Ramsey County, for the purpose � of giving notice of the existence of said Agreement to persons intereste in the above property and of the availability of said Agre ment for reference by such persons in the office of. the City lerk. i . ... __ . __ _. _ ---.-��_. ___ - ---.__ __ _ COUNCILMEN Requested by Department of: Yeas �� Na s �. Nicosia � Rettman In Favor Scheibel Sonnen � _ Against BY Tedesco iAFe+een. Adopted by Council: Oate JUL 2 � 198fi Form Approved by City Attocney Certified Pa•• d b nc.il r BY sy Approved �lavor: at � ��` �L 2 �roved by Mayor for Submission to Council , � By - — BY � PUB!(SN�D AU G 2 198C � ._.._ ...-.— '. , s �� _ + � � � Y ' �. � ` � �`k � � �� - �� :, � � � � # q .; �; o e' � 6! a � � �4' w_ � _. �S' ` _ : 1 � - �'�" �r �` -� 1 i�\ , , �' !�: � � � � 'M� � c �. v� � -3� r I .\M :. ;� � as �: � tr: j �<� � � ��; r_ -,, � �~ � � r; � � � � , � : :� -- � '- � T� �� ---j �� s:�J i � �, �o c . �. � �. cD � e :„ �r' � c � _ ` � �/�1 :a .f33 ,. Ct Z7 �� V \7y�' �'� a.< Ds —^ �' � . 4---�.1� ' ,Y.. � .�r. � � v � � � � xy � v � 1 �'`' i `;� � y � �' ` � �1'� �,y � i ��,,: �y �: � cn } ` � � Q G7 � � :'� C: )..� � J � � ;._ . . �e � c � �� « � �, �I . ' . a . � - io 3 � ' G G� � �'' � �� . . � • August 26, 1985 AGREEMENT REGARDING CONSTRUCTION , MAINTENANCE AND OPERATION . OF A SKYWAY BRIDGE OVER FIFTH STREET BETWEE�J JACKSON AND SI3LEY STREETS AND ASSOCIATED PEDESTRIAN CONCOURSES � GALT I ER PLAZA - - .- � �� BURLINGTON CENTER 333 OI� SIBLEY � � ' THE CITY OF SAINT PAUL . • 1985 � , 1 . I _ . � . � ' � . �=�-/d-3� � � . . - - • . r � CONTENTS OF AGREE�1ErT . Topic P—a�e s Res onsibilities Bridge Constr ction and Co t p 1. Desi n, Construction 2 . Sup rt Structure Within Buildings 3 . Bri e HVAC, Lighting , Drainage Systems 4 . City� Assignment of Warranties Pedestrian Cc�ncourse Construction and Costs 5 . Conclourse Access 6 . Con ourse Construction . Easements, H � urs 7 . Gra t of Easement and Hours � 8 . Fut re Easements 9 . Gal ier Plaza Description 10. Wid h of Easement - . ( 11 . .Eas ment Survey � .. 12. Eas ments Public and Subject to Law 13. Wai er of Share in Damages ' ' 14 . Own rship of Bridge Operation, M intenance and Rep�air 15. Cit Transfer of Plans , Drawings, Etc . 16. Scoj e of Maintenance; Approval of Modifications 17. Bur ington, Griggs and Mears Agreement to Maintain 18 . Mai tenance of Galtier Plaza & Mears Park Place; Ca� pet 19a Fa�lure to Maintain, Remedies 20 . Adctertising, Signage Surety Bond , Insurance � • 21 . $2 P� , 000 Surety Bond; Contractor ' s Insurance � 22 . Sk way Hazard, Liability Insurance Cost Shared 23 . Co course Haza,rd , Liability Insurance . 24 . Am unt of Insurance Directional Signs 25 . Ap roval , Cost of Signs � 2 . _ I . - .i �" � . ��- /63� � , i � � To�ic Pa e � Binding Oblilations � � 26 . Sub 'ect to City Codes 27 . Suc essors and Assigns Bound 28. Bur ington, Griggs and Mears Agreement td-ot Affected 29 . Ag.r ement Survives Conveyance , Is Not Merged 30 . Own rs Retain Property Rights; Ob igations Conveyed 31. Eff ctive Date of Obligations - Skyway , ' 32 . Eff ctive Date of Obligations - Concourses 33. Notl' ces - Address Savings Clau e 34 . Sky ay Policy Pertinent 35. Cap ions, Headings or Titles ' � Exhibits: A. Eas ment Form � � B. Mel rs Easement .Plan _ C. Bu lington, Griggs Easement Plan ' D. Pri perty Descriptions c E. eneral Polic Statement for the Construction of the Sa ' nt Pau1 Skyway S sy tem► adopted January 8, 1980. i . � . . . 3 - I . �� . ; . . �'=�p-/63�{ , r . . •y � � SKY47AY AGREEMENT THIS AG EEMENT is made and entered into this �� day of EGE�1 , 1985 , by and among the CITY OF SAINT PAUL , a municipal co poration, hereinafter referred to as the "City"; the PORT AUTHOR TY OF THE CITY OF SAINT PAUL , a body politic and corporate un er the laws of Minnesota, hereinafter referre8 to as the "Authori y"; the MEARS PARK DEVELOPMENT COMPANY, a Minnesota general par nership (whose general partners are THE BOISCLAIR CORPORATIOrI a Minnesota corporation and ALPHA ENTERPRISES , a South Dakot general partnership) for itself and for the :�EARS �- PARK EAST Lj MITED PARTNERSHIP , the MEARS PARK CENTRAL LIMITED i � PARTNERSHIPh the MEARS PARK WEST LIMITED PARTNERSHIP, the McCOLL LIMITED PAR NERSHIP, the JACKSON APARTMENTS REDEVELOPMENT COMPANY - LIMITED PA TNERSHIP, and the SIBLEY APARTMENTS REDEVELOPMENT � COMPANY LIIITED PARTNERSHIP, all being hereinafter collectively referred I o as "Mears"; the ST. PAUL-BURLINGTON LIMITED PARTNERSHIPI an Illinois limited partnership whose agent is THE PALr:ER GRO � OF THE TWIN �CITIES , LTD., a :�! innesota corooration, . hereinafte collectively .referred to as "Burlington"; and KEITH _ ' T. and DI NE N. HARSTAD, JOHN and CATHERItJE McCULLOCH , and GRIGGS-r'ID AY MANAGEr:ENT CO., a Minneso�a general partnership, whose gen ral partners are Keith T. Harstad and John h7cCulloch, hereinaft r referred to as "Griggs"; and the SAI1�T PAUL AREA C . 4 . i I � i . .- " . � . (�,,��_�6.�� y , � I \ YOUNG MEN ' S �CHRISTIAN ASSOCIATIO?1 , a Minnesota nonprofit � corporation, I ereinafter referred to as "YMC'.". � WITNESSE H: WHEREAS � the City and the HRA, through the Downtown Urban Renewal Proj ' ct, Minn. R-20, undertook to develop a pedestrian skyway syste� wi'thin the Downtown Central Business Dist,rict, � hereinafter rj ferred to as the "System" ; and WHEREA� , the City , pursuant to Chapter 764 , Laws of Minnesota- 197�3 , is authorized to operate the System; and WHEREASk the Authority is the owner of Block 46, that block bounded by F ' fth, Sixth, Jackson and Sibley Streets in St. Paul � and more parl icularly describEd as consisting of R.L.S. 373; Lots , . � 4 through 9 ; Block 8 , Whitney & Smith's Addition; and Lots 6 through 9 , B ock 13 , City of Saint Paul; and WHEREAS� Mears (with and as general partner in the aforesaid � limited pa�+tnerships) is developing Block 40 pursuant to a Contract fo Sale of Land for redevelopment dated September 1, 1981 , whic contract provides for certain undertakings with respect to he construction and extension of the System, said . development and structures thereon to be referred to collectively ' as "Galtier Plaza"; and WHEREA , the Y'�CP. as a Iong term lessee of improvements on . Block 46 d sires to consent to the . connection of the skyway bridge her in to such improvements and to the construction , l . , 5 � . _ .. ' ' . �/�"�p-/Q3� � . �� operation a d maintenance of a public pedestrian concourse through such improvem ents; and � . �aHEREAS� Griggs is the owner of a building and structures on the northea�terly part of that block boundea by Fourth, Fifth, Jackson andlSibley Streets in St. Paul , located on land more narticularll described as Lot 1 , Block 2 , Auditor 's Subdivision tIo 32 , and LI ts A and B, Drake's Rearrangement "A", City of Saint I Paul , herei after referred to as the "333 on Sibley Building"; and WHEREA , Burlington is the owner of a building and structures, ow known as the Burlington Center, on the remainder of the abovq block, located on land more particularly described "7" as Lots� 2 t 15, and Lat�s C and D, Drake's Rearrangement _"A", City of Sa nt Paul , hereinafter referred to as the "BC � Building"; . a'' d � . WHEREA� , this Agreement touches and concerns the real . property, de cribed as follows in Exhibit D attached hereto; and WHEREA , Burlington , Griggs and Mears agree to the . c:onstructiol of a skyway pedestrxan bridge across Fifth Street from the BC uilding and 333 on Sibley Building to Galtier Plaza; and ' 'r7HEREAS the parties hereto believe it to be desirable that the S.ystem b extended by public easement through the BC Built�ing to the skywa bridge across �'ifth Street and, by public easement, through Gal ier Plaza and declare their intention to so extend � . 6 . . I . - -, � � . ��_��3� � . r � the System , �; nd believe it desirable to provide for the future extension of � the System in an easterly direction from the 333 on Sibley Build ng across Sibley Street; and WHEREA� , the said extension of the System necessitates pedestrian . ii gress, egress and transit through certain portions of Galtier P, aza and the BC Building; and _ WHEREAS�, all parties hereto are desirous of the construction of the skywa bridge over Fifth Street; and WHEREA�, substantial public monies will be expended for the design and j unstruction of skyway bridges connecting Galtier � Plaza with he BC and 333 on Sibley Buildings; and 41HEREAj , a benefit will inure to the respective property � owners by irtue of being linked to the System, and further �. � . � benefit wili inure to them when the System is extended as above described; nd � NOW TI�EREFORE, BE IT RESOLVED AND AGREED TO BY THE PARTIES HERETO AS Fi LLOWS: � BRIDGE COI�SI RUCTION� AND COST RESPOt�SIBILITIES 1. D si n and Construction. The City agrees to design and cause to b constructed a skyway bridge connecting Galtier Plaza • with the B and 333 on Sibley Buildings in accordance with City- � aoproved p ans and specifications prepared by Hammel , Green and Abrahamso , d�ated June 17 , 1985 , and reviewed by Burlington, i � ?�"� ears an' Griggs. City will accomplish any mechanical , electrical and drainage systems, installations and connections � 7 . - _ I _ _ . _ .. . . � �,�� a..3� ` ; - . . `� which are shl wn in the approved plans and specifications to be part of thel construction contract. The total design and construction � c��sts for said skyway bridge shall be allocated to and paid by 'he parties as follows: 50% thereof by the City; 33% by Mears ; nd the remaining 17 % to be shared equally by Burlington nd Griggs. Burlington and Griggs shall , within l�l days after �ward of the general construction contract herein, furnish irre ocable letters of credit, whose terms and conditions i are subject o approval by the City, providing for the payment of said design jand construction .costs upon request of the City as said costs aj e incurred. The Authority agrees to make payment to the City f; r the Mears share of said total design and constructionl costs �within ��45 days foIlowing the receipt by it- -of � invoices, a �proved by Hammel, Green and ?�brahamson, architects, and by the �ity, for such costs. � 2. I u ort Structures for the Bridge Within Buildings Over Privat ' Property. Mears shall pay all of the costs for the . provision qf necessary bridge support structures in Galtier I�lazav 3ur' ington and Griggs shall each pay one-half of the costs for t e construction of the building structure over private property co necting with the southerly end of the bridge, and for � necessarv unport structures within the BC and 333 on Sibley Buildings f r the buiiding structure and the bridge connecting thereto. M nies to pay the construction costs for such support structures nd for the building connection over private property C s . I � _ . _ . . L�' �-/°�y . - - � � shall be incl�'uded, respectively, in the various letters of credit required by aragraph 1 above. 