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86-1530 WHITE - CITV CLERK PINK - FINANCE I ■/�- * CANARV - DEPARTMENT �J l Y OF SA I NT PAIT L COUflCIl -� �./� BLUE - MAVOR � F11E NO. `, L/ u 'l Resolution . i� �� Endicott Bui ding Jackson Ramp - First Presented By en r Referr Committee: Date Out of Committe,�e By Date ncil of the Cit of Saint Paul BE ITi RESO VED, the Cou y , Y that the �ity C erk i directed to accept and keep on file fo public reierenc that certain Agreement executed September 4 , 1986 by a�d amo g the City of Saint Paul, First National Ban of Saint �aul, ance ioneer Associates Limited and St. Paul Burlinc�L�mite Part rship, which Agreement contains covena ts and obliq�tion rela ing to the skyway bridges and pedestria concourses, wh ' ch to ch and concern the following described property �n th City of Saint Paul: ; Lots 10, 1 and 12, Block 17, City of Saint ! Paul (St. aul Proper) ; ' and � Lot , Blo k 2, Capitol Centre No. l, � City of Sa nt Paul; and i Lots 2 thr u h 15 to ether with Lots C and g , 5 i D, D ake ' s Rearrangement "A" , City of Saint Paul; and i BE �T FU THER ESOLVED, that the City Clerk is authori ed and dire�cted o fil a certified copy of this Resolution in the Office oif the Count Recorder, Ramsey Counry, for the purpo e of givinig not ' ce of the existence of said Agreement to pers ns interestied in the a ove property and of the availability of said Agreemen��t for refer nce by such persons in the office of th City Clerk. COUNC[LMEN i Yeas p�� Najys Requested by Department of: Nicosia � In Favor Rettman I Scheibel Sonnen __ AgeillSt BY �edese�— Wilson I �'r N j �986 Form Appr ved by Cit At ney Adopted by Council: i Date Certified Yass b C i�ncil ec y BY !O-Z�t� By� ,/ �7 App :Vlavor: Dat oy + 1986 Approved by Mayor for Submission to ouncil By By �--- - - e .� i� E�. � � R � � � o � � � o � , rn -� -a � <-r z -< -< �D sv �'v � C'� z �"-r �►% m � o m � -v .� -� cn � � � ; � _ -� � -s �, i N a. a r � r v D ;t1 C ;' � O � N �,H� � � � . F-W-� fl.r � � "S Ul � I O � c+ rorzts � I a �• an � � �• � n� � � � rt o � 'i3 cn f�A � F�-+ � � �. M � � �� I � rt � E � � • � o� K � ro � m � � � ac� m i--� � �• � m W N hC � I c'� �I�-� ro t�-h r�i O C O �• O (p -zi M� `rtm rtn � I � ' � � roo n m ! N U N � O n � � � � O A rt r• �� 0 m �' m t�nK � cn rr � �o I \ � rn O\ �, � r� N I , I I � � I �� I �� .� � I I TATE 0 MINNESOTA ) Count of Ramsey ) ss. �"' ITY OF SAINT PAUL ) �s � � I � � N O I Albert B. Olson _ I, . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . .City C erk of the � I ity of Saint Paul, Minnesota, do hereby certify that have m ompare the attached copy of Council File No. , 86�1530 _. __. s adop ed by the City Council. . November 6�. . . . . . . . . . . . .1986. . . . nd app oved by the Mayor. . . . . . , November 7,. . .. , .. , . . . . 1986. , . . I ith th original thereof on file in my office. I I urther certify that said copy Is a true and co -rect copy I f said original and the wl-:ole thereof. i t•rI ivES� my han� and the se�z1 of_ the City of Sai.nt Paul, i.nneso a this . . . . , �Oth . . , , day of . , , November. ` . . . .A.D. �986. . I j . . . . . . ��:��c�. . .�.�.�. .G:. . :�::' . . . . . ' City Clerk. �"�; � _ ' �'. _ . � ' i - ,�. , _ '., . .�- - + ; � `e . :. . `., .. ., I ' e � � __ .vNITE - G�TV CIERK � PINK - FINAry�E ! � G I TY OF SA I NT PAU L Council C�.NARV - r�EPARTMEN7 _� /^��.� B�-n�E -�M-AYOR � .� - File N 0. � u 'l Resolution . �� Endicott Bu lding�-- Presented By Jackson Ram - First n Referr Committee: Date Out of Committ�re By Date . _� � I � BE IT RESO VED, y the Council of the City of Saint Pau , � that the �ity C erk i directed to accept and keep on file f r � public re�erenc that certain Agreement executed September 4 � 1986 by and amo g the City of Saint Paul, First National Ban - of Saint �aul, ance ioneer Associates Limited and St. Paul _ Burling�O�L�.mite Part rship, which Agreement contains covena ts and oblig tions rela ing to the skyway bridges and pedestria concourse�, wh' ch to ch and concern the following described propprty �.n th City of Saint Paul: ! Lots 10, 1 and 12, Block 17, City of Saint IPaul (St. aul Proper) ; , I and iLot , Blo k 2, Capitol Centre No. 1, City of Sa' nt Paul; I and - - ---�- Lots 2 thr ugh- 15,--together with Lat s C and -- ID, p ake' s Rearrangement "A" , City of Saint Faul and BE IIT FUR HER R SOLVED, that the City Clerk is authori ed and direclted t file a certified copy of tP�is Ftesolution in the Office ot the ounty Recorder, Ramsey Gounicy, �^� " � . e , . �:�i � .��.. e. e�,�:.�te�a .��a:i�+�..-��,t...�rar�- s �� 3a�e_ �x�Pe�ri�� a �e�"��#��. �a�.� �,: ��. - AR3r ._ . : �� ,.-_�y :�:- ��ct� ,��r'°�:�°-�i��= ' . ,. . ��. ' COUNCILMEN Requested by Department of: Yeas Na YI Drew � � Nicosia Rettman �n FaVO[ Scheibel sor►�e� i /� Against BY ��v--- _ � witson i �� j "� ��p6 Form Appr ved by Cit At ney ?ldopted �iy Council: I Date Certi(ied Pass by(tiC un .il ecr y By d'��' By App Vlavor. Da� Dv � ^ 1986 Approved by Mayor for Submission to C uncil By _ , — " By , _ .._ _.r - . _� w �� __ �. I � UV � ,, , � `� ry � ._} .� �--�_. C cn • " "T in � � � � � � '.� � .�" ;:r � c iT! � � lt C' r`t' r-, '.s. . t` � �° � L JC.,' i 4.:. �.. � � 't tt � � t C � G � �t :4 �r �t t,;. -� �. -+. � � � �y � -i � - �.�; �1 d� «.�M _ �r,i � � �/ {n G. �+ ay' � � .r�: ry ��`3� '�� &�� J' r ♦ � 1 4^1J / � � ?� � f2 C} �G�i -� r� `-,.. R r� �+t : � �_�. '� !`� �,a +`4 C7 � �-w. .� � `� `.� . ^ � �l /� y'j est� .a i ^ '� �� 1 7�,1 . C' � �i V � �`.S '7 r � ` � � , �"`'r _ x � s- .� �ly\, a� ' � `� � � �4 � �,` r �:; a' <T 1� ir JT� n � . �f �:'•� J�. r"'c ��l � `"ti' . ,�,;,, �. !�� - _ �t,�`` .�: �` � �' "� ��> ui . I� � �J ('L C f�� J i � � � � � ro � '�' c � . � C Cr- �-�.�3 d 4��T� o. CITY F SAINT PAUL `• ' OFFICE OF THE C1TY ATTORNEY � 4� I O ,�� ` 1°'��°° '� EDWARD P. STA R, CITY ATTORNEY �: �C€ I �°'r �� 647 City Hall, S int Paul,Minnesota 55102 '�n•.� 612-298-5121 GEORGE LATIMER MAYOR M E M O �2 A N D U M I TO: I Al lson Cit Cler FROM: I Phi Byrn � Ass ' stant City Attorney DATE: Oct ber 2 , 1986 RE: ISky ay Ag eement Resolution - End cott/ ackson Ramp/First Trust Center I I Here is Ianoth r "ne " form resolution, with original agreem nt attachec�. Af er pa sage, the resolution is filed and the a ree- ment retained in yo r office. I I PBB:paw �, attach. I I I I : `� « . , �°—/`'`30 June 1, 1986 AGREEMENT REGARDING CO STRUC ION , MAINTENANCE AND QPERATION OF A SKY AY BRIDGE OVER JACKSON STREET BETWE N FOURTH AND FIFTH STREETS A D ASS CIATED PEDESTRIAN CONCOURSES ENDICOTT BUILDING . JACKSON RAMP FIRST TRUST CENTER . - THE CITY OF SAINT PAUL � . o ' I 1986 . 1 I � � ��.�3� 1 � V f y ONTENTS OF AGREEMENT Topic Pa e Bridge Con truction a d Cost Responsibilities 1. Design, Cons ruction 2 . S pport Stru ture Within Buildings 3 . B idge HVAC, Lighting, Drainage Systems 4 . C ty A sigmm �t of Warranties Pedestrian Conc urse onstruction and Costs 5 . Concou se Ac ess 6 . C ncou se Co struction Easements, Hour 7 . G ant f Eas ment and Hours . 9. Endicot Buil ing, Jackson Ramp and First Trust Ce ter Cpncou se De criptions 10. Width f Eas ment 11. E seme t Sur ey • ' 12. E seme ts Pu lic and Subject to Law -M- � 13: ' er of Sh re in Damages 14 . Owners ip of Bridge Operation, Main enanc and Repair 15. City T ansfe of Plans, Drawings, Etc. 16. Scope f Mai tenance; Approval of Modifications 17. Burlin ton, ank and Vance Agreement to Maintain - - 18 . Mainte ance f Concourse and Carpet _ _ � 19 . Failur to M intain, Remedies • 20, dvert sing, Signage Surety Bo ds, I suran e 21. $24�4l ,41 0 Sur ty Bond; Contractor ' s Insurance 22. Skyway Hazar , Liability Insurance Cost Shared � . • 23 . oncou se Ha ard, Liability Insurance � � 24. mount of In urance _ Direction 1 Sig s 25 . Approv 1 , Co t of Signs 2 1 R 1/ � j�/� ��✓ D ��i� � t ► . Topic Page Binding Obligati ns 26. Subject to Ci y Codes 27 . Success rs an Assigns Bound 28. Burling on, B nk and Vance Agreement Not Affected 29 . Agreeme t Sur ives Conveyance, Is Not Merged 30. Owners etain Property Rights; Obiiga ions onveyed 31. E fecti e Dat of Obligations - Skyway 32 . E�fecti e Dat of Obligations - Concourses 33. Notices - Add ess Savings Cla�use - 34 . S�yway olicy Pertinent Exhibits: � A. Easemen Form • B. E�dicot Buil ing Easement Plan C. Jackson Ramp asement Plan D. Fi�rst T ust C nter Easement Plan F. Legal D scriptions , F. enera Poli Statement for the Construction of t e • - Saint aul S wa System, adopted January 8, 1980. s � 3 I , < <. � � � �-1.�3b � � I SKYWAY AGREEMENT THIS AGRE MENT s made and enterec3 into this day of , 1 86 , by and among the CITY OF SAINT P UL , a municipal corp ratio , hereinafter referred to as the "City' ; The FIRST NA;TION L BA K OF SAINT PAUL , a national ba king association, herein fter referred to as "Bank"; VANCE PI NEER ASSOCIATE� LIM TED, Minnesota limited partnership, herei fter referred to a "Van e"; and the ST. PAUL-BURLINGTON LI ITED PARTNERSH$P, a Illi ois limited partnership whose agent is THE , PALMER GROUP 0 THE WIN CITIES , LTD., a M innesota corporation, hereinafter co lecti ely referred to as "Buriington". ' _� WITN�TH• : WHER,�AS , he City and the HRA, through the Downtown rban Renewal Project, Mi n. R-2fb, undertook to develop a pedes rian skyway system withi the Downtown Central Business Dist ict, - - hereinafter ref rred to as the "System" ; and _ � . • WHEREAS , the ity , pursuant to Chapter 764 , La s of Minnesota 1973, is a thorized to operate the System; and WHER�AS , he Va ce is the owner of a parkin.g ramp kno n as � . � , the Jackson Ramp, l cated on the easterly part of that lock bounded b Four h, F ' fth, Jackson and Robert Streets in St. Paul, � i ion is Lot 1 Block 2 Ca ital Centre a. 1, whose legal de cr p , , P City of �aint Paul, hereinafter referred to as the "Ja kson Ramp"; anc� 4 , ,� .� ��-�.�3� � � . WHEREAS , Vance is the owner of the Endicott Buil ing, located o� the centr 1 portion of that block bounded by Fourth, Fifth, Ja�kson and R bert Streets in St. Paul, more partic larly c7escribed as a 1 or arts of Lots 1P1 , 11 and 12 , Block 17 , City of Saint �aul St. P ul Proper) , hereinafter referred to as the "Endicott Building"; and WHER�AS , the B nk as a long term lessee of the End ' cott Building �nd Ja kson amp desires to consent to the connect ' of the skyway bri ge herein to such improvements and to guar ntee the oblig tions of Va ce contained in this Agreement with r spect he o�struc ion o eration and maintenance of the said s wa to t c , p Y Y bridge a�d the pu lic pedestrian concourse through such improveme�ts; a d WHEREAS , Buri ngton is the owner of a buildin and structure�, no know as the First Trust Center, on a portion of that bloc�C bou ded b Fourth, Fifth, Jackson �and Sibley St eets � - in Saint Paul, ore articularly described as Lots 2 to 15, and . I � Lots C arid D, Drake s Rearrangement "A", City of Saint aul, - hereinaft�r ref rred to as the "First Trust Center"; and . WHER AS , this Agreement touches and concerns the real . � ched heret • and property, described s follows in Exhibit E atta , WHEREAS , Burlington , Bank and Vance aqree to the constructi�on of a sk way pedestrian bridge across Jackson treet from the First rust enter to the Jackson Ramp; and 5 I , ` , ` �`!J�3d ., , WHEREAS, t e par ies hereto believe it to be desirable that the System be extende by public easement through the First rust Center to the s yway ridge across Jackson Street and, by p blic easement, thro gh th Jackson Ramp and Endicott Building and declare their i tenti n to so extend the System; and WHEREAS , he s id extension of the System necessitates pedestrian ingr ss, gress and transit through certain por ions the Jackson Ram , Endicott Building, and the First Trust C ter; and WHEREAS, a 1 par ies hereto are desirous of the constru tion . of the skyway b idge ver Jackson Street; and WHEREAS, s bstan ial public monies will •be expended fo the - -^- design ��ant3°°�on truction of the skyway bridge connecting irst : Trust Center wi h the Jackson Ramp; and WHEREAS , bene it will inure to the respective pro erty owners by virtue of being linked to the System, and fu ther - - benefit will in re t them when the System is extended as bove _ ' described; and NOW THERE ORE, E IT RESOLVED AND AGREED TO BY THE PA TIES HERETO AS FOLLO S: ' � � , BRIDGE CONSTRUC ION A D COST RESPONSIBILITIES 1. Desi n and onstruction. The City agrees to desig and cause to be co struc ed a skyway bridge connecting First rust Center with th Jac son Ramp in accordance with City-app oved plans and sp cifi ations prepared by Hammel , Gree and 6 � , ., � ��.�3a . Abrahamsbn, d ted uly 17 , 1985 , and reviewed by Burli gton, Bank and '�ance. Cit will accomplish any mechanical, elec rical and drain�age s stem , installations and connections whi h aze shown in Ilthe a prove plans and specifications to be part f the construct�on c ntrac . The total design and construction costs for saidlskyw y bri ge shall be allocated to and paid b the parties a� foll ws: 5B% thereof by the City; 25� by Bank b t not to exceec� $80 ,0P1Pl; nd 25� by Burlington but not to e ceed $8B ,�0Pl. I Buri ngton and Bank shall each, after opening o bids and befor�e awa d of the general construction contract herein, furnish �ssur nces , satisfactory to the City , that unds sufficie{�t to pay aid costs are available and have been com mittedlto he pa ment of said design and construction costs upon requ�st of the ity as said costs are incurred. Failu e to provide s�ch satisfa tory assurances shall render this Agre ment voidable adt the optio of the City. � , • - 2. Sul�pport Struc ures for the Bridge Within Buildings o er 4 � Private Pr�o ert . The costs for the provision of necessary b idge ` support si�ruct res i the First Trust Center and in the Ja kson Ramp shal� be a part f the total design and constructi.on osts • for the br�idge. 3. Blrid e HVAC Lighting, Drainage S_ystems. Said s yway bridge sh�ll i clud the necessary mechanical and elect ical equipmentllfor h ating � ventilating and air conditioning ("H AC") , lighting a�nd ro f dra ' nage. The mechanical, electrical and roof 7 I � , ., --�.-1,536 , , drainagel� syst ms (i cluding HVAC) of the bridge shall b tied into the�ires ecti e systems of the First Trust Cent r by Burlingt�n, hich ystems shall be of sufficient capac ' ty to serve the! brid e. ursuant to the bridge construction con ract, the bridglie mec anical, electrical and roof drainage lines shall extend a ! mini um o two feet inside the First Trust Center buildinglilines, and the connections of these lines to th said building ��syste s sh 11 be part of the bridge contract. Th said skyway br�dge all lso include finishing at skyway bridge ends, a linear inetal ceili g, terrazzo floors, triple insulated glass . to the ex�ent lass is used to enclose said skyway bridge, and standard c�ouble leaf glass doors at both ends' of the br'idge The -"� bridge ��co�l'�"s i this paragraph are part of the total desig and constructi!on co ts fo the bridge. 4. C�� ity ssi n ent of Warranties. City will incl de a — — provision' in i s co tract for the construction of the s yway - ' , bridge whliereby the ontractor consents to the assignme t_ of _ . _ � warranties� to t e ow ers of the buildings abutting the bri ges, and the C%ty up n re uest shall assign such warranties to them upon app.ro�ved c ntrac completion without relinquishing it own ' �� ' . rights und��er su h warranties; and, if necessary, will coop rate and assist�l in a y prosecution of lawful and propez claims such owners ma� lat r as ert against the contractor (s) or others arising fr�m fa lty d sign or construction of the skyway br dge. City agree� to ssign to Burlington, Bank and Vance upon re uest i 8 t � ' r i (/�Y ` ��O '� � . all warranties n mac inery and equipment, if any, installe in connection with the ridge construction, without relinqui hing its own rights nder such warranties; and, if necessary, ill cooperate and ssist in any prosecution of lawful and pr per claims which ma late be asserted against the vendors or o hers arising from fa lty d sign or manufacture of such machiner and equipment. PEDESTRIAN CONC URSE ONSTRUCTION AND COSTS. 5. Concou se A cess. Bank and Burlington shall at heir expense constru t and be responsible for pedestrian conco rses in the Endicott Build ng and Jackson Ramp, and in the First rust Center, respect vely, in accordance with this Agreement an the General Polic tatem nt for the Construction of the Saint Paul S�w� System, adopted January 8 , 1980. The location and physical dimen ions f the pedestrian concourses shall e as described and hown on Exhibits B, C and D attached he eto. , ' ' Notwithstanding the p ovisions of paragraph 10, the width o the . ' � concourse and aseme t at its point of entry into the End cott ` Building may b less than 12 feet in width. Bank and Vanc aze hereby obligate to iden the concourse and the public •eas ment • at all points ' n the Endicott Building to a minimum of t elve (12) feet in w i th. At the points of entry where the End cott Buildinq meets and nterfaces with the pedestrian conc urse opening to the Pion er Building , the existing entry sha 1 be widened to a m nimu of six feet; and to the Jackson Ramp the 9 ' �--1.