3. Bri e HVAC, Lighting, Drainage Systems. Said skyway bridge shall! include the necessary m echanical and electrical equipment fo heating, ventilating and air conditioning ("HVAC") , lighting and '', roof drainage. The mechanical, electrical and roof _ . drainage sy5tems (including HVAC) of the bridge shall be tied i into the re pective systems of Galtier Plaza by Mears, which systeins shal be of sufficient capacity to serve the bridge. The mechanical � nd electrical systems (including HVAC) o�f the building st ucture over the private alleyway constructed to connect to t e southerly end of the bridge shall be tied into the � ( respective � ystems of the BC and 333 on Sibley Building.s as provided by ' he approved plans and specifications;� and the roof drainage sy tem of the building structure over the private alleyway sh 11 flow into the respective system of the skyway bridge and , Galtier Plaza as provided by said plans and specificati ' ns. Pursuant to the bridge construction contract, �h� bridge � echanical , electrical and roof drainage lines shall be �capped a inimum of two feet inside the Galtier Plaza building . �ines , and he . connections of these lines to the said building � systems sha 1 then be connected by and at the expense of Mears. The said sk way bridge shall also include finishing at skyway bridge en'ds a linear metal ceiling , terrazzo floors, triple insulated lass to the extent glass is used to enclose said � 9 �� . I - ,_, , , t _ . . � �,- �a�� . - � . � . � 1 skyway bridge, and automatic sliding glass doors at both ends of the bridge. Ihe bridge costs in this paragraph are part of the total design nd construction costs for the bridge. 4 . City� Assignment of Warranties. City will include a provision in 'jits contract for the construction of the skyway bridge where y the contractor consents to the assignm ent of warranties toi the owners of the buildings abutting the bridges, and the Cityj pon request shall assign such warranties to them upon approved' contract completion without relinquishing its own rights underjsuch warranties; and, if necessary, will cooperate and assist i any prosecution of lawful and proper clai'ms such owners may jater assert against the contractor (s) or others -� arising � from! faulty� design or construction of the skyway bridge. L.. City agrees � to assign to Burli,ngton, Griggs and Mears upon request allii warranties on machinery and equipment, -if any, installed i connection with the bridge construction, without . relinquishi I g its own rights under such warranties; and, if necessary, wjill cooperate and assist in any prosecution of lawful and proper c� aims which may later be asserted against the vendors . or others rising from faulty design or manufacture of such machinery a � d equipment. ' . PEDESTRIAN ONCOURSE CONSTRUCTIOt] AND COSTS . 5. Co course Access. Mears and Burlington shall at tlieir expense con truct and be responsible for pedestrian concourses, and for v rtical access facilities to the bridge between � . 10 i , , . �� - �03� . � . concourses t the first and second levels of Galtier Plaza and the BC Build�ing in accordance with this Agreement and the General Policy Stat' ment for the Construction of the Saint Paul S�w_� System, adc�pted January 8 , 1980. The location and physical . dimensionsl� of vertical access facilities and pedestrian concourses hall be as described and shown on Exhibits B and C attached he eto. Access easements at grade from public rights- of-way to i terior second level concourses of Galtier Plaza, BC Building anl 333 on Sibley Building are also to be granted to City by eacY� respective owner. � � 6. Cdncourse Construction. All costs and expense in connection ith the construction and extension of the pedestrian � � concourse f om and within the BC and 333 on Sibley Euildings to the skyway ridge and to the building structure ovez the private alleyway li erein , and access thereto , shall be borne by Burlington nd Griggs, respectively, each only for the portions of concours� within �their own buildings or on their own property. EASEMENTS A D HOURS " 7. Gr nt of Easemen� and Hours. Burlington , Griggs and Mears e.ach ereby agree to grant to the City a public easement . €or the ped str.ian skyway system through the BC and 333 on Sibley � Buildings a d Galtier Plaza, respectively, located in accordance with Exhi its B and C attached hereto. The Authority agrees that it wil consent to and join in said grant of easement as to that proper y to which it holds fee title. Said easements to be �' 11 . _ � I � . , � � �- /d.3� � _ . � granted sh 11 be in the form attached hereto as Exhibit A and shali gran to the public the rignt of use of said pedestrian skyway sys eir. through the BC anc, 333 on Sibley Buildings and Galtier Pl � za for purposes of pedestrian ingress, egress, and transit , e cept for such reasonable police measures regarding cpen hours nd closing all or part of the concourse through their property .al the City may, by ordinance , from time to time determine,� or regarding public conduct therein as may be prohibited y skyway ordinance, as it may be amended from time to time. It i agreed by all pa�ties that the skyway bridge herein and the newl�lpedestrian concourses provided for in the BC and 333 on Sibley B ildings and Galtier Plaza shall be open for public -�. . ingress; �eg ess and transit from 7:0H A.M, to 7:0� P.M. on Monday through Fr day, inclusive; 7 : 66 . A.M. to 5: g0 P.M. on Saturday; � and shall b closed on Sunday, but nothing herein shall -prohibit the respec ive property owners from opening such facilities at other hours In the event a bridge for pedestrian skyway purposes is built (a across Sibley Street connecting the 333 on Sibley Building w th a Building to the east of Sibley Street , or (b) across Four h Street connecting either or both the BC and 333 on Sibley Bui dings with a building or structure south of Fourth . Street, or c) across Jackson Street connecting the BC Building with . the J kson parking ramp or other building west of Jackson Street, the hours such bridge or bridges shall be open for public ingress , e ress and transit shall be 6 : J0 A.r�?. to 2: 0�! A.r�. , �� . I . 12 . . i, . � . .� ' - . � �-�o�� _ � . _ - seven days a ,,week, and notwithstanding earlier provisions in this paragraph, s ch hours shall also apply to the skyway bridge and . � pedestrian ci ncourses which are the subject of this Agreement. i These hours � are subject to revision by mutual agreement and subject to. Ihe general power of the City to prescribe System hours by ord I nance. - 8. Fut' re Easements. Burlington hereby agrees , in the event a bridj e for pedestrian skyway purposes is built across i Fourth Stre t between Jackson and Sibley Streets , or across . Jackson Stre � t between Fourth and Fifth Streets, or across Sibley Street betw I en Fourth and Fifth Streets, that it will grant to . . the City an . asement for public pedestrian ingress, egress and � transit thr ugh the BC Building in the locations as sho w n on � _. Exhibit C toi be reserved for future easements; proviz3ed, however, i that Burlingl on may change the location of said future easement from that shl wn on Exhibit C so long as it grants an easement of i substantiall equal • convenience, use, and general configuration . in a differel t location, except that no change may be made in the � ldcation ofithe entry into the BC Building of a future Fourth Str�eet bridg which location is as indicated in Exhibit C in the , most southe stexly corner of the BC Building. Such easement and ' c•oncourse a ea shall be subject to all the same provisions as provided in this Agreement for easement and concourse areas. Griggs here agrees, in the event a bridge or bridges are built in the loca ions specified in the foregoing sentence , it will � . . . 13 _ I . . � .' 1 � . . �,��- /�.'� ( grant to th�' City an easement for public pedestrian ingress , egress and t�ansit through the 333 on Sibley Building connecting the said brid �e or bridges with the easement areas required under this Agreem nt to be granted, in a reasonably convenient and direct route ' through said 333 on Sibley Building. Such easement and concoursi area shall be subject to the same provisions as provided her in for easement and concourse areas. 9. (a) Galtier Plaza Description. The new public easement throuqh Gal ier Plaza shall be in accordance with Exhibit B, located on hree levels as .described therein, and affording connections with skyway bridges over Jackson and Fifth ' Streets and with ped� strian concourses through the YMCA Building and a -� skyway bridg over- Sixth �Street. (b) BC Building Description. The new public asement through the BC Building, and in the air rights over � private property between the BC and 333 orr Sibley Buildings slall be in accordance with Exhibit C and shall commence at' the northwesterly property line of Burlington and Griggs where!, the skyway bridge over Fifth Street will cross the property li ', e to connect to the BC and 333 ora Sibley �uildings and shall e tend as described in said Exhibits. Such easement shall incl de an access elevator or lift for the use of � handicapped i ersons traveling between levels, which elevator or lift shall e available for such use during all hours of bridge and concours operation and access to the public. • � 14 i _ , . � �—/a3� - � . 10. W dth of Easement. The public easements provided for herein shal be continuously at least 12 feet in width, except at nodes, if a y, where it may be larger; or where stairways or the structural � esign of the building is such that a width of 12 feet is impossi� e. 11. E sement Survey. City shall at its expense cause the _ initial ea� ements to be more particularly described � by a registered land surveyor following completed construction of the public conc � urse access areas. Burlington, Griggs and Mears have the right � review the com pleted survey for accuracy and any errors shal� be corrected at City expense. 12. I' sements Public and Subject to Law. Burlington , � � Griggs and ears agree that the pedestrian concourse within the easement he � ein described and the adjacent access easements shall be designat 'd as public easements and that all ordinances of the City which � y force of law are applicable to the System shall govern. • 13. WI ' ver of' Share in Damages. The City hereby waives any — ��c�h� it ma � have to share in an �ward of damages in the event that a publ ' c body acquires all or any part of the aforesaid . � Galtier Plaz� , BC and 333 on Sibley Buildings by condemnation or � under the t reat of condemnation. Said waiver applies to the - easements thi ough the properties but not to the skyway bridge or its end port�ions within respective air rights ease:nents. � I� 15 i �� . . � CJ.� � -�o� � ` . . � � � � 14. Ow�nershi of Bridge. It is agreed by and between the parties here o that the skyway bridge between buildings shall at all times bl� owned by the City, and said skyway bridge shall not � constitute pj operty leased, loaned or otherwise made available to second part es , or any one of them (within the meaning of Chapter 272.01 (2) ofl Minnesota Statutes) , it being understood that said skyway bridg�l is intended to benef 'it the public generally. OPERATIOA', INTENANCE AND REPAIR 15. CI t Transfer of Plans , Drawings , Etc. City shall transfer to�iiBurlington, Griggs and Mears copies of all plans, specificatiq s, drawings, operating manuals, written warranties, etc., and a y other documents necessary to or useful in the � . -� maintena.nc�, rep� 'ir and� operation of the structure and the electrical, drainage, and HVAC , facilities - in and serving the � skyway bridge. � 16. o e of Maintenance; Approval of Modifications. . Burlington,� Griggs and Mears further agree to provide the necessary r pair, maintenance and operation of the skyway bridge and its intl' gral parts, including eleetrical, drainage and HVAC. facilities �lin and serving the skyway bridge , at their sole expense, wi� hout cost to the City or HRA. Such maintenance sh� ll , be to a rea onable standard of safety and cleanliness and shall include, bu not be limited to, glass, floor, hardware and m'etal trim clealing , pol � shing , repair and replacement ; roof � maintenance repainting; light bulb replacement and light fixture , i � 16 � . _ . �. ' � � �-/03� � - . . . , cleaning. EI ce t for those re airs and P p replacements which are (1) routine� (2) the result of normal wear and tear, or (3) required by 'ian emergency requiring ranid action, City shall be furnished Iwith both preliminary and final plans and specificat� ns for all additions , alterations , or repairs and replacementsi to the skyway bridge or support structures, which _ plans and sp cifications shall be subject to their reasonable and timely apprc� al or disapproval before commencement of the work contemplated therein. Lack of action on the part of the City to approve or isapprove such plans or specifications, whether preliminary ;� r final, within 30 calendar days following receipt of such plan and specifications shall be deemed approval. � 17. B Irlin ton, Griggs and Mears A reement to Maintain. C - - - Burlington, riggs and Mears shall enter into a separate written agreement fo� sharing all maintenance, operation and repair costs � and responsi� ilities for said skyway bridge, its integral parts and related �, quipment. It is agreed that Mears will provide, at no cost to B� rlington, Griggs, HRA or City, all necessary systems �r�� equipme to adequately supply all HVAC, electrical and other operating u ilities for said skyway bridge; and that Burlington . and Griggs d the same for the structure connecting the southerly ' end of the b ic3ge to the BC and 333 on Sibley Buildings without cost to any oth�er party hereto. 18. M intenance of the Concourse and Carpet. Mears hereby agrees to p ovide all repairs and maintenance to maintain the � 17 . - _ I � -. ' � . � �-�a� � . � _ � , . pedestrian c ncourse in or on Galtier Plaza to a reasonable standard of afety and cleanliness and to provide operating costs for sail� pedestrian concourse; and Burlington and Griggs similarly so � grees with respect to the new pedestrian concaurse on and withi �, its property, and the structure connecting to the southerly erld of the bridge. Except for those repairs and replacements �,which are (1) r�utine, (2) the result of normal wear and tear, or , (3) required by an emergency requiring rapid action, City shall b� furnished with both preliminary and final plans and I specificatio s for all additions, or repairs and replacements to the pedestri n concourse, which plans and specifications shall be I subject to t eir reasonable and timely approval or disapproval before �omm�e cemen�t of :work contemplated therein. Lack of acti�on �_ , _ - on the partj f the City to approve or disapprove such plans or , � specificatiols , whether preliminary or final within 3(� calendar days after eceipt of such plans and specifications shall be deemed appr val. If Burlington, Griggs or Mears use or install carpet or a her less durable flooring material for concourse - corridors, I ch carpet shall be replaced with new carpet or other material ma ching as closely as possible the original in quality at such int rvals as may be determined jointly by the City and , Mears , and by City with Burlington and Griggs , for their respective corridors , such new carpet or other material to be submitted o City for its review and approval , which approval shall not b unreasonably withheld. �. � I . 18 I -�� I . ��lo-/63�{ � . . : � 19. F ilure to Maintain, Remedies. If Burlington, Griggs and Mears f� il to adequately maintain, repair and operate the said skywayl bridge or any of them fail to adequately maintain , repair and Iperate the pedestrian concourse areas through its respective, �l roperties to a reasonable standard of safety and cleanlines within 30 calendar days after receipt by the deiaulting �I arty or parties of written demand from the City specifying he actions to be taken, the City may undertake said reasonable a d necessary maintenance, repair and operating tasks, and the cos by City for said maintenance, repair and operation � shall be a sessed to and shall be paid forthwith by the defaulting roperty owner (s) or their sureties as applicable; � provided, ho ever, that the City retains the right to assess _such . � costs agains the defaulting party (ies) as a local improvement in the manner rovided by law. . Notwithstanding the foregoing , if the conditio which prompts the 30 day notice by the City cannot reasonably e remedied within 30 calendar days, then the 30 day period shal be extended by the City to such time as may be �ea�onable f r curing the conditiono � 20. Ad ertisin ; Signage. The skyway bridge and pedestrian , � concourses w ich are the subject of this Agreement shall not be ' operated for the purpose of advertising the name of any product or business r any other commercial purposes other than for or on store front in the pedestrian concourse. Such store front signage sha 1 not project out from the wall into the easement � 19 ; . _ i " .: � . � . � ��- /63� . � area except s subject to the reasonable approval of City before installatio . Nothing herein contained shall prevent the installationl� �and maintenance of skyway directional signs. Plans for all si nage shall be submitted to City prior to sign constructio� and installation, and the City shall approve such plans if sucl signage is comparable to that existing elsewhere in the System, lis not confusingly similar to the skyway directional signs, and i�s consistent with good design practices. SURETY BOND AND INSURANCE. 21 , 200 , 006 SuretY. Bond ; Contractor ' s Insurance. Burlington, IGriggs and Mears shall together furnish and maintain a surety boj d in the amount of $200 , 0SfiP1.00 for the said skyway � - bridge �to nd� in� ��favor of the City of Saint Paul, as obligee, conditione that said property owners shall indemnify and hold harmless tl� City against all expenses and liability on account of all cos s , claims, suits and judgments arising out of or . connected wlith the m aintenance, ooeration, repair and/or removal of the skylay bridge, its integral parts and related equipment, , � and furthe conditioned upon the property owners complying with all terms and conditions expressed and contained in this Agreement s to maintenance, operation and repair and or removal � of the sky ay bridge which surety bond shall be in such form as shall be pproved by the City Attorney and shall have ' such surety as shall be approved by the Director of Finance & i^anagement Services for the City. The cost of such bond shall be _ i 2� I . . . ; � �?� � -/63 � _ . . . , shared by B rlington , Griggs & Nears in accordance with their separate ac�reements. The City shall procure from the general contracto and provide to the parties upon request , documentat, ion evidencing that the general contractor is maintainin , throughout the entire period of construction and erection of � the skyway bridge, sucn insurance as set forth in the _ plans and slecifications described in paragraph 1, herein, naming the abuttin property owners to the skyway bridge as additional insureds Is required by said plans and specifications , specificall in accordance with Section 4.� General Conditions, and Section� 6., Special Conditions of the construction contract. . . 22 . kYw� Hazard , Liabili� Insurance Cost Shared. ---- — � --� -- — ---- — � Insurance lequired by paragraph 24 hereunder for hazard . and liability fj r the skyway bridge shall be a maintenance cost to be assumed by; Burlington, Griggs and Mears and shall be shared in accordance,l with the separate agreement for the sharing of �. i operating ,� maintenance and repair costs that Burlington, Griggs and Mears �hall enter into as provided herein. 23 . I oncourse Hazard, Liability Insurance. Insurance required ereunder for hazard and liability for the areas . � designated as easements for access and the pedestrian concourse � shall be maintenance cost to be assumed respectively by Burlington Griggs and Mears for the portions of the pedestrian concourse ' ocated within their prooerty. � 21 I . . , � . ��/a.�s� �� . � � 24 . Am unt of Insurance. Burlington , Griggs and Mears shall furni h and maintain public liability and casualty . insurance cov� rage for the skyway bridge, and each shall do so as to liabilit insurance for its portion of the pedestrian concourse, w!ith a duly licensed insurance company, wherein the City and HRA� shall be designated as additional insureds; said insurance c� ntaining the following minimum coverages : for � property da age to the extent of $204J , G16�.00 in any single accident; fo personal injuries, including death, $6041,000.0fd for each occurrelce. Such minimum amounts shall be subject, upon 66 days notice� to reasonable change by official action� of the Council of ! the City of Saint Paul, in the event statutory — municipal. l�i�abil�i.t� " limits are altered by legislation or judici�al � __. decision a� any time after the date hereof. The casualty . insurance sl� 11 have an all-risk or physical loss coverage in the amount of tl e full replacement cost of the skyway bridge, as reasonably letermined by the City from time to time. DIRECTIONALISIGNS 25. All roval , Cost of Signs• The location of directional . or other si ns that may be installed in the pedestrian concourse herein sha 1 be determined by the City. The City shall �ay, the initial co t of such signs. The cost of installing, including ' electrical connection�s and mounting hardware (pendants ,- or ceiling ch nel, and support above ceiling) , shall be considered part of th cost of construction of the concourse, the liability � � � 22 � I � i ~ . � _ �a�o /�3� � for the pay � ent of which shall be governec3 by paragraphs 5 and 6 herein abov . The cost of operating, maintaining and repairing the directi!onal signs shall be borne by the parties on whose properties such signs are located. If the location of the pedestrian , oncourse public easement is changed, the said signs shall be oved accordingly, and the cost of moving and _ reinstallini signs to a new easement area shall be borne by City, unless the �hange has occurred at the request or by the action of the party u on whose property said signs are located , in which event such party shall pay all costs. If the sign nioving requires a hange in the sign face, the changes shall be made in a manner co sistent with the graphic design system established � �- for skyway igns , and the cost of such change shall be borne as . provided in the immediately preceding sentence. � BINDING OBL GATIONS . 