�3d , . � r L � existing e try s all b widened to a minimum of seven feet. ank may at its ptio inst 11 a security gate or grill at such po nts of entry in lieu of gl ss sliding, revolving or swinging doo s. 6. qoncourse Construction. All costs and expens in connection with the c nstruction and extension of the pedestrian concourse from and ithin First Trust Center to the sk way bridge and to nd wi hin the Jackson Ramp and Endicott Building shall be b rne y Bur ington and Bank, respectively, eaclL nly for the po tion of destrian concourse and related facilities within their ow buil ings or on their own property. . EASEMENTS t1D HO RS 7. G ant o Eas ment and Hours. Burlington, Vance and Bank --M- each hereb�"agre to rant to the City a public easement fo the - pedestrian ; skyw y sys em through the First Trust Center, Ja kson Ramp and E dico t Building respectively, located in accordance with Exh ' bits B, C nd D attached hereto. The Bank agrees - - , that it will co sent o and join in said grant of easement s to _ ' that property t whi h it holds a leasehold interest, bein the Endicott uild ' ng an the Jackson Ramp. Said easements o be granted .shall e in he form attached hereto a.s Exhibit and ,' - • . shall gra 't to the p blic the right of use of said pedes rian skyway system t rough the First Trust Center, Endicott Bui ding and Jacksot� Ram for urposes of pedestrian ingress, egress, and transit, �xcept for uch reasonable police measures rega ding open hours and losin all or part of the concourse through heir 1 P! 1 ) � � 1 . � /�✓ 4./ property s th Cit may, by ordinance, from time to ime determin , or rega ding public conduct therein as ma be prohibited , by sk way rdinance, as it may be amended from ti e to time. It is a reed by all parties that the new pedes rian concourses pro ided or in the Endicott Building shall be open for public� ing ess, gress and transit from 7 : 00 A.M. to 6 : 06 P.M. on Mopday hrou h Friday, inclusive; 7 :4J0 A.M. to 1: �4! P.M. on Saturd y; an sha 1 be closed on Sunday, but nothing h �ein shall prohibit he Ba k or Vance from opening such facilit es at other hour�. I is f rther agreed that the skyway bridge h rein and the n�w pe estri n concourses provided for in the Ja kson Ramp and in th Fir t Trust Center shall be open for p blic ingress, egres , and transit from 6:00 A.M. to 2:0P1 A.M., even days a week. These ours are subject to revision by m tual agreement � and subje t to the general power of the City to prescribe �Syste hour by ordinance. The parties agree that such , ' � power may be e erci ed by the City solely with respect t the 4 � pedestrian conc urses and bridge covered by this Agreement In � addition the pa ties gree to review the Endicott Building ours annually �aith respe t to the possible need for enlarg d or ' extended hours herei , such review meetings to take place a the call of ar�y par y her to. 9. (a) Endico t Building Description. The new p blic easement hrou h th Endicott Buildinq shall be in accor ance with Exhibit B, locat d on the second level as described therein, 11 , , , , � � ��-�a affording 'conn ction with pedestrian concourses throug the Pioneer Build ' ng nd the Jackson Ramp (b) Jackson amP Description. T e ne public easement through the Jackson amp shall be in acc rdanc with Exhibit C and shall commence a the northeaste ly p opert line of Endicott Building and extend in a generally easte ly d ' rection to connect with the skyway bridge over Jackson St eet. (c) First Trust Center Description. The new publi eas ment in the . First Trust Center shall k�. in accordance with Exhib t D, connecting the new skyway bridge over Jackson Street ith he previously-built pedestrian concourse provided or i a separate agreement between the City and Burlington da ed A gust 26 , 1985. (d) •Future E-ase ent. --^- Burlingtort�her by ag ees, in the event a bridge for pedes rian skyway pur�oses is bu ' lt across Fourth Street between Jackso and Sibley St eets, that it will grant to the City an easemen for public pedestri n ing ess, egress and transit through the irst - - Trust Center at the location shown on Exhibit D as reserve for � . ' future ea emen s. S ch easement and concourse area sha 1 be subject t th sam provisions as are provided herein for easement conco rse a eas. Burlington also agrees to wide the � . � , pedestrian conc urse s shown from six feet to twelve feet b fore granting uch e seme t. The obligation to grant such eas ment and widen such conco rse shall be in force and effect upo the issuance b�y the ity f the Written Notice of Final Inspecti n of said brid e; pr vide , however, that such obligations sha 1 be 12 „ � , �,�5��a subject to the lease in favor of the Kiel Clinic, expirin May 31, 1991, whic lea ehold occupies a portion of the pre ises needed for th twe ve-foot pedestrian concourse, pro ided further, howe er, that any renewals of such lease sha 1 be subject to the twelv -foot concourse width. The provisio s of this subsection (d) s percede and replace, to the extent the e is a conflict, th prov sions of paragraph 8 and Exhibit C of that Skyway Agreeme t dat d December 10, 1985 between the City nd a number of par ies ' ncluding Burlington, and only so f r as paragraph 8 an Exh bit C relate to and concern the Cit and Burlington. 10. Widt of E sement. The public easements provicled for herein shall be conti uously at least 12 feet in width, exc pt at nodes, if any, where it may be larger; or where stairways r the structural des gn of the building is such that a width of 1 feet is impossible. � • . 11. Ease ent Surve . City shall at its expense cause the 4 ' initial ease ents to be more particularly described by a - registered Ian surv yor following completed construction f the public concour e acc ss areas. Burlington, Bank and Vance have . the right to r view the com pleted survey for accuracy a d any errors shall b corr cted at City expense. 12. Ease ents ublic and Subject to Law. Burlington Bank and Vance agree that he pedestrian concourse within the ea ement herein descri ed a d the adjacent access easements shall be 13 . . ,. � � � �--,y3� designatec3l as p blic easements and that all ordinances o the City which by f rce f law are applicable to the System s all govern. 13. aive of S are in Damages. The City hereby waive any right it m�ay ha e to hare in an award of damages in the vent that a purilic ody cquires all or any part of the afor said EndicottlBuil ing, Jackson Ramp or First Trust Center by condemnat�ion o unde the threat of condemnation. Said w iver applies t� the asem nts through the properties but not t the skyway br�dge r its end portions within respective air r ghts easements.l 14. IOwne shi f Bridge. It is agreed •by and betwee the -- --�- parties� hl o hat e skyway bridge between buildings shall at . � all timeslbe o ned b the City, and said skyw ay bridge sha 1 not constitut� prop rty 1 ased, loaned or otherwise made availa le to second pa�ties or a y one of them (within the meaning of Ch pter - - 272.01 (2) lof Minneso a Statutes) , it being understood tha said _ ' • skyway brfidge is int nded to benefit the public generally. OPERATIONI, MAI TENAN E AND REPAIR 15. I Cit Tran fer of Plans, Drawings, Etc. City shall • . � transferl to Burl ' ngton and Bank copies of all plans , specifications draw 'ngs, operating manuals, written warra ties, etc., an�l any other documents necessary to or useful ' n the maintenar�ce, epair and operation of the structure a d the 14 I , ` r ,�I "��/�� L , � . f . electricall, drainag , and HVAC facilities in and servin the skyway br�dge. 16. i Sco of Maintenance; Approval of Modifications. — – — – Burlingt�n , B nk a d Vance further agree to provid the necessary Irepai , maintenance and operation of the skyway b idge and its integral par s, including electrical, drainage and HVAC facilitie� in and s rving the skyway bridqe, at their sole expense, w�iithou cost to the City or HRA. Such maintenance t�all be to a re�sona le st ndard of safety and cleanliness and hall include, b�t no be 1 mited to, glass, floor, hardware and etal trim cle�ning polishing , repair and replacem ent ; roof maintenanc�; re ainti g; light bulb replacement and light fi tuze cleaning. 9�uch b idge r a part thereof may be temporarily c osed to the ex�tent reaso ably required to make such repair or maintenanc�. Ex ept or those repairs and replacements whic are (1) routinle, (2 the result of normal wear � and tear, or (3) . • - required b� an merge cy requiring rapid action, City shall be � ' furnishec� with bo h preliminary and final plans and ' specificat�lions or a 1 additions, alterations, or repairs and replacement�s to the s yway bridge or support structures,• w ich . plans and s�pecif catio s shall be subject to their reasonable and timely app�oval or di approval before commencement of the ork contemplate�d the ein. Lack of action on the part of the Cit to approve orldisa prov such plans or specifications, whe her 15 I . � � , . � � ��,S,3d � I preliminar or inal, within 30 calendar days following re eipt of such pl ns a d spe ifications shall be deemed approval. 17. urli ton, Bank and Vance Agreement to Maintain. Burlingto , Ba k and Vance shall enter into a separate written agreement �for s aring all maintenance, operation and repair osts and responsibil ties or said skyway bridge, its integral arts and related equ 'pment It is agreed that Burlington has in lace or will provid , at o cost to Bank, Vance, HRA or City, -�all necessary syste s and equipment to adequately supply all in' tial HVAC, elecltrical and other operating utilities for said sk way . bridge. T e co t of any and all repair , replacement and/or Leconstru tion of s ch HVAC, electrical and other operating -�.