26. S b ' ect to City Codes. The parties agree that in the constructio , maintenance, repair and operation of the pedestrian concourses, they shall be bound by all City Codes and ordinances c�overning t e System, insofar as they are applicable by force of law, , . 27 . S ccessors and Assigns Bound. The respective rights � and obligat ons of the parties set forth in this Agreement shall be binding upbn and. inure to the benefit of the respective parties, t eiz successors and assigns, and shall continue in force unti such time as said System or that part herein is � 23 , , - � � � � . � � (.� �-�o:�� , � _ _ � . - � � . � . ' vacated or � abandoned in the manner permitted by law , or terminated i accordance with the Grant of Easement. 28. Bu' �lin ton , Griggs and Mears Agreements Not Affected. It is unde ' stood that this Agreement does not govern the relationshil s and agreements by and between Burlington, Griggs and M ears, hemselves to each other, other than the requirements of paragrapY�s 21 through 24 above. It is further understood that the YMCA and the Authority consent to the construction , operation, � aintenance and repair of the skyway bridge herein and the pedestr an concourse area. within Galtier Plaza by Mears and any tenants ; of the Authority and their respective successors and assigns anc� any other party succeeding to the interest of the -- - Authority n Galtier Plaza, but Authority does not obl�gat� �.. itself . unc�er this Skyway Agreement except as provided in Paragraphs I 1 , and 7 through 14; provided , however , that the Authority's ,� successors and assigns, Mears and Authority's tenants . and their r spective successors and assigns, shall be responsible for and a�sume (1 ) the agreements and obligations of the Authority il Paragraphs 1, and 7 thrnugh 14 if and to the extent not completed or discharged, and t2) all the agreements and I • � obligation imposed upon Mears under this agreement. Auth'ority � undertakes and agrees that it will obligate its successors and assigns , y appropriate and contractual provisions inwany transfer f its int�rests in Galtier Plaza to perform the agreements ' and obligations imposed by this Agreement. � . . � 24 �I . - � � . l�� /a-�� . - . � � � � 29. A � reement Survives Conveyance, Is Not Merged• This Agreement s all survive conveyance and delivery of the Grant of Easement pr vided for herein and shall not be considered merged therein. 3�. 0 ners Retain Property Rights; Obligations Conveyed. The proper�,ty owners herein reserve unto themselves the unconditionj 1 right and privilege of selling , conveying and transferrirri their abutting and/or encumbered or involved real estate here n and assigning and transferring this Agreement to any otherllcorporation , corporations , trust , tr�usts , � individual ( ) , partnerships or other form of venture. In the event of t ansfer of any property owner's interest in the � � property, th owner (seller) may be freed and relieved, from_ and � after the da e of such transfer, of all liability as� respects the performanceiof any covenants or obligations on the part of the owner (sell r) contained in this Agreement thereafter to be performed; Irovided that owner ' s successor fully and without limitation n writi.ng assumes all duties, � responsibilities, covenants o� the owner (seller) under this Agreement. For the purposes of ;this paragraph, "owner" shall include, but not be . � l�imited to , �essors , lessees , sublessors and sublessees. � • 31. Ef' ective Date of Obligations _ S�waY• Seven (7) calendar day after the issuance of the 47ritten Notice of Final Inspection b the City, and its furnishing to Burlington, Griggs and �`ears, th obligations and duties contained in paragraphs 21 ( ; 25 . �_ � � � � . . . � ' . ��-�� . . � � � � � and 24 herei above, as to said skyway bridge , shall become � operative. A 1 other obligations and duties are effective upon � . the date of el Ecution of this Agreement. 32. Ef ective Date of Obligations _ Concourses. Upon substantial ompletion of the pedestrian concourse , City shall give writtenj otice of such completion to Burlington, Griggs and Mears. Seve�� (7) days thereafter the obligations and duties contained in, paragraphs 21 and 24 herein above, as to said pedestrian oncourse , shall become operative. All other obligations nd duties are effective upon the date of execution of this Agre ment. ' 33. No ices - Address. Any notice to the parties hereunder � shall be co! si�dered su�£ ficiently delivered if maileds _by registered ol certified mail, postage prepaid; as follows : a. ', 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 S.aint Paul, Minnesota James J. Bellus, Executive Director .14th Floor , City Hall Annex 25 West rourth Street • . St. Paul , Minnesota 55102 . � and City of Saint Paul Ed Warn , Director Department of Finance and Management Services � 26 . , � i . . .- . � . ��- ��3y , , _ � � � 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 cll To: �St. Paul-Burlin ton Limited Partnershi ' 9 , P Attn: The Palmer Group of the Twin Cities, Ltd. 18� East 5th Street Suite 301 St. Paul , Minnesota 55101 . . dll�' To: Keith and Diane Harstad 1 � I, � . _. T : J d he i M lloch 0 ohn an Cat r ne cCu To: Griggs-Midway Management Co. . e. To: Port A�uthority 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�rt may, by written notice, designate a different address to w ich notices to it shall be directed . � 27 , � . � -' . . � (d,��-/a�� . . � SA�'INGS CL SE 3�. S wa Policy Pertinent. The General Policy Statement ; � . for the Co struction of the Saint Paul Skyw� System, adopted January 8, ' 980, attached hereto as Exhibit E, (not including any later amendl ents) is hereby incorporated into this Agreement and its terms s� all be binding as to the bridge and concourse areas constructe pursuant to this Agreement. In the event any . ; provision f the General Policy Statement conflicts or is i inconsisten with this Agreement, this Agreement shall supercede and be cont�olling . i . � _ � _ _ . . � � . . . . . - . . . � , � � 28 I� . . - ; . ' i � �_ /�3� . , - - - � . APPROVED AS T FORM CIT� OF SAINT PAUL �, � � � B � ��:.��.,� L,t-� � ��- . �Z �! �,� ,� v.-,.— �``� I ts ',ayor ` B•.� � jI�s irec or , epartment : of � nning nd Economic Deve opment B . ' I�s Directo , _Department cf �inance nd i�lanagement - Services , � � ; � J �� `- I �s City Clerk . ; � � �i . 29 I- . , . . , � � � �-i�-�y . � i , ; - STAtE OF MINNE OTA ) ) SS. COUNTY OF RAMS Y ) � ,The foreloing instrument was acknowledged be�ore me this � ' '' d a y o �D��-r'�r� x / � 19 8 5, b y p�6�R�E��i'-i--�4-�-g,T �'y-U.- ��.�, Mayor of the ITY OF SAINT PAUL , a municipal cor oration of the � State of Minnel ota , on behalf of the City of Saint Paul . i • i:�"�`'::� SHANN N M. JOHNSON ` y :� �� uL. NOTARY EY COUNTYTA ��,. RAM n�p`res June 7,'1991 �-/ �� p�iy Commis o ST�TE OF MINN � SOTA ) ) SS . COUI�TY OF RAM EY ) �'he for�going instrument was acknowledged before me this r�l day df � (1(`�� , 1985 , by JAMES SELLUS , Director, Dep rtment of Planning and Economic Development for the CITY OF SAIty PAUL, a municipal corporation of �he State of �:ianesota , oni behalf of the City of Saint Paul . �� _ .. � r+,rrr>-:.�+sw�et.r•a�a;�r•�,.��.�..a..^a�.•��,+.r�w-c� " �f`;G;.' !. �C!:=r f ` . � `` h:OTF.?Y FU�UC F�Iti'c��0'A � , �� F'i�,S�I�EY �,.r,`J�� iY �' � .�'�,':.:�:`•�'''•y Co^�:mi�son Expires J„^`c? 13. 19�i S T A T E 0 F M I N I E S 0 T A ) `°�t�'�`��r�^F:-�i�s ) SS . COUNT�' OF RAI SEY ) The fo�egoing nstrument was acknowledged before me this 9�'`-' day ,' of �U� �1.�-� ► 1985, by EDWARD WARN, Director of ' he �epartment of Finance and Management Services for the CIiY OF AINT PAUL, a municipal corporation of the State of '�7innesota , behalf of the City of Saint Paul . � ` E N�1Ah/�NJ✓�/�M/dl � -- " � ��X/"' -— ' *' c'v%:�"+R !. ZUSAN , .: � ,y r�� —h',INl:ESOTA �`;�;i;:=' kC:',15� COUN7Y II,Y C�F��'�'�.EX.P ES MAY 3. 1990 tt VY�M • � � i . 30 i . I . - _ - . i .� . . � �_,a�y , STyi'E OF MINNII SOTA ) � ) SS . COu\TY OF RANL' EY ) The for going instr ment was acknowledged before �e tnis 1� � day of ��2�rc�/ , 19u5, by ALBERT B. � OLSON , City� Clerk of the CITY OF �?. I !� T PAliL , a municipal corperation ' f the State of Minnesota , on behalf of the City of Saint Paul . :,;��:�.., TRUDI M. HOELZEL :� li ��i; NOTARY BLIC—M�NNESOTA '�� RAM EY COUNTY ��'�...�• My Commis on Expires Oct. 15,1990 �_ � .. _ I II 1 i . C . 31 � i � � . . , � � � � �lo-/03� . r . � MEARS PARK DEVELOPNLNT COMPANY , , A Minnesota general partnership By �� Ro ert J . 3oisclair , ?resident The Boisclair Corporation General Partner � g Y �`� �� __ _�� Patrick u. ` .�uhr , a Partner of Alpha Enterprises, General Partner ,i MEARS PARK EAST LIMITED PART?1ERSIiIP, a Minnesota limited partnership � By: >�EARS PARK DEVELOrMENi COMPANY , • It General P tner By � R ert J. oi air , President The 3ois air Corporation General Partner . � By � Patrick *1. Ruhr , a Partner of Alpha Enterprises General Partner � � 32 � . _ � " _ � � � �-/�� . . � MEARS PrRK CE:�TRAL LIMIT�D PART'��SHIP, a Minnesc�a general partnersh:� By: ..�=�5 �?��: �Fv��o?:��..T COTiPAfIY its General Partner . By Ro *_ . B is ' ir , sident T:�e �oiscl :r Corpora�ion ' Gen2ral �artner � By ` � ' Patrick �. Ruhr , a Partner of . Alpha �nterprises Genzrai �artner I � � • < _ i I � 33 � . . ^ ' . Q.3 . (� � / . 5� . . � r � MEARS PARK WEST LIMITED PARTNERSHIP, a Minneso�ta limited partnership ' 3 : MEF,RS PARi{ DEVELOPMENT Y COMPANY I eneral P tner I By R � t . oi r , President The Boisclair Corporation General Partner . � � `. . By � 1. Patrick M. Ru r , a Partner of Alpha Enterprises General Partner I � , _ - � . � . � 3� . i , - � � ', � . � �-/03� r McCOLL L_'�ITED PART''�ERSHIP , a Minnes:,ta limited p�Ytnership i By: ''�-=.:'., ryRK D�`JELOF'��N:' COMPANY I �� G-neral ?Gr�ne_ By . Ro �� . B is � ir , resident The 3ciscl ir Corporation Gene�Gl Partner ^ \ ,� B y �� :� . ;' Patric;c M. Ftuhr , a Fartner of �lpha �^terprises General Partner . . � � � �I . �- � � � � � . . - � 35 I - _ , , . �� -/o.�� . _ . . - . r I JACKSON APARTMENTS REDEVELOPMENT COMPANY LIMITED PAR':t�ERSHIP, � � a Minnesota limited partnership By: NiEARS PARK DE`JELOP��IENT COMPANY i Its G neral Partner By Rob � J . Bo sc , ent The 3oiscla ' r Corporation � General Partner , , � By �� Patrick M. uhr , a partner of Alpa Enterprises General Partner ; �_ - -- i . (� � 36 i � �� . . , . � . � �i�� . � . SIBLEY APyP.T*iENTS REDF�JELOPMENT COMPANY LI"'iITED PARi''_vERSHIP , a Minnesota 1?mited �aYtne�ship By: ME�.RS PARK DEVELOF'�ENT COMPANY � Its G neral Partner . By Rob t J . 3 sc, lr , _ i ent The Boiscl �r �orporation General Partner i By '�' '� Patrick M.� Ruhr , a Partner of . Alpha Enterprises General Partner STATE OF MINNEISOTA ) ) ss . COt?�':Y OF RAM�EY ) - �- On this ' o�oQ-� day of , 1985, before me a Notary P blic within and or aid �ounty appeared ROBERT J. BOISCLAIR anc� PATRICK N'i. RUHR, who bein� each by ^�e 3uly sworn , did say that hey are respectively thz President of t:�e Boisclair Corporation nd General Partner of Alpha Enterprises , which enti�ies are eneral Partners of MEARS PARK DEVELO?'��NT COMPANY, which in tur � is a General Partner �n MEARS PARK �?ST LIMITED PART�ERSHIP, EARS PARK CENTRAL LIMITE� PARTN£RSHIP, ��ARS PARK WEST LIMITED PARTNERSHIP, McCOLL LIuiTED PARTNERS�:� ? , JACKSON t�PARTMENTS R� DEVELOPMENT LIMITED PART�ERSH ? P , AND SIBLEY � APARTMENTS R EVELOPMENT COMPANY LI?�ITED PART:�ERSHI�, that the foregoing ins � rument was signed on behalf of and by authority of the respectivj partners and partnerships, and ackno�a?edged that said instrum nt was the free act and deed of sa : d partners and partnerships . ' . � I � ,�. -- - ��"'` l�u 7r_•y iV1. Krauter NOTARY PL'BUC-MINNLSOTA � . MENNEPIN COUNTV MY CON1.115510Y F%FIRES,�QC. .�ill, �4Uti� � 37 _ I -- - - , , . ��/�3� . � . . � r � - '^ LINiI'r�D PARTNERSHIP ST.PAUL BURLING�ON � t;,zrshi ' nois limited ar p a Illi . BY: The Palmer Group oi the Twin Cities , Ltd. Its Duly Authorized Agent i /1 /�% ., gy . ,��,_✓_r � %�-�-''�__, i t s ,��.e-c�.. �/u�-c�%- ' � .� . By Its � STA�E OF MIN ESOTA ) �--� ) s s . COvtiiY OF ) � On thisl _ �--~ day of ,�., .F � �� , 1985, before • me,, a No a y Public within an for said County , appeared` ; and � � who b,eing � worn , did say that they are respectively the � ' and . of THE PAL:�iER GROU OF HE WIN CITIES, LTD., the duly authorized agent � of the ST. � PAUL-BURLINGTON LIN, ITED PARTNERSHIP , that said instrument , as signed by authority of the said partnershin and its partner�, and acknowledged that said instru�ent was the free act and deec� of said partnership. � � ��nti� .`�v1� s s r"� JONI L MONSON �1� • NOT�RY PUSUC MINNESOTA ' �° K'� COUNTY . , +t� ^,t. „T;, t1�y Gc��-� �_:a� Ez^,res May 1. 1990 u�n,�wvw.v,�u.�,�wwv�tivtivwwwvw x � ( 38 � _ ;. -. �� /a3� � �� ,� � y, �.�.�� KEITH HARSTAD � � �2%�C�- ��' `.c/`j�✓F`-�-.� - IA. E HARSTAD STATE OF MINNEI OTA ) - ) SS. COUNTY OF RAM�EY ) 0 n t h i s ' �' d a y o f _��rn.,�2c.� _, 19 8 5 , �efore me, a otary Public within and for said County , appeared KEITH HARSTA and DIANE HARSTAD , t� me p2rsona� ly known, and acknowledged aid instrument. - � ss..N+rJV+Mh'J�^^'`'`' d�/NN`✓J�• . `_ . . z ,;-'.� !C�rC�f� 1Q:ik:SOh � < - - - -i;, ':,�'.`;`.�SOTA y� • - _ � _ ! �: C S � -.i r ) ` ..�i. i y�.:i � J ri. 17 1.::?J Y 1C�W✓V�` . . . l 39 I � � . ��-i°�� , . . . � . . r� J "r��1 Mc � U � � CH � � -� /�/�� ' ,� � -� -. ATHERINE A�CCULLOCH . �CLI,� I�Gfn.0. STATE OF ) �o� � < �cs � SS. COUVTY OF ) S� I On this � day of � �- t' �:>l�t r , 1985, before �ne , a ?�otary ublic within and for said County, a�peazed JOH:: �!cCULLOCH an CATHERINE McCULLOCH , to me persona � � - known , and � acknowledged aid instrument. _ __ O FtGiAL SEAL /' / . '�' THO AS 1. McCULLOCH �^, - � `� N07AR PUBUC — CAUFORNM j / � / p NC�PAL OPFICE �N �� . � LO AN(3E�ES COUNTY � My Comm'ission es November 18, 1988 ,I � � . 4 0. I � �- � . . � �lo/D.� � ( ' � GR?vGS-":I�r�AY M=.ti��`�E':T CO. , a Minnesota generai partnershiQ By I s Gen �a Partner ; �� - By �'�i�� ,%/� Its �eneral Partner � STrTE OF MIP]I�ESOTA ) ) SS. CGliti1Y OF RA SEY ) � � , 1985, before 0 n th i s� �— d a y o f �/0�� me a Nota�y Public within and or sa ' d CouT�ty, appea°red �' —��i7--� ----- -- a n d _�Q� % .-�S�c� • ► t o m e personally k own, w ho, being eac h by me du l sw o r n, d i d s a y t h a t they are r s ectively the �Q�'!r�f�_ and ��,�U� �� of GRIGGS - N, IDWAY MANA GEM E N T C O. , a Minnesota ge eral oartnership, t?�at sai3 instru�ent was signed by authorit of its partn rs, and said _ l�h,� /�'l��(��c-�DC./�- and �� _ acknowled�ed said instrument was the free act and� deed of said partnership. tititiv�`^x •,�.rr;.,ti-,,nnn^n,I � ,'J` ^ " ^� ' �� -- ..0 . �W i<<�h _ ' . .1��•��'� TA �.. 'r 4'!.' ..��..0 �i � C'�, �U �n�i1� . `-. ._i _.. E- 4.v.`•,.,'�,.;ti'�v`N�'* � � ..�.'-�iv'.'J` Y-;v�.. ... � . . 41 i - . . -, � � �-�d3`� . � � THE SAINT PAUL AREA YOUNG MEN ' S . CHRISTIAN ASSOCIATIOU, a Minnesota nonprofit corporation �' '�'� � : g �-r��L/ , \�,, �/�`i;r�' �.E^�� y �, i zts �hait�� i � � � ; � B y �n-- ��.- I ts �/.� c . �� c��GS�� STATE OF MINN SOTA ) ) ss . COUNTY OF RAM EY ) On this � day of , 1985, before me, a Notar Public within and for sasid County, appeared _�� . ' a n d �j.-�.,�, o�'. �`'�.v�-zJ , t o m e p e r s o n a 11 y known, who, eing each b�� me duly sworn, did say that they are resp� ctive y the ____________ and � /t,e,Q;c� of the SAINT PAUL AR�A YOUNG MEN'S ,. CHRISTIAN AS OCIATION , a Minnesota nonprofit corporation, that said instrum t was signed by authority of its partners, and said ' ancl Q�,,,,t, , �h..e..�.✓ acknowledged said instrume, t was the free a t and deed of said corporation. - � •�t _�~_ _.,__-____�.-.-, � `L�..:-�.=��- _-_- - -- . - ----- ; �, � ' 42 i � II ' � .: � - � ��-id3y _ . �� . � � � . POR'T _�L'THOrZI TY OF T:?E CI i� 0�' SrI\T PAli; ' �� 1 ��' By Its _ Exectttive Vice President STATE OF MIN. ESOTA ) , ) SS. COUNTY OF RAISEY ) � The for going instrument was acknowledged be�ore me , this /5 d a y o f �l�.h�-�� __. 19 8 5, b Y �.�,�-4.�,. �. r�i�.z,..� . of the PORT UT ORITY OF THE CITY OF S�INT PAUL, a body corporate and politic under the laws of ?�: innesota , on behalf of said Authority. �` e � _. . �� Na'tARY �—Mtttl�E9GU � ..u-t-� �j C�-��- COUHTY c� MY�N1AA, IRES SEP. 18, T 990 Y ' I • . • • . � � � , . 43 � - I . . . ' � ' . �� -lQ�� . ' � GRANT OF EASEMENT — �� (c orm) WHEREAS ' ( Name ) _ , a _ ( describe Grantor's form of organization and na�e partners, if any) , which are/is ereinafter called "Grantor" , are/is the owner in fee and of th t certain land situated in the City of Saint Paul, County of Rams y, State of Minnesota, more particularly described in �xhibit 1 , attached hereto, hereinafter called "Grantor's Property" ; an WHEREAS, Grantor has agreed pursuant to that Agreement dated by and amonq the (name of third part ) , the City of Saint Paul , a publ c easement for purposes of pedestrian ingress, egress and tr nsit through Grantor's Property for the pedestrian Concourse Sy tem of the City of Saint Paul , hezeinafter the "System" . NOW THE EF�RE , in pursuance of that Agreement, and in < consideration of the sum of ONE DOLLAR ($1.0�) and other valuable_,. cansideratio , the receipt and sufficiency whereof is hereby acknowledged Gzantor , for itself , its succes�sors and assigns, does hereby rant unto the CITY OF SAINT PAUL , a Minnesota municipal co poration, a public easement for public pedestrian ingress , eg ss and transit , in and through the Grantor' s Property and he structures thereon, described as: ' all of which above-described areas shall be collectively referred . to as the "e ernent area" . Public se of the easement area is expressly herein mac7e subject to s ch reasonable police measures regarding open hours and closing n�► part or all of the easement area within, on or over Grantor' Property during non-business hours, and regarding �ubiic condu t within the System , as tae City of Sai.nt Paul , by � ordinance, f om. time to time determine. . 4 4. . i , _ _ _ = �� . � � . T?�e publii 's right herein to pedestrian ingress, egress and transit, in anl through the easemen� area granted to �.ity herein, � snall also bel and hereby is , made su�ject �o sucn reasonable T�2asures rega�ding open hours and te.��porarily ciosing part (s) or all of the ea ement areas within or on Grantor's Pro�erty as the City of Sain Paul may , by ag � eement with Grantor or its successors a d assigns , from time to time de�ermine. This � provision sha 1 not diminish the City' s right to , from time to time, exerci e its police oowers unilaterally, by ordinance , concerning opi n hours , or temporarily closing part (s) or all of _ the easement' area , or concerning public conduct within the System , nor s all such agreed or legislated hours in any manner restrict Cit ' s easement interest , but shall affect only the publi.c's righ to pedestrian ingress, egress and transit in the City ' s easeme t during the hours so agreed or legislated. The gran of easement herein shall be subject to the right of the Granto to change the location of the easemen� conditioned upon the gr nt of a new easement which shall permit the continuity o the System, and on the further condition that the *�ew easement rea shall be instal'ed at �he sole cost an3 expense of the Grant r , and , on the furtner �ondition that no cnange in the easement ocation shall be -made without the a�provai of the %" City of Saint Paul, such approval not to be unreasona�ly withheld_ __ � and, on the urther condition that said new easement� shall be surveyed anc7 described by a registezed land surveyor at the expense of G antor. The Grantee s;�all have ninetY (9�) days after the submission in which to a rove or re ' ect the submission. f the Grantee re 'ects the submission, it must do so in writing w thin the ninet (94l) dav �nriod and in such wzitina set forth in detail the reasons for � such re ' ection. If the Grantee fails to re 'ect the submission within the ninety (9�!) day . �zriod, its nsent shall be conclusively presumed. Notwith' tanding anything to the contrary herein, the easement gr nted hereir. shall be limited to the life of the improvementsl, constituting the Syszem Gnd shall ter:ninate upon the hapoening of 'either of the following �vents: A. I In the event any easement granted herein is ' , vacated,� abandoned or discontinued in the manner permitted by law. B. In the event the building (s) in , upon or over which t e easement area is loca :.ed shall be substantially destroy d . or demolished and sucn buildino (s) shall not be _repair or reconstructed; pro•� ided , however , that in the . � 2vent ucn buildin ( s ) be r� constructed or replaced , , � Gzantorl, his successors and assigns agree that , without 45 � . . , • ; . . � -� ' � . . � �-�a.3 f , . . _ ( further�l consideration , a substitute easement of substan ially equal convenience , area , and general configur tion shall be given. In the event be easement or any portion thereof is relocated , vacated or t rminated under the provisions her�of , City shall furnish a rel ase of such easement or portion thereof to Grantor, its successor� or assigns. Grantor , for itself, its successors and assigns, does hereby agree that f� r and during the life of said easement , Grantor shall be res onsible for and provide for the cost of all repairs, improvements ; and replacements of the easement area as described herein, it b ing understood that the aforesaid covenant shall run with the lan�. TO HAVEI AND TO HOLD said public easement for pedestrian ingress, eg ess and transit until the System is vacated or abandoned i the manner permitted by law or terminated , in accordance h ' rewith. I�� WITN� SS WHEREOF , Grantor has hereunto set its hand this day, of , 1985 . L: B ' Y . - ��antor ' s � _ � _ By Gzantor ' s STATE OF MI NESOTA ) ) SS , COU�ITY OF R�� MSEY ) On thi,ls day of ' 19 ' before me, ', a Notary Public in and for said �ounty, appear�d� ' and �' � me personal ly known, who, being each by me duly sworn, did and that they— re respectively the � of said Grantor , and that -------- --------------and--- acknowledg d said instrument was the free act and deed of said Grantor . � EXHIBIT A � 46 I ,� � I . 