- utili"ties 11 be ap ortioned among Burlington, Bank and ance equally o in uch hares as they may otherwise agree ' n a separate agreem nt. 18. Maint nanc of the Concourse and Carpet. Burlington - - hereby agrees t prov de all repairs and maintenance to mai tain - . •the pedestrian conco rse in or on the First Trust Center to a reasonable sta dard f safety and cleanliness and to provide � � operating cost for said pedestrian concourse; and Bank and • . � , Vance si ilar y so agree with respect to the new pedestrian concourses on a d wit in the Endicott Building and Jackson amp. Burlingto , Ban and ance may temporarily close all or a pa t of the concourses ithi their buildings to the extent reason bly required tio mak suc repairs or maintenance. Except for t ose 16 � , � . �-��3 0 . . . repairs an$ rep aceme ts which are (1) routine, (2) the resu t of normal we�r an,d tear, or (3) required by an emergency requiring rapid actibn, C ty sh 11 be furnished with both preliminar and final plan�s and speci ications for all additions, or repair and replaceme�ts t t?�e pedestrian concourse, which plans and specifica�ions shall be subject to their reasonable and timely approval oly dis pprov 1 before commencement of work contemp ated therein. ILack of ac ion on the part of the City to appr � or disapprove� such plans or specifications , whether prelimina y or final wit�hin 3 cal ndar days after receipt of such plan and specificatiions nall be deemed approval. If Burlington, B k or Vance us�e or insta 1 carpet or other less durable flo ring matezial �for c ncour e corridors, such carpet shall be re laced with new �arpe or o her material matching as closely as po sible the origi�nal i qua ity at such intervals as may be deter ined jointly bly the City and Burlington, and by City with Ba k and • - Vance, fior th ir re pective corridors, such new carpet or other 4 � material � to b subm ' tted to City for its review and app oval, - which app�roval shall not be unreasonably withheld. . � 19. � Fail re to Maintain, Remedies. If Burlington, .Ba k and — • Vance fa�l to dequ tely maintain, repair and operate th said , skyway b�idge r any of them fail to adequately maintain, repair and ope�rate the edestrian concourse areas throu h its respecti�ve pr pert es to a reasonable standard of safe y and cleanlic�ess ithi 341 calendar days after receipt y the 17 , z . � � � -�-�.53� , , defaulting par y or parties of written demand from the City . specifyin� the ctio s to be taken, the City may undertake said reasonable� and ecess ry maintenance, repair and operating t sks, and the co�st by City or said maintenance, repair and operation shall be �asse sed o and shall be paid forthwith by the defaultinc� pro erty wner (s) or their sureties as applicable; provided, l�owever, that the City retains the right to assess such costs agairpst th defa lting party(ies) as a local improveme � in . the mannerj prov dec3 b law. Notwithstanding the foregoing, if the conditiion wh ' ch pr mpts the 30 day notice by the City ca not . reasonablyl be r medie within 3B calendar days, then the 30 day period shalll be exte ded by the City to su�h time as ma be -�- reasonab��--�or c ring he condition. - 20. A�ivert ' sin ; Signage. The skyway bridge and all pu lic easement a�eas ithi the pedestrian concourses which are the subject of �Ithis gree ent shall not be operated for the pur ose - - of advertis�ing t e na e of any product or business or any o her - . �commercial �� purp ses ther than for or or, store fronts in the - . pedestrian r�onco rse.� Such store front signage shall not pro ect out from th� wal into he easement area except as. subject to the • . � , reasonable �ppro 1 of City before installation. Nothing he ein , _ containec3 s�hall preve t the installation and maintenance of - skyway dir�ctio al s gns. Plans for all signage shall be submitted tb Cit prio to sign construction and installation, and the Ci�y shall a prove such plans if such signage is 18 . , � , � � �-/.53� . comparable to hat xisting elsewhere in the System, is not confusingly si ilar to the skyway directional signs, an is consistent with good esign practices. SURETY BONDS AND INSU ANCE. 21, $ 200 , 0fd0 SuretY Bond ; Contractor ' s Insurance. Burlington, Ban and ance shall together furnish and maint in a surety bond in the mount of $20P� ,000.6P! for the said sk way bridge to and in fav r of the City of Saint Paul, as obl ' ee, conditioned th t sai property owners shall indemnify and hold harmless the Ci y ag inst all expenses and liability on ac ount of all costs , laim , suits and judgments arising out f or connected with he m intenance, operation, repair and/or re oval of the skyway ridge its integral parts and related equip ent, and further con ition d upon the property owners complying with all terms and cond tions expressed and contained in this Agreement as to maint nance, operation and repair and or re oval . ' � of the skyway ridge which surety bond sha1l be in such fo m as � ' � shall be appro ed b the City Attorney and shall have such ' surety as sha 1 be approved by the Director of Fina ce . & Management Ser ices or the City. The cost of such bond •sha 1 be � shared by Burl ' ngton, Bank and Vance in accordance with heir separate agree ents The City shall procure from the ge eral contractor a d p ovide to the parties upon req est , documentation evi encing that the general contract r is maintaining, t roug out the entire period of constructio and 19 , � , � � - . -�-/�"3� erection o the kywa bridge, such insurance as set forth i the plans and pecificati ns described in paragraph 1, herein, na ing the abutting pr perty owners to the skyway bridge as addit' onal insureds as r uire by said plans and specificat ons, specifical y in accor ance with Section 4., General Condit ons, and Sectio 6., Speci 1 Conditions of the construction contr ct. 22 . Skyw Y Ha ard , LiabilitY Insurance Cost Sh red. -- - -- ------- --------- ---- --- --- Insurance requ red y paragraph 24 hereunder for hazar-d- and liability or t e sky ay bridge shall be a maintenance cost o be � assumed by Bur ingto , Bank and Vance and shall be shar d in . accordanc� wi the separate agreement for the sharing of operating, main enanc and repair costs that Burlington, Ban and -'� Vance shal ent r int as provided herein. 23. Conc urse Hazard, Liability Insurance. Insu ance required here nder for hazard and liability for the reas designate as e seme ts for access and the pedestrian conc urse - ` . shall be a ma ' nten nce cost to be assumed respective y_ by - � Burlingto , Ba k an Vance for the portions of the pedestrian concourse locat d wi hin their property. 24. � Amoun of Insurance. Burlington, Bank and Vance shall � � ' • furnish and m intai public liability and casualty insu ance coverage for he s yway bridge, and each shall do so s to liability insu ance or its portion of the pedestrian conc urse, with a duly li ensed insurance company, wherein the City a d HRA shall be desi nate as additional insureds; said insu ance 2�i , . � , �o-l��Ja I I containing the ollow ng minimum coverages: for property d mage to the ext nt o $200,000.0� in any single accident; for per onal L injuries, inclu ing d ath, $6P10,86f�.00 for each occurrence. Such minimum ahnounts sha 1 be subject, upon 64J days notice to reasonabl� chan e by fficial action of the Council of the ity of Saint P�ul, in the event s�atutory municipal liability li its are alterei by 1 gisla ion or judicial decision at any time fter the date hereof. The casualty insurance shall have an all- isk or physical los cove age in the amount of the full replace ent cost of th� skyw y br ' dge, as reasonably determined by the ity from time t�o tim . DIRECTIONAL SIGN 25. A' rov 1 , C st of Signs. The location of directi nal or �ther silgns t at m y be installed in the peclestrian conco rse herein sha�.l be deter ined by the City. The City shall pay .the initial co�t of such igns. The cost of inst'alling, inclu ing , • - electrical , conn ctio s and mounting hardware (pendants, . .or 4 � ceiling channel, and s pport above ceiling) , shall be consid red ` part of thN cost of co struction of the concourse, the liabi ity for the pay�ent f whi h shall be governed by paragraphs •5 a d 6 . herein above. T e cost of operating, maintaining and repai ing the directional signs shall be borne by the parties on w ose properties such sign are located. If the location of the pedestrian �onco rse p blic easement is changed, the said s gns shall be �noved acc rdingly, and the cost of moving and I 21 . . � �-i.s.