1 � , � �- °' I . _..__.....___�._�-� -- � -� � -- - ---._. ro c ', � r- ' � , � • ' �� -�`, - � � ' , C,;r� d��-/a3� � p Ja kson Street � � � , J 1 1 l .1 � _.� — . � --� . i �,` �.,� � � ; . .� � , �- __: � ; ?� - . �---� �--,�-, , .,,, � , _ 1 .,._._ � ., . I ,. l , .i� ? = K c ! —J \, _ � ; � — ,� ; � � � . � . ' � r« � �� _� ' � � � / J - ; � � �! 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':�:::`�::�i:?:;:::_•� : - . • �\'�\� \ \t'\;i:�:::i`;.::.:.:::: ::�::�::::f�:::»:c>:�=:i::»>5»:.�>:'�"�::�: ti'i� \ \\` �;... _ \\\\\ \\\.t.::.::;::;i:�:;�:::..(�:;�:�::�:2=>:%�>�i:�:%:::;�::�:.::>::;:;•;:..?!�� \ \\` � \\\�� .. � .� . . ... . ...... �\\\\\\\\\ .\��\\\\\\ � C • ■ � ■ � ■ t ■ � ■ t� � � .�\\\\ j• � .\\\\ \\\\\\\\ n � ' • .\\\\\ \\\\\\\ ' � � I .\\\\\ ' \\\\\\\ � .\\\\\ \\\\\\\ � • • .\ \ \\�\��♦ � � �" . -_— `—�-- - - --_ . -.-_' ; --. � Fourth Street _ . , � . . . ,,'; � . � _ � -/63� . � . r j ' ( • � GENERAL POLICY STATEU�ENT FOR THE CONSTRUCTION OF THE SAINT PAUL SKYWAY SYSTEM ADOPTFD BY TH� - CJTY COUl�'CIL Or ' SAINT PAUL, hf�INl�'�SOTA JAt�UARY 8, 1980 :�:..0: : ---� _. - . . . , ' .. ��. � . . . . . DLPARTMLNT OF PLANNING AHD ECONOMIC DEYFLOPt�4ENT • � OF TH� CITY OF SAINT PAUL, tJ,INNiSOTA • ( , This Policy State ment Supersedes ' and repl�ces tne General PoJicy Sta;ement � Pedestrian Concourse Svstem Downtown Urban Re�eu.•al ?roject �' �� I - ti9inn. R-20 • �J�// /$ / T � I • J. __ _ J l . �L_ ' - . . . ' i.' . r ' � _ . r . . . , ... GctiERAL POLICY STf,TE��ENT '� � FOR CONSTRUCTIOh OF . .THE SA}NT PAUL SKYk'AY SYSTEM C ' TABLE OF CO�'TENTS . ' PAGL NUN►BER A. PURPOSE Ah'D GENERAL DESCRIPTION 1 . �, p�VELOPMENT PREti11SES A�'D COnSIDER�TI01�5 1 G SKY�'AY SYSTEM ELE!�4�NTS DEFINED 3 � 1. Concourse Corridors 3 2. Nodes 3 3. Bridges 3 4. 6ridge Support S:ru�tures snd Services 4 5, Vertical Access Facilities 4 D. COST SHARING AND FUNDING POLICY � ° -1.Bridges � - S � 2. Concourse C�rridors and Nodes �S �- - 5 3, Bridge Support Structures and S�rvices 6 . 4. Vertical Access Facilities 6 . . S. Directional5igns 6 � � 6. Hardship Deterrr�inations � E. R�t�UIFtEMENTS FOR EXPENDITURE OF CITY FUti'DS 1N HARDSHIP CAS�S 7 1. Cost Estimates and Reimbursements � 2. Submission o! PlanS . = ' � , . E-'. D�SI�\ A'�U :�SATE�tZIALS REC�UIRE�►En iS P.�'D STAnDF�RDS . � , � 1. Sicyway System Symbo! � 2. Skyway System Graphics � 3. Skyway Equipment g 4. Skyway Floor 4laterials 9 S. Concourse Ceilings and Lighting 9 6. Skyway Syste�n Wails 9 � 7. Skyv.�ay CoJors 10 � � G. E�=,SE�1E�'T KEt�U1REh-1E\TS ' 10 H. UPERATION Af�U i�iAlt�l'ENAICE REQUIREh1ENTS 11 - � : ;'�., . . � .. _�6�� . �" � . . . _' � :�. PURPUSE ND GENERAL.DESCRIPTION . � . I Beginning with�''�, he Downtown Urban Renewal Project Area—h4inn. R-20, the Housing and kedeveJopmen� Authority of the City of Saint Paul has developed a sky�.�ay system in dok•ntown Sain Paul. � As useo herein, the term "skyway s��stem" is incJusive �nd encompesses �he following: . tl) concourse c rridors, i2) node poinu in the concourse corridors, incl�ding, where feesible, one m�jor nod c�ntral to each block, generally at .ne point where several concourse corridors inte-s�t, (3) b ides spanning streets, (4) cert�in vertic�l �ccess facilities connnecting the concourse corr dors to public streets or other p�b!ic property. The prim�ry purpese of this skyway system is.to diver: pedesvians from the minimal width street level sidev.�alks, enabling peoestrian traf ic to rnove in an encJosed environment protected from aoverse weather snc vehicular t affic. The skyway system has significantly reduced pedestrian-vehicle conflicts a; street level, particularly during periods of p�k traffic, thereby permitting a smoothet f;ow of vehicul r traffic and greater safety for the pedestrian. . � , .....,_ , _ __ ;_ . i�notner irr,por ,ant benefit of the skyway system is ►he opportunity �fforded developers to provide-sho and office space abutting the concourse. In the use of such shop space, zhe public will e unhinoered by adverse wea►her con�itions and traffic, thereby promoting . the oesirabilit of shopping and doing business in the connected builoings and contributing to the econorni strength of Do��ntown Saint Paul. The skyway system, thro�gh the efforts . of the oevelop �,rs, also rnay contain sculpture, water displays, artwork, and other elements contributing toI the aesthetic ano cultural enricnment of the citizens of the City, thereby t�econiir,g a f o s of activity in the downtown area. The general location of the skyway s�-stem, includi g concourse cor�idors, nodes, vertical access facilities �nd bridges are sho�:�n cr� the o tached ir�ap. • B. UEVELOPh ENT PREvI1SF5 A�'D CONSJDERATIOti'S lncor�ordtion the public skyway system into privote development �nd building o�•nership presents sorne nique implications for both the public, owners, and redevelopers. �'ith ( rrcotnition of he public and private interesu involved in the skywav systerr�, certain . �r��r�i�C� ►�ave e�n establisf�ed relating to tne sys:em, �no tnese prerr�ises sre �asic to • tr,� reoul.:tio�s anC deveJvpment crit��ia established for the s►cyv.•oy systeir. as set iorth ;r, succ�_c:uinb s� ctiuns. The follo�ving premises 'apply to the entire sky��ay systzm, even i -- - � . . . -2- . .'_ � . '� . I, The sky�.�ay system will be entirely enclosed GRU CGpable of being heated and cooled - to a temperature comparabJe to that maintained in office and retail areas. The term . ( "enclosea" shall mean protected f rom the weather, though the zrea of the sKyway system need not necessarily be confined by i�ts own walls. The concourse corridors and bridges v,�ill be constr�cted at a standard width of 12'0", with a larger area to be deveJoped at nodal poinu. Those segments passing through existing improvements to r�mzin wili also be at a standard width of 12'0", except where in the judgment of the City, physical limitations of exis:ing buiJdings, such as column spacing, fixed verical element locations, window opening, etc., render achievement of a 12'0" width impracticzl, or would constitute an undue haroship to the owner. In such instan�es, a lesser width may be �llowed. � will be directly 2. The success, that is the oegree of utilization o. the skyw�y system, related to the convenience an� comf ort it aff ords pedesvians in the downtown. 3. Any and alJ public expenditures i'or the skyway systern must be limited only to those . improverrrenu th�t are of public benefit: �'hile a��jacent buildings may derive peripheral benefit f rom � public skyway eb'�tting their prope�ties, no segment of zhe skyv.�ay system � Df�ltS f acilities that are of primary benefit to private interests can be consuucted`with � public monies. The City shall reserve to iuelf the sole and final determination es 'to what � improvements are of public benefit. ' 4. The sicyway system must have a design ioentity of its own, aistinguishing it from other � ., '�, areas ��itn pu�lic access within buildings cs an ai� to citizens in finding their way throughout the system. Further, where public funas 2re expenced f or the skyway system, it must �e possibJe to readily identify those areas publicly p rovided so that the citizens are cognizant of their right to use sucn areas. The system rr►us: possess directional clarity and be accessibie, ioenti:iable and continuous. � ' he sk v.�a � s stem must functionalJy and vis�alJy help to unify Zhe downtov��n. It should , S. T Y } Y be urban in character an� should provide a varie:y of special experiences; it should not be of monolithic design throughout its length. Tne skyway system should possess a variety of floor to ceiling heighu and abut spaces of varying design and aetivities. Nevertheless, i; rr�ust stil! possess enough common elements to provide the directional clarity, continuity ano ice�tity required. r - - �� " ' 3 . • . ' : . . . � �-�63� '� _ / 1 1 C. SKY� AY YSTEM ELEt�1EhT5 DEFIhED � ' The skyw�y s I'stem consisu of five elemenu: l. Concourse':Corridors - Concourse corridors will run through a bJock f rom building face to building fa e conneciing to a skyway bridge. The primary �ublic purpose of such concourse corridors is th� accommodation oi pedestrian traveJ from point :o point, and as such, a s:andard widt of l2'0" is established for su� e)ements. 2, h'odes - N des are the points of intersection of several cancourse corridors andfor - the location o z vertical access facility. At such poinu, pedestrian traffic is likely to be heavier an moving in varying directions, cfirec�iona! decisions are rnade, and other • ac;ivities ma �e oc�vrring. S�ch nodes m��st cle�.rly possess a e�sign identity and eharacter sep�r�ting th m from abutting pFivate areas, �nd must be primari!y or�ented to the public purpose of ac ommodating pedesvian travel in tne skyway system, including orientation, ' airection cnar� es, and congregation or, vertic�l movement to s►reet level. The siZe �.nd :.� , ca�figuration f the nooe will be dependent u�on :he number of concourse corridors intersecting �its lo�ztion w� hin the downtown znd the overall skyway system, arrd the amount and nature of anzicipateo'i pedestrian activity within the node. The node m�s: be large enough.te accommooate anticipatea pedestrian activity and to constitute a special area of importance witnin the ov� all skyway system. Therefore, a wider than 12-foot standard concourse � r .. ' �tea ��ill be r�ouired, where possib)e, at one major node in each bJock and may be necessary ��t other node� Secondary nodes tnay also occur in some instences, especially at points . � of verti�al ac ess to the street. �C'here appropri�te, such are�s sh�ll also have a width wi der tha.n th norm al 12 f eet appropriate f or concourse corridors. 3. Bri�9es - ridges generally span streets and sidev.��lks be;w�een property lines and perform • esser�tiall}� th sar��e public function as concourse corrido:s; therefore, the bridges will be . buil: v.�ith a st nddrd clear ��iath of 12'0". Also, the City of Saint Paul currently requires - � e minir��um br oge height clearance of 17'4" at the center of tne street which it sp3ns. brioges may s �n private property but must connect to an acceptable segment of ti�e basic skyway syste , giving access to a pu�lic street o: o►�er public property. Brid�es v.�ill be ( uf a cor�sisten design throughout the downto�.•n �rea, �onsisting basicall�� of exposed steel vierenoeel :ru ses paintea deep brown, with terr�ZZO floors �nd an e�,b crste �rid Jumino�s ceilinb. ' _ �j • � � _4- � , . ► - � � • • • � , . � �+. 6�id�e Su� ort Str��ctures and Services - Bridge support structures will su�port the bridges '�+ _ I at either end and will be.contained v��ithin the buildings un less i t i sv tes are def ned z athose � . to provide bridge supports independent of the building. Bridge ser ic elec �ical ano mechanical systems which provide heating, cooling and electrica.l service to the b�idge. Also intlu�ed is the roof arainage sys:em. . '� 5. \'er:ical Access Facilities - Vertical access f acilities in the f orm of eizher stairs or . ' esc.ala►ors provide access to the concourse nodes, corridors, ano the b� ioges from the street. Vertical access be�tween the concourse �nd street leve! will be required tnroughout the sk way sys►em with escal�tors being required at the principal points of acceshe br d esYW�Y Y g system. Generally, vertical access must be provided �t or nea� each end of t crossing streets and may a.lsc be required at other locations within the �et e ticaleaccess will also be required within each buil ding in t he s k y w a y s y s t e m t o p r o v i f or the handicapped. D. COST SHARING AND FUNDING POLICY ollowin�cost sharing and funding policy applies to all skyway system elements (concourse . The f g _ _ idor� nodes, bridges, bridge support svuctures and services and vertic�.l access facilities) corr , � not unoe� a Construction contract at the time of ttie adoption of this policy by the City I herwise s ecifically exempted from this policy by the City Council. Such ', CoUnul, unless ot . P - sk way system elements specif ically exempted by the City Council will be ban Renewal � Y �� the General Polic Statement - Pedestrian Concourse Svstem-Downtown � ota R-2D as adopted by the Housing and Redevelopment Authority of the Pro�ect-y�innes � � �ity of S�int Yaul, Viinnesota, Revised August, 1972. This•cost shar ing and funding policy is considered to be consistent with S�. Paul`s adopted i _ Ca ital Alloc�tion Policies. The skyway system is considered to be � Servic� onsihe mep Svemen P ' �nd any proposal for an addition to the existing skyway systern euand final determination of each proposal as to its economic benefit to the City• T�ih�he Ci:y Council. f or each addition to the existing skyway system wili rest , � . ' • I� S ' , —�� , � .. . . �� 'i � � . � 1. brid�,es - Thl City wiJl pay not more than one-half the total cost o: each skyway bridge, including constr ction �osts, architett`s f ees and o►her ass�ciated ccsts. The exact amount will be negoti�t d between appropriate City staff ��d benefitting building owners or developers. Tne City Couna 1 will make the final determin�tion on the exact ccst to be borne by the . ' . City. � 2. Concourse I orridors and Nodes - Benefitting builoing owners or developers will pay all costs f or co structing, remooeling or reconstruc�ing their bLildings to provide acceptable concourse corr� ors and nodes through their buildings. o in owner at each end. 3. �rici e Sup rt Structures and Services - Th� developer or bui7d g of the bridge 11 be responsible and wil! pay all costs f or the provision of structural supports witRin the buil ing, which are necessary to a�corr,modate the bridge. The City wiil not be financially spansible for such increased structure to support thF bric+ge, nor will the City build inde encient supporu for the br.ic�ge at ei:her end�at iu expense. ' C u'ith respect t bridge services, the building owner or developer will design and connect the mechanica� and electric�l systems of its b�il�ings to the bridges ano supply to the btidge facilities the n cessary heat, cooled air; a.nd elecvical power from the mechanical and . . electrical syst ms of its buildings, unless the buil�ing owner or developer is advised by the . ., City that, for specific bridge, a previously constructed building'already contains such . . facilities. Wh rc a bridge connects the improvements of one developer or building owner with that of other developer or building owner, each party so connecteo shall be responsible for agreeing a' to how they will share the cost of providing the required mechanical and electrical ser ces to the bridge. •Such a cost-sharing agreement must be reached by the affectec parti s and submiTted to the City for its approval prior to the start of 6ridge c�nstrucl For brid�es in e�� builoings for wh�ch the Jocation is determined at the time of working � drawing prepa ation, the oeveloper's working �raw•ing and specification will incluce mechanical and electrical equipment design, location and connections to supply necessary services to the brioges, or bridges where precise location is not yet determined at the tirr�e of working � drawing comp etion on the building, the devefoper must agree to ret�in the service of iu , arcnitect, at he time such bridge location is de►ermined, to provioe necessary oesign servi�es ' as stoteo sbo le. " ' � • i � � -6- . _ . A � ' :.',' . • . � The building owner or developer must agree to ret�in the services of its architect to provide . inf ormation, drawings, documents, and to spend the time necessary with the City's atchitect in order to coordinate the provision of�mechanica! and elec:rical facilities to the bridgt and to resolve all structural, aesthetic and related rna::ers relative to bridge connections. All such design, consultation and coordination will be accomplished in a timely manner so as to permit construction of the bridge as soon as ►h� two buildings to which the bridge conne�u are capable oi receiving the bridge. �. Vertical Access Facilities - Vertical access facili�ies will be installe� by the benefitting building owner or developer at no cost to the City. Existing vertical access f acilities wil! be used wherever passible. The City Council may, at iu soIe and final determination, require the installati�n of escalators or elevators as pzrt of the skyway system. The benefitting buiJding owner or developer will pay t.he costs of such vertical access facilities. S. Directional Si�ns - The City will pay for the manuiacture of �11 iliurr�inated directional =- sign.boxes and fates within buildings. The ber�efitting buileing owner or developer will C pay all cosu f or supports, electrical service, installation, operation, maintenance, repair � and re�tacement o� such signs. Such dire�tional signs sh�ll be installed by t;�e building owner or developer prior to the opening of the skyway bridge, or bridges, f or public use. � ..6. h�reship Determinations - If a benefitting building owner can show to the satisfaetion + of the City that the costs noted above constitute an economic and financial hardship, the City may consider financial assistance to any building owner (other tl�n a developer) in an amount not to exceed the market value of the square footage of tha► part of the building •� • which is required for second-level skyway easement purposes. Develope�s shall not be eligible for such�harciship determination. As used in this sec:ion, developer sha!1 mean that person, � • .partnerst�ip, joint venture, or corporation who is construc:ing a building or building addition . to which a skyway bridge will be connected. In cases w�here the modification oi mechanical and elecvi�cal equipment in a building proves � ecenomically infeasible, the City will consider providing the necessary mechanical and eJectric�J equipment as part of the skyway bridge. The City will make ine final deterrnination as t� ��etner modification of inechanical and elec:rical equipment is, in f�act, economically � infe�si�Je. The City Councii will m�ke the �i•nal de�ermination on all such hardship cdses. . . ; ,- (J��-�o:�� , ,; � . -�- . . � . . .- w • � ( E. RE UiR�.n�EN FOR ExPENU1TURE OF C1TY FUNDS iN H�;RDSHIP CASES . 1: Cost Estimates I nd Reimbursemenu - As requiremenu to the expenaiture of City monies f or skyway i, ystem construction where the City oetermines there is a hardship to the building owt� r, preliminary plans and cost estimates therefor will be submitted fo� zpproval by th� City. In no event shall the City provide monies unoer the provisions of this oocument f r improvemenu which are not clearly identifiable as part of the skyway system. Tne cost stimates provided by the owner will include the estimated square foot _ cost of all finishes integral to the area of the skyway system as set f orth in Section F. . Such cost iniorma ion shail included estimated costs for approved vertical access facilities to be provioed by he owner. If the building owner undertakes to `:�ve any of the above improvements don� by a conuactor other than the con:ractor being reteined by the City to do the bridge c nstruction, zhe City will reimburse the building owner only for actual � costs incurre�: 5� h �osts must be proven to the satisfaction of the City. - , 2. S�bmission of ' la.ns - Plans shall be submitted by the builoing owner for approval by `�- the City, indicati g all materials snd finishes used in the skyway sys�em and the �rchitectural manner in 4rhich e skyv.�ay system is separated f rom abutting privete'building areas , where the concou e occurs within the owner's building. The City wiil m�ke certain �dditions to such dr�wings, including signs and ather graphics, furniture, and other elemenu consistent . �with a'chieving iol ntity and design continuity for each segment of the skyway system. .. ��. ' � . . F. �D�SIGN A\D t�'�ATERIALS RE' UIREA1En'TS AND STANDARDS in order to achiel e tne design identity, continuizy, and ease of orientation neces5ary if the skyw•ay syste� is to function effectively, the City has estab!ished certain design and • • - materials requir ments fo� the skyway system.. The design of the skyway system within , eech block shall dhere to these requiremenTS. V�'ith the exception of ihe design and construction . of directior�al si ns as noted in Section D.S., the developer or buitding owner shall be responsible f or alJ costs of sign, construction, installation, maintenance, replacement ano repair oi all items enu eroted in this section. ( . . � ' . -8- , , � . . ' r : � � � . . . ' - �f. �, . 