�a , , reinstalling si ns to a new easement area shall be borne by C ' ty, unless the chang has ccurred at the request or by the actio of the party upon hose roperty said signs are located, in w ich event sucl� par y sh 11 pay all costs. If the sign mo ing requires a chang in he sign face, the changes shall be made in a manner c�nsis ent with the graphic design system establi hed for skyway sign , an the cost of such change shall be bor e as provided i� the immed ' ately preceding sentence. BINDING OBLIGATI NS 26. ub ' e t to it Codes. The parties agree that in the . construction, m inten nce, repair and operation of the pedes rian concourses� the shal be bound by all City �odes and ordin nces - -"� governing ��e S stem, insofar as they are applicable by for e of law. 27. Succe sors and Assigns Bound. The respective r ' ghts and obligations of th parties set forth in this Agreement hall - ' , be binding up n and inure to the benefit of the respe tive - _ � parties, their succ ssors and assigns, and shall contin e in force until su h ti e as said System or that part here n is vacated� r ab ndon d in the manner permitted by la , or � � ' , terminated in a corda ce with the Grant of Easement. 28. Burli ton, Bank and Vance Agreements Not Affecte . It is understoo tha this Agreement does not gover the relations ips a d ag eements by and between Burlington, Ba k and Vance themse ves t each other, other than the reguireme ts of 22 , , , _ c�-/.S3G paragraph� 21 hroug 24 above. It is further understood that Vance in �ddition to any obligations otherwise provided he ein, consents to t e co struction, operation, maintenance and repair of the kyway bridge herein and the pedestrian conc urse area within th Endi ott Building and Jackson Ramp. 29. A zee ent S rvives Conveyance, Is Not Merged. Thi Agreement shall surv ve conveyance and delivery of the Gra t of Easement �rovid d fo herein and shall not be considered m �ged therein. 30. Owners Ret in Property Rights; Obligations Conv ed. The prop�rty owne s herein reserve unto themselves the unconditibnal right and privilege of selling, conveyin and transferring t eir a utting and/or encumbered or involved real estate herein nd as igning and transferring this Agreement to any oth�r corpor tion , corporations , trust , tr s.ts , individual (s) , partnerships or other form of venture. I the . - event of tran fer f any property owner`s interest i the s � � property, the o ner seller) may be freed and relieved, fro and � after the date f suc transfer, of all liability as respec s the performa ce of any ovenants or obligations on the par� of the � . owner (seller) cont ined in this Agreement thereafter o be performec�; provided that owner's successor fully and wi hout limitati�n in writing assumes all duties, responsibilities, covenants of t e ow er (seller) under this Agreement. F r the 23 I , � � , � �-/�3G purposes pf th ' s par graph, "owner" shall include, but n t be limited to les ors, essees, sublessors and sublessees. 31. �Effective ate of Obligations - S_kywa . Seve (7) calendar days a ter t e issuance of the Written Notice of Final Inspectio� by t e Ci y, and its furnishing to Burlington, Bank and Vance, the obli ations and duties contained in paragraphs 21 and 24 herei abo e, as to said skyway bridge, shall be ome operative. l All other obligations and duties are effectiv _ pon the date olf exe ution of this Agreement. 32. IEffe tive Date of Obligations _ Concourses. Upon . substanti�l co pleti n of the pedestrian concourse, City shall give written n tice f such completion to Burlington,-Ban and -^- Vance. �� ven (7) d ys thereafter the obligations and d ties - containedlin p ragra hs 21 and 24 herein above, as to said pedestrian co cour e , shall become operative. All o her obligation� and dutie are effective upon_ the date of exec tion - - , of this Agreeme t. _ - ' 33. Notic s - A dress. Any notice to the parties here nder shall be considere sufficiently delivered if mailed by registered or c rtifi d mail , postage prepaid , as. follows: � .^ • , �. T : City of Saint Paul Donald Nygaard, Director Department of Public Works - Sixth Floor, City Hall Annex 25 West Fourth Street ' St. Paul, Minnesota 551(d2 and 24 I I < < �� . . �-�� a � HRA/City of Saint Paul, Minnesota James J. Bellus, Executive Director 14th Floor , City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 � and City of Saint Paul Eugene Schiller, Director Department of Finance and Management Services Room 234 , City Hall , St. Paul, Minnesota 55102 �� T : St. Paul-Burlington Limited Partner hip Attn: The Palmer Group of the Twin Cities, Ltd. 180 East Sth Street • Suite 236 St. Paul, Minnesota 551411 . T : The First National Bank of Saint Pa 1 Attn: President 332 Minnesota Street St. Paul, Minnesota 55101 o: Vance Pioneer Associates Limited � • - Attn: Robert F. Gossett, Jr. o � �'J - --�- *- - �f-O 10 Ev►,t-+"' e�' � �°�� New York, New York ��- � I 002� A pa ty m y, b written notice, designate a diff rent address to whic noti es to it shall be directed. SAVINGS CL USE 34. k wa Poli Pertinent. The General Polic Stat ment for the C nstr ction of the Saint Paul S�w� S�tem, ad pted January 8, 198� atta hed hereto as Exhibit F, (not includin any later amendment ) is ereby incorporated into this Agreemen and 25 , , � " �-/5�3� its terms hall e bi ding as to the bridge and concourse a eas constructe pur uant to this Agreement. In the event any provision �of t e Ge eral Policy Statement conflicts or is inconsisten� wit this Agreement, this Agreement shall super ede and be con rolli g. he omission of a paragraph numbered e ght is intenti nal, and does not mean that any term or condi ion hereof has een nadve tently omitted. APPROVED AS TO F RM CITY OF SAINT PAUL . . � . ` B _ _�- I s May '�'� � � i By It ir ct r, D artment o P anning and Economic De lo�pment _ ' � . - � ,_ . gy Its Dir tor, Depart ent of Finance and Managemen Services By _ _ _ Its City Clerk 26 i . ,• , . � �d -/.53 6 . � . STATE OF MINNESO A ) ) SS . COUNTY OF RAMSEY ) The f ' rego n in tr ment was acknowledged before me his 2�'m da of , 1986, by GEORGE LATI ER, Mayor of t e CI Y OF AINT PAUL , a municipal corporation of the State of M nneso a, on behalf of the City of Saint Paul. . lBBt't�r�� x3 uo,es�w oo�w ,,�.., .�-�1 � , . �- . AlNf10�INId3NN H `�� dlOS3NNIW-pnend Aa lON :�� y 3�Sd'tdw iavw d�r 9Y �- _ S.n,�.r . . . 'rs4 . � . STATE OF M�NNES TA ) ) SS . • COUNTY OF �2AMSE ) The foregoin i str ent was acknowledged before me this `g� da of , 1986 ; by JAMES BE LUS , Director, �Depar ment Planning and Economic Development fo the �" CITY OF T AUL, a municipal corporat"ion of the Sta e of Minnesota, on b half f the City of Saint Paul. �� ;.�.:e,;�e�.. LA�Ji�F_,, L. �i:.{"T ��"„;�j 111'��„ NQT?\RY f':�-.!_�C-- PilfJn!C-SOTA � -— �'''��" 3 RAMStY COLNTY ' � ��'��a'�.h1y Commi�si�n Explres June ?3, �gg� _ STATE OF P'$INNES TA ) • ) SS . COUNTY OF IRAMSE J � The �oreg ing i strument was acknowledged before me this � da of - , 1986 , by EUGENE SCHI LER, Director �f the De artment of Finance and Management Servic s for ' ' the CITY F SAINT PA L, a municipal corporation of the St te of Minnesota� on ehalf of the City of Saint Paul. ■/�M..�.•.:7'IM.nMAANV�.1n.,_^/ n.*^.^,;`..'.r . . . .. . �' ,� -;: � .� i �. � �� c r � U P,�L s�� , . . I.5 c � , . �i-� .. . �� fVi,l � �,. _ ._1 _ . e Y Jt.•f•J'. .!' .:VVVJ� VJ�.^. J' �.. 27 I . v' � , � . ��V � , . . STATE OF M NNESO A ) ) SS . COUNTY OF RAMSEY ) T f rego ng in t ument was acknowledged before me his � da of , 1986 , by ALBE T B. OLSON , City C erk f t e CITY OF SAINT PAUL , a munic pal corporati n of he St te of Minnesota, on behalf of the Ci y of Saint Paul. ;o,:��:;;;., TR DY M. OELZE :�� NOTARY PUBLIC MINNES A 7J�F� RAMSEY OUNTY �'�.:' My Commission Ex ires Oct.15, 890 i • � . i 28 , .� . , � �-/�.30 ST.PAUL-BURLINGTON LIMITED PARTNER HIP a Illinois limited partnership ' BY: The Palmer Group of the Twin Cities, Ltd. � Its Duly Authorized Agent . By _ _ t s ,�� f' ♦ By _ _ I ts . �yNP! F. 80NE8 STATE OF �INNESOTA ) Al6��C-MMMKidlA ' �pTA t�tJNTY ) s s. �r�MM�w+�w N►1� COUNTY OF RAMS ) 0 t is �� day of , 1986, efore -�� me, 'ot-�-ry blic w ' thin a d f r said County , app ared � � � and � w bei,ng sw rn, id say that they are respectivel the and of THE PALMER GROUP 0 THE WIN CITIES, LTD., the duly authorized agent of the S'T. P UL-BURLINGTON LIMITED PARTNERSHIP , that said instrume t wa sign d by authority of the said partnersh ' p and . its partn rs, nd ac nowledged that said instrument was th free - - act and deed o said partnership. _ .- . _ � 29 „ �G �_/�3 D� . ' ' . . � VANCE PIONEER ASSOCIATES LINIT D , a Minnesota limited partnershi By VPA, Inc. , its Managing Gen al Par ner By ' R ert F. Gossett, Jr. iPresident -- — ��Yo �� STATE OF ) 11�eW ri ) ss . COUNTY OF ) On t�is � day of Atti�-s� . , 1986 , efore me , a Notary Public within and f r said County, app ared Robert r^. IGoss tt, J ., to me personally known, who, being by me duly swlorn , did say that he is respectively the Presiden� of ANCE PIONEER ASSOCIATES LIMITED , a Min esota , limited p�rtne ship, that said instrument was signed by aut ority of its p�rtne s, an said Robert F. Gossett, 3r. acknow edged said instrumen was he free act and c3eed of said partners ip. � � ' . _ � �i?� a� . . . • I ELLIN ARLOW � liot�ry Public, S te of Nerr Yo No,479�177 Quabf+e in Rockland unty . ' Certi icate Filed fn ew York Cou Cui�u�lis�Wi1 c�SNI E�MqRCH 30, 9 g') . 30 , .- � �,�c�n--/.5-30 THE FIRST NATIONAL EANK OF • SAINT PAUL, a national banking association By � I ts ,c=r�/' � B ts . . STATE OF MINNES TA ) ) ss. -- COUNTY OF RAMSE ) . On t is -� day of � , 1986, efore me,, a tary Publi ' thin and o said County, app ared � s� an �-,-� �. _ to me perso ally known, w o, being e ch e duly sworn, did say that the are r e,s p e c t ' e 1 x t h e ---�,,�?-e-t�� a n d ��,;L � .�- of the THE FIR�T NATIONAi� B NK OF AINT PAU , a ation 1 banking association, that said inst ument -^- w s s�' g y a thorit of its p rtners , and said : �S, a n d ,��j��e,--zQ ,4, {��-�� a c k n o w ed g ed said inst umen was he free act and deed of said associati n. /� ; - _ _ y(AlAA(t�G�AiaA�+A6dla n�AAAG,�„j/�,AG,AA�nnh�Al�/AQba1�C � � ,,,N��.�;: JEANNE A. RISLOVE � � - a ;-�.:! a NOTARY PUBLIC - MINNESOTA � a =�4 a' WASHINGTON CC�UNTY ' _ • � `��d��My Commission Expires April 20, 1990 � k�f'C�Y"tl1!'tl�v�Y�Y�fC�f'��GG�'/'t��'/VG�iV�`YW%C4V!�3i 31 ,. , , �i��3� , , �. _ , GRANT OF EASEMENT (Form) WHER�EAS , ( Name ) , a _ ( desc ibe Grantor's orm f org nization and name partners, if any) , which are/is h reina ter called "Grantor", are/is the own r in fee and of' that certain land situated in the City of Saint aul, County of �tamse , Sta e of Minnesota, more particularly desc ibecl in Exhibi�t 1, ttac ed hereto, hereinafter called "Gran or's Property"; and WHERF�AS, G antor has agre�d pursuant to that Agreement ted , by and among the (name of third party , the City of aint Paul, a 'ublic ease ent for purposes of pedestrian ing ess, egress an� transit t rough Grantor's Property for the pedes rian ConcourselSyst m of the City of Saint Paul, hereinafte the "System" . NOW THERE ORE , in pursuance of that Agreement, a d in considera�ion o the sum of ONE DOLLAR ($1.00) and other va uable consideration , the eceipt and sufficiency whereof is h reby . acknowle ged, rant r, for itself, its successors and assigns, does her by g ant nto the CITY OF SAINT PAUL , a Minn sota � municipa corporati n, a public easement for public pedes rian ingress , egre s an transit, in and through the Gra tor's Property nd t str ctures thereon, described as: � ' . . ' ' all of which a ove-d scribed areas shall be collectively re erred to as the' "eas ment rea". Public us of he easement area is expressly herei made � subject to suc rea onable police measures regarding open hours and clos '' ng a y par or all of the easement area within, on or over Grantor's Prope ty during non-business hours, and reg rding public c nduc with ' n the System, as the City of Saint Pa 1, by ordinance, fro time to time determine. EXHIBIT A 32 , w. , . " �-i,s,3 0 . , . Thelpubli 's ri ht herein to pedestrian ingress, egre s and transit, lin an thro gh the easement area granted to City erein, shall al�o be and hereby is, made subject to such reas nable measureslregar ing pen hours and temporarily closing par (s) or all of tY�e eas ment areas within or on Grantor's Property s the City of Sain Pau may, by agreement with Grantor r its successo�s an ass gns, from time to time determine. This provisio� sha 1 not diminish the City's right to, from t me to time, exlercis its police powers unilaterally, by ordi ance, concernipg op n hou s, or temporarily closing part (s) or 11 of the easelment area, or concerning public conduct with ' n the System, r�or sh 11 s ch agreed or legislated hours in any anner restrict City s eas ment interest, but shall affect on y the public's �ight to p destrian .ingress, egress and transit _ the City ' s ea'semen duri g the hours so agreed or legislated. The grant of ea ement herein shall be subject to the right of the Grantor to ch nge the location of the easement condi ioned upon the gra t of a new easement which shall permit the continuit�y of he S stem, and on the further condition th t the new easemlent a ea sh 11 be installed at the sole cost and e pense of the Grlantor and, on the further conditian that no cha ge in the easemlent 1 catio shall be made without the approval f the -^- City� of� S�rt aul, uch approval not to be unreasonably wi hheld and, on the fu ther condition that said new easement sh 11 be , surveyed ! and escribed by a registered land surveyor at the expense o�f Gra tor. he Grantor shall submit the proposal for a change in� loca ion o the easement to the Grantee before aking any changles. he Gr ntee shall have ninety (94i) days aft r the submissio� in hich o approve or reject the submission. f the Grantee r�jects the ubmission, it must do so in writing ithin - - , the ninet�y (96) day period, and in such writing set forth in _ _ detail th�e rea ons f r such rejection. If the Grantee fails to ' reject the su issi n within the ninety (9g) day period its " consent sMall b con lus�vely presumed. Notwlithst ndin anything to the contrary herein, the easement Igran ed he ein shall be limited to the life o the improvemet�ts c stit ting the System and shall terminate up n the � � • , happening of ei her o the following events: _ IA. n th event any easement granted here n is - vacai�ed, abando ed or discontinued in the manner per itted by la�w. �B. In th event the building (s) in, upon or over whicl� the easem nt area is located shall be substant ally dest�oyed or de olished and such building (s) shall n t be repa�,red r rec nstructed; provided, however, that i the 33 . I � .. . , . �-/.�3d , � � . • , � event su h bu ' lding (s ) be reconstructed or rep aced , Grar�tor, his s ccessors and assigns agree that, w thout further consideration , a substitute easeme t of sub � tantially equal convenience, area, and g neral confligura ion s all be given. In the e�`ent t e ea ement or any portion thereof is relo ated, vacated Qr te mina ed under the provisions hereof, City shall furnish al rele se of such easement or portion thereof to Grantor, its succe�ssors or assigns. Granitor, or it elf, its successors and assigns, does ereby agree th�t fo and during the life of said easement, G antor shall be respo sib�e for and provide for the cost of all r airs, improvem�nts nd re lacements�-of the easement area as des r.�.bed herein, it bei g und rstood that the aforesaid covenant sha 1 run with the I,land. TO F�AVE ND TO HOLD said public easement for pede trian ingress, I egress an transit until the System is vaca ed or abandone�3 in the m nner permitted by law or terminat d, in accordancle her with. • IN W!ITNESS WHE EOF , Grantor has hereunto set its han this Iday o _ , 1986. . By _ Grantor ' s - - By ' o • Grantor ' s ' STATE OF IMINNE OTA • SS . COUNTY OFI RAMS Y • • On �his day of , 9 , before m e, a Notar Public in and for said County, ap eared to me persot�ally know , who, be ng each by me duly sworn, d d �say that they� are respe tively the - and - , of said Grantor , an that ------_�--- ---- ------a n d--- . acknowle ged aid i strument was the free act and deed o said Grantor. � _ 34 I � - Robert Street _�J�� f: N �� •: _�• , , � , • . � _ . �� , � .�•.;.�� _ .: � ,., ' • a.m c ar w ( _ �.c+ -s�c -+ �' - � tA "'�' � � • • . - �D !D d T- � �.r-.�-..� ' �p . . 4 • !t� fD < Q7 ' • �� m � . . � ' . ' � � � �W � i . • . � . � � � � I .a,o�r , . • , .�. • • + � 2 � ` '�- • . , � • � . • 3 . .� �� .� ' p� � ' .•.. .... I � . . J � • • . • , � . � . � . . , , o . . . . z . � � . . ,�"-�'- - � � . . . . . . �• � � . - �. . . �' . .�..� . " � �. . . • • - ' . C . :,-�.. . . .. . - - . . � _ _ _ : , . . , , . . . , �,�1: .� _� . . . . . . . � .�-.---� : � ; . � - .. . . - - . � _ t . �.:�::;��;�...; . . . � � z ��. ? 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' �� i' � v ".�S �i�.'� � k i I ' � , - .n ' . . - 'F�! � � I � —;�� j� , � �, _ I�' ,i _E ;�:;`>>;:�`�� ,� ( � � ,�:>. � ..............� :;'`>;:>;;;`;:<: .� �� •�.:..:.;::.::;.>;:.; - ;.` :�f��•':�:�::.: �><�<:�;:r';;>::;>:>;: �K �� : _ �.\ � � � \\\��♦ � . .............. ...... .... ... .� ::••,•. ,� .\\\\\\\\\\\\\\\\\\\\\�\\\\\\\\ \ � "" \\\ � i�' ■ ■ ■ � ■ ! ■ ■ ■ d ?\\\ � � .\\\ ♦\\\\\\\ ' .\\\ \ \\\\\\\ ' .\\\ \ \\\\\\\\ C� .... , .,..... � ..�. . ....... � � p .� � . ��..... _ � F urth Street � . _ . � �-�:53 a .