1. Skyway System Symbol - A.graphic symbol hzs been developed for the skyway system. � � Such symbol shall be used to indicate the location of the skyway system within the building ` in a manner approved by the City. No other use of the symboJ ��ill be permitted. .: 2. Sk}��ay System Graphics - Graphics will play a vital role in orientation in the skyway syste�n, and through consistency of ciesign and placement, vrill also cons:itute a vital element in achieving skyway system identity. The City will be responsible f or the design and location . of all skyway system graphics; the types of graphics and general location criteria are as f ollo��s: (a) Directional Si�ns - Directional signs are the largest �nd most conspicuous signs in the skyway system. They are used to give oirections to streeu and to major buildings in the skyway system. All directional signs will be attached to concourse ceitings {or suspenoed f rom the ceilings, depending on ceiling heigh►), will be perpendicular to the axis of the concourse area in which they are located 4nd will be the only such signs to be mounted in this manner. The most impor:ant of such signs will be illuminated. The building owner wil! provide: 1) support f or tne directionaJ signs above the ceiling; 2) eJectri�aJ services to the signs; 3) the pendanu which connect the signs to the structure • above the ceiling. The City has developed standard designs for the direction�.l-signs � and will advise the developer or building owner of the spe�ific location of the pendants ' and signs. � �(b) Maps and Route Directories - Wall-mounted or free standing maps and ' route dire�tions of the skyway system will be placed in prominent locations at the head of vertica! access facilities, within nodes, or in other appropriate locations so that the pedestrian may, together with the directional signs, determine tne skyway route to be used in order to arrive easily and quickly �t a desired location. � ' . 3. Skyv.�ay Equip�nent - To achieve pro�ninence and identity for rnajor node areas, the building o�.�ner, witn the ap�roval of the City, is encouraged to provide skyway equipment in and near the node areas. Such equipment may include sculptures, decorat;ve f�untdins, public telepnones, public toilets, drinking fountains, kiosks for display of material of public interest, ' benches, trash receptacles, pl�nter boxes and other equipment as approved by the City. Tne Jocation ai sucn equipment in or near node areas will be determined jointly by the City and the building owner or developer, based on onaJysis of expected traffic patterns within the node and to adjacent private areas. The City and the building ov.�ner or developer will jointly appro`�e the design of all such eleinents to be placed within the skyway system. . . <:� - � -9- � �f� -/03� �, . 1� -.+ j '�+. Sk��wav Floor �� tetials - ,All skyway bridges wilJ contain terr�zzo f}oors of a brown � Y and grey chip in a ark matrix (Venice Art tilarble V-1036, or equiv�lent), herein referred ( to zs "skyway terr�.zzo:' The City ��ill require the use oi skyway terrazzo in all or a major portio� of the nodej to be developed central to each block of the skyway system. Such use of � constant aterial to each bridge and centr�l node will es«blish a repet�tive rhythm oi spaces that will � id in achieving identity and co�tinuity f�r the skyway system. In concourse. corridors running bI tween bridges and nodes, other :Ioor materials may be used, though a consistency of fl r material for concourse corcioors must be maintained throughout �each buitding. Sky' ay terrazzo and tne concourse corrioor floor material may not be � used, u�Jess chang d in color tone or texture in private non-skyway building areas in proximity to the skyway syst m -�where such use would ten� to obscure the� identification of skyway � m�terials With con ourse areas. If the building ow�er cnooses to use carpet or other non- permanent floorin moterial for concourse corrioo;s, the building owner must agree to replace such carpe �ith new carpet or other material matching as clesely as possible the origina} in color a texture at such intervals z rnay be determined �y �he City. S. Concourse Ceil n s and Li htin� - Concou,-se ceilings shall be oi the s�me materials throughout �ny on building. ►V�inimum ceiling height shall be 8'J", and no signs or other -�_ graphics other-tfia as specif ied �bove sl-►all be f estened to, or sus�ended f rom, the_ce.iling. Li�ting fixtures s all be recessed or a:tached in immediate proximity to the ceiling; hanging or p�dant fizture wil! not be permitted. Luminous ceilings are pesmitted. Artiiiciai l�gliting intensity s all be a minimum of 3D f.c. at every point along the floor. The artifieial � lighting shall be s plied with ele�tricity in such m�nner thaz the interruption of service .. in any circuit 'insi the building will not result in total interruption of the required lighting. � 1;'t►ere adjacent pr�vste building areas are open to the concourse, a differentiation in ceiling u�a�ment, height,'� light level, and/or light color shall be achieved. At noaes and at other loc�tions w�here ce� lin�-mounted directioral signs are :o be located, additional lighting ano/or ou►lets sha� be provided to accent such graphic materia:. ' M� .b. Sk wa Svstem' u'alJs - �'here the skyway system s defined by wal:s cr partitions separating. the concourse iro adjacent private building areas, such wails may be of a design and function consisten with the use and architectural design of such private building areas. Exceptions will be required at wall areas where graphic panels, m�ps, route dire�tories, . or other skyway-r lated graphic material is to be located. Skyv.�ay systern v.-alls shall�be of �_ durable, easily ma ntainabJe, finished materials. �t'here shop signs, depart�nent identification , sigr.s, or o:her peri anent graphics not relazed to sk��v.•ay graphics �s s�ecif ied eb�ve are rrquired, thzy'�shaU be located on and%or parallel to concourse wsl:s at a height between 7'G" above the iJo r, except signs painted on shop windows may occur at �tner heights , � ' . , �. + � . • • , 'w consistent with good design practices. No signs, excep: as specified for skyway related .. graphics, may �roject from concourse walls into the concourse easement. . � 7. Skyway Colors - Skyway-related signs and other graphics v.�ill employ a specific color scheme throughout the skyway system as developed by :he Ci►y. Non-skyway retated signs and graphics in proximity to the concourse or node area utilizing the same coJor scheme as sk}�way-related graphi�s will not be permitted. G EASEME�'T REQUIREMENTS In�order to assure public return for the public investment made in development of the skyw2y system in the downtown, all areas of the sky�.ay system rnust be Iocated either on public property or within public easement grante� without consie�ration by the developer 'or building owner. Such easements shall be coterminous with the designated area.s of concourse corridors and nodes and vertical access f acili�ies; also, shall extend on the ground floor f rom the f oot of vertical access f acilities to � public sidewe,lk or other public property, ' giving access to a public sidewalk. Such easemenu sh�ll be requiree for both those skyway ^ �. �system elemenu for which the City is responsible and those eleme��s constituting a link in the basic systern for which private parties may be responsible. The easements will be �• in f orm satisf actory�to the City and will be limited :o the lif e of the irr.,�rovemenu.consiituting the skyway system. The easements wiil grant to the public the right of use of the skyway . � system f or purposes of ingress and egress and peoestcian transit witnout limitation, except •� � il-�at such easements may attach ceasonable conditions regarding clesing parts or al! of y the skyway system within the developer's or owner's s:ructural improvements during non- business hours as dictated by reasonable security requirements of the buildings threugh which the concourse passes. � . ' . . � SuSject to the following conditions, the developer or b�ilding owner shall have the •right . • � at �ny time to change the locations of such easements and the easements shall so provide, , on the condition that new easements are granted ��hich permit the continuity of the skyway system, and the developer or owner installs a new pedes:rian concourse on the new easement area at the developer's or owner's sole cost and expense. _ ' -] 1 • - � .�M�f � � ��`=�/o3�F ` . . � � . �� . � ln the event tH oeveloper or owner elecu to substitute � new easement location, it will submit to the ity the description thereof, the plans and specifications therefor, and proof oi ability to p y and method of.payment theref ore f or the approv�l of the City, vrhich approval sh�ll not be ur�reasonably withheld. The City sh�ll have 90 days a`ter �he submission in which to appr � ve or reject the submission. If the City rejecu the sub;riission, it must do so in writing ithin the 90-day period and, in su� writing set forth in detail, the valid reasons f o� such re j�c ion. ln the event the City fails to re ject the submission within said 90-day period, the Ci y`s consent shall be concJ�sively presumed. The City shalJ not be required to approve an change in easement location unless the easement to be submitted therefor to�tains at le st the same area and dimensions of :he existing eesement; and the improvements � thereon are o the same character, quality and functional ch�r�cteris�ics of the initial concours� including repl cement of signs, graphics and furniture provided in the original skyway system. ' When the Cit agproves the substitution zs «oresaid, the p��ties s�all then join in the.executior and delivery f an amendatory agreement in recordable form which designates the substitute loca►�on and �erminates the easement over the o!d location e`f ective upon completion of ' the cons.truc� on of the new concourse and skyw�y system. :,� ---� i ._ - _ H. OPERAT 1� AND N►A1hTENA�'CE REc1UIRF�IE�TS ' - ' ns is ]ocated on ublic prope*ty or within 'n all future additio P � he skyway stem, �ncludl g � - public easem nts. As such, the City has a proprietary obligation for operation, maintenance, r '�_ �reFair �nd r lacement of the skyw•�y system. Nevertheless, the City will require, as • p�.rt oi the e seinent agreernent, that zhe developer or builcing owner assume the full responsi� bility for th� operation, maintenance, repair and replacemen: for all segments of the skyway system locat d within its property, for bridges over streets a�utting its property, and carry out such opel ation, maintenence, repair and replacement at its cwn expense without cos2 , . to.the City. �I Ira the e��nt th�t the developer or building owner fails to operate, maintain, .� ' ' repair or re lace the concourse systern, or any part tnereof, tc a re�sonable stand'aiG� , the City ma perform such operations and �ssess all costs incurred in s� ooing against - the devzlop r or building owner in accord with the norma! proczoures f or assessments reJated to si ewalk maintenan�e, �epair and replacement in the City of Saint Paul�. �: Wnere skyw y bridges connect the propert}� 01 one developer or o�.�ner v��i►h that of another, t`�e dev�l�p rs or o��ners rnay share eq�ally, or on �•hatever cther basis is r��utually agreeable to both, thell brid�e o�eration, maintenance, repair znd replacerr�ent costs. Such agreement r.r,ust �e sub itted.to the City 1or approval prior'to co�nmencement of bridge construction.