� . EXHIBIT E LEGAL DESCRIPTION OF THE PROPERTY Endic tt Bu lding Legal Description: Lots 0, 11 and 12, Block 17 , City of Saint Paul (St. Paul roper Jacks n Ram Legal Description: Lot 1 Bloc 2 , Capital Centre No. 1 First Trust Center Legal Description: Lots thro gh 15 , together with Lots C and D , Dr ke's Rearr ngeme t "A", City of Saint Paul 36 .. _,•, . , , . � �(,-�.53 Q , , . I . ENERAL POLICY S'TATEMENT F R THE CONSTRUCTION OF THE AINT PAUL SKYWAY SYSTEM I I ADOPTED BY THE CITY COUNCIL OF SAINT PAUL, MINNESOTA JANUARY 8, 1980 I I DEPARTMENT OF PLANNING ND ECONOMIC DEVELOPMENT OF T E CITY OF SAINT PAUL, MINNESOTA This Policy Statement Supersedes j and replaces the 1 General Policy Statement Pedestrian Concourse System _ i Downtown Urban Renewal Project �� . Minn. R-20 � Adopted by the �X H �� T H using and Redevelopment Authority f the City of Saint Paul, Minnesota I , �"' '. ' ' �,—/,�`.3B M ` . . � G NERAL POLICY STATE�VIENT FOR CONSTRUCTION OF TH SAINT PAUL SKYWAY SYSTEM . i TABLE OF CONTENTS AGE NUMBER A. PURPO�E AND GENER L DESCRIPTION 1 B. DEYELOi'PMENT PREMI ES AND CONSIDERATIONS 1 - C. SKYWA�' SYST M ELE ENTS DEFINED � 3 . Conc urse C rridors 3 �. Nod 3 �. Brid es 3 . �. Brid e Suppo t Structures and Services 4 . Verti al Acc ss Facilities 4 D. COST StIiARIN AND F NDING POLICY 4 1. Brid es 5 �. Conc urse C rridors and Nodes 5 3. Brid e Suppo t Structures and Services 5 �. Vert' al Acc ss Facilities 6 � Dire tional S gns 6 . Hard hip Det rminations 6 � E. REQUIRIEMENT FOR XPENDITURE OF CITY FUNDS IN HARDSHIP CASE 7 . � Cost Estima s and Reimbursements � . Sub ission o Plans � F. DESIGN IAND V, TERIA S REQUIRE��IENTS AND STAn�DARDS 7 � l. Sky y Syst m Symbol � �. Sky y Syst m Graphics � � � Sky y Equi ment $ � . Sky y Floo tiiaterials 9 � Con urse C ilings and Lighting 9 . Sky y Syst m Walls 9 �. Sky y Colo s 10 G. EASEM�NT RE UIRE ENTS ' 10 H. UPERA TI ION A D MAI TENANCE REQUIREMENTS 1� I I . . . ; , ' , 0�p-�.�..�d • • , . . A. PURPIDSE A D GEN RAL DESCRIPTION , Beginning�with th Downt wn Urban Renewal Project Area—Minn. R-20, the H using and kedevelopment A thority of the City of Saint Paul has developed a skyway sys m in downtown�Saint P ul. i As used he�rein, t term ' kyway system" is inclusive and encompasses the foll wing: tl) eoncoukse corr dors, (2 node points in the concourse corridors, including, wh re feasible, one major�node c tral to each block, generally at the point where several conc urse corridors intersect, I�3) brid s spann�ng streets, (4) certain vertical access facilities connn cting the concourse �corrido s to pu lic streets or other public property. The primary pur ose of this skyway sy�tem is o diver pedestrians from the minimal width street level side alks, enabling pedestrianitraffic o move in an enclosed environment protected from adverse eather ana vehicu�ar traf ic. The skyway system has significantly reduced pedestrian- hicle conflicts at street 1$vel, p ticularl during periods of peak traffic, thereby permitting a moother flow of vet�icular affic a d greater safety for the pedestrian. _ Another imlportant benefit of the skyway system is the opportunity afforded dev Iopers ` to provide �hop an office pace abutting the concourse. Ir� the use of such shop space, the pubiic �ill be nhinder d by adverse weather conditions and traffic, thereby romoting the desirabflity of hoppin and doing business in the connected buildings and co tributing ' to the econpmic st ength o Downtown Saint Paul. The skyway system, through he efforts of the deve7opers, lso ma contain sculpture, water displays, artwork, and other elements contributin� to the aesthet c and cultura! enrichment of the citizens of the City, thereby becoming alfocus o activit in the downtown area. The general location of the kyway system, inc�uding c ncours corridors, nodes, vertical access facilities and bridg s are shown on th�e attac ed map B. DEVEL PN1EN PRE,iv1I ES AND CONSIDERATIONS Incorporatic�n of th public kyway system into private development and building w-nership presents sort�e uniq e impli ations for both the public, owners, and redevelopers. With recognition pf the blic an private interests involved in the skyway system, cer ain premises haye been stablis ed relating to the system, and these premises are ba ic to the regulatibns and evelop ent criteria established for the skyway system as set forth in succeeain� secti s. The following premises apply to the entire skyway system even though porti�ns of t e syste may be built by private building owners or develope s: � . � . �� -2- . . , . 1. The skyway system will be entirely enclosed and capable of being heated and cooled to a temperature comparable to that maintained in office and retail areas. The term "enclosed" shall mean protected from the weather, though the area of the skyway system � need not necessarily be confined by its own walls. The concourse corridors and bridges will be constructed at a standard width of 12'0", with a larger area to be developed at nodal points. Those segments passing through existing improvements to remain will also be at a standard width of 12'0", except where in the judgment of the City, physical limitations of existing buildin�s, such as column spacing, fixed vertical element locations, window opening, etc., render achievement of a 12'0" width impractical, or would constitute an undue hardship to the owner. In such instances, a lesser width may be allowed. 2. The success, that is the ciegree of utilization of the skyway system, will be directly related to the convenience anc; comfort it affords pedestrians in the downtown. 3. Any and all public expenditures for the skyway system must be limited only to those improvements that are of public benefit. While adjacent buildings may derive peripheral benefit from a public skyway abutting their properties, no segment of the skyway system or its facilities that are of primary benefit to private interests can be constructed with ,,, public monies. The City shall reserve to itself the sole and final determination as to what improvements are of public benefit. 4. The sicyway system must have a design identity of its own, aistinguishing it from other areas v.•ith public access within buildings as an aid to citizens in finding their way throughout the system. Further, where public funcis are expended for the skyway system, it must be possible to readily identify those areas publicly provided so that the citizens are cognizant of their right to use such areas. The system must possess directional clarity and be accessible, identifiable and continuous. 5. The skyway system must functionally and visually help to unify the downtown. �It should be urban in character and should provide a variety of special experiences; it sho�ld not be of monolithic design throughout its length. The skyway system should possess a yariety of floor to ceiling heights and abut spaces of varying design and activities. Nevertheless, it must still possess enough common elements to provide the directional clarity, continuity and identity required. . �., � . -3- _ ��J,r,3 a . �. � �. . . , . . � C. SKY AY S STEM E EMENTS DEFINED The skyv�ay syst m cons sts of five elements: . l. Concourse C rridors Concourse corridors will run through a block from b ilding face to buildir�g face onnecti g to a skyway bridge. The primary public purpose of such concourse corridors�is the comm dation of pedestrian iravel from point to point, and a such, a standard �width o 12'0" i established for such elements. - 2. Nodes�I- Node are the points of intersection of several concourse corridors nd/or the locatibn of a ertical access facility. At such points, pedestrian traffic is "kely to . be heavie� and m ving in arying directions, directional decisions are made, an other activities �may be occurri g. Such nodes must clearly possess a design identity nd character separatin� them f om abu ting private areas, and must be primarily oriented to the public purpose of� accom odatin pedestrian travel in the skyway system, including or entation, direction �hanges and co gregation or vertical movement to street level. The ize and configurat�on of t e node ill be dependent upon the number of concourse corri ors intersecting its locatiorh within the do ntown and the overall skyway system, and the amoun and nature of anticip�ted ped strian ctivity within the node. The node must be large eno gh to accommod�te anti ipated edestrian activity and to constitute a special area of importance within the bverall kyway ystem. Therefore, a wider than 12-foot standard con ourse area will b� requir d, whe possible, at one major node in each block and may necessary at other noldes. �e ondary nodes rnay also occur in some instances, especially at points of vertical �access o the st eet. Where appropriate, such areas shall also have a width wider than �the nor al 12 f et appropciate for concourse corridors. 3. Bridgesl- I3ridg s gener !ly span streets and sidewalks between property line and perform essentially �he sarn public function as concourse corridors; therefore, the bridge will be built with alistanda clear idth of 12'0". Also, the City of Saint Paul currently equires a minirnum bridge eight cl arance of 17'4" at the center of the street which it s ans. 6ridges ma�l span p ivate p perty but must connect to an acceptable segment of the basic � skyway syst�m, givi g acce s to a public street or other public property. Bridges will be of a consistent desi n throu hout the downtown area, consisting basically of expo ed steel vierendeel tyusses p inted d ep brown, with terrazzo floors and an egg crate grid uminous ceiling. I . � - i . -4- ' ' ' '�� '•, : ,, , 4 Bridge Support Structures and Services - Bridge support structures will support the bridges at either end and will be contained within the buildings unless it is structurally necessary , to provide bridge supports independent of the building. Bridge services are defined as those � electrical and mechanical systems which provide heating, cooling and electrical service to the bridge. Also included is the roof drainage system. 5. Vertical Access Facilities - Vertical access facilities in the form of either stairs or escalators provide access to the concourse nodes, corridors, and the bridges from the street. Vertical access between the concourse and street level will be required throughout the _ skyway system with escalators being required at the principal points of access to the skyway system. Generally, vertical access must be provided at or near each end of the bridges crossing streets and may also be required at other locations within the system. Elevators will also be required within each building in the skyway system to provide vertical access for the handicapped. � D. COST SHARING AND FUNDING POLICY The following cost sharing and funding policy applies to all skyway system elements (concourse corridors, nodes, bridges, bridge support structures and services and vertical access facilities) not under a construction contract at the time of the adoption of this policy by the City Council, unless otherwise specifically exempted from this policy by the City Council. Such skyway system elements specifically exempted by the City Council will be covered by . the General Policy Statement - Pedestrian Concourse System-Downtown Urban Renewal Project-ivlinnesota R-20, as adopted by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, Revised August, 1972. This cost sharing and funding policy is considered to be consistent with St. Paul's adopted Capital Allocation Policies. The skyway system is considered to be a Service System Improvement and any proposal for an addition to the existing skyway system must be based on the merits of each proposal as to its economic benefit to the City. The sole and final determination for each addition to the existing skyway system will rest with the City Council. _ � "�. ^�+ �• ' _5_ �o'/J�U � . , 1. Brid�es - Th City ill pay ot more than one-half the total cost of each skyway ridge, including constr�uction osts, ar hitect's fees and other associated costs. The exact a ount will be negotiated betw en app opriate City staff and benefitting building owners or evelopers. The City Counc�l will ake the final determination on the exact cost to be borne by he City. � 2. Concourse orridor and No es - Benefitting building owners or developers will p y all costs for constructi g, rem 'eling or reconstructing their buildings to provide ac ptable concourse corri ors an nodes hrough their buildings. � 3. Brid e Su ort Stru tures a d Services - The developer or building owner at each nd of the bridge w ll be re ponsibl and will pay all costs for the provision of structural upports witnin the buil�ing; wh ch are ecessary to accommodate the bridge. The City will t be financially responsi le for s ch increased structure to support the bridge, nor will the City build inde�endent upport for the bridge at either end at its expense. With respect to bridge ervices the building owner or developer will design and conn ct _ _ the mechanical and el trical ystems of its buildings to the bridges and supply to th bridge facilities the necessar heat, c oied air; and electrical power from the mechanical a d electrical sysfejms of i s buildi gs, unless the building owner or developer is advised y the City that, for I specifi bridge a previously constructed building'already contains s h facilities. Where a bri ge con ects the improvements of one developer or buildin� o ner with that of an�pther d veloper or building owner, each party so connected shall be r sponsible for agreeing aslto how hey wi share the cost of providing the required mechanical nd electrical servi es to t e bridg . Such a cost-sharing agreement must be reached by the affected partie s� and s bmitted to the City for its approval prior to the start of brid e construction. For bridges in ew buil ings fo which the location is determined at the time of wor ing drawin re ar�tion, t e devel per's working drawing and specification will include echanical gP P and electrical equipm t desig , location and connections to supply necessary servic s to the bridges. F�r bridg s wher precise location is not yet determined at the tirr,e of working drawing completion on the bui ing, the developer must agree to retain the service f its architect, at t e time uch bri ge location is determined, to provide necessary ciesig services as stateo abov�. . . " ` '", •. -6- ' ' " � . , , The building owner or developer must agree to retain the services of its architect to provide information, drawings, documents, and to spend the time necessary with the City's architect in order to coordinate the provision of inechanical and electrical facilities to the bridge and to resolve all structural, aesthetic and related matters 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 the two buildings to which the bridge connects are capable of receiving the bridge. 4. Vertical Access Facilities - Vertical access facilities will be installed by the benefitting building owner or developer at no cost to the City. Existing vertical access facilities will be used wherever possible. The City Council may, at its sole and final determination, require the installation of escalators or elevators as part of the skyway system. The benefitting building owner or developer will pay the costs of such vertical access facilities. 5. Directional Signs - The City will pay for the manufacture of all iliuminated directional sign boxes and faces within buildings. The benefitting building owner or developer will -- . pay all costs for supports, electrical service, installation, operation, maintenance, repair and replacement of such signs. Such directional signs shall be installed by the building owner or developer prior to the opening of the skyway bridge, or bridges, for public use. � 6. Hardship Determinations - If a benefitting building owner can show to the satisfaction of the City that the costs noted above constitute an economic and financial hardship, the City may consider financial assistance to any building owner (other than a developer) in an amount not to exceed the market value of the square footage of that part of the building which is required for second-level skyway easement purposes. Developers shall not be eligible for such hardship determination. As used in this section, developer shall mean that person, partnership, joint venture, or corporation who is constructing a building or building addition to which a skyway bridge will be connected. In cases where the modification of inechanical and electriccal equipment in a building proves � economicaily infeasible, the City will consider providing the necessary mechanica! and electrica! equipment as part of the skyway bridge. The City will make the final determination as to wh�ther modification of inechanical and electrical equipment is, in fact, ecpnomically infeasible. The City Council will make the final determination on all such hardship cases. � , _ �-i.s�a� :,� ,� . � . � �i � � . . -�- , E. RE UIR MENTS FOR E PENUITURE OF CITY FUIVDS IN HARDSHIP CASES � 1. Cost Esti ates a d Reim ursements - As requirements to the expenditure of C ty monies for s yway s stem c struction where the City determines there is a hard ip to the buildi g owne , preli inary plans and cost estimates therefor will be submi ted for approval , y the ity. In o event shall the City provide monies under the prov sions of this aocument for improv ments which are not clearly identifiable as part of t e skyway system. The cost.es imates rovided by the owner will include the estimated squ e foot _ cost of all finishes i tegral the area of the skyway system as set forth in Secti n F. Such cost informati n shall 'ncluded estimated costs for approved vertical access acilities to be provided by th owner If the building owner undertakes to have any of the bove improvements done y a con ractor other than the contractor being retained by t e City to do the bridge con tructio , the City will reimburse the building owner only for ctual _ costs incurr d. Suc costs ust be proven to the satisfaction of the City. 2. Submissi n of Pl ns - Pl ns shall be submitted by the building owner for appro al by the City, in icating all mat rials and finishes used in the skyway system and the chitectural manner in which th skywa system is separated from abutting private building a eas where the c�ncours occurs within the owner's building. The City will make cert in additions to such drawings, i cluding igns and other graphics, furniture, and other element consistent with achieving iden ity and esign continuity for each segment of the skyway sys em. F. DESIGN AND h"ATERI LS RE" UIREti4EhTS AND STANDARDS In order to achieve the desi n identity, continuity, and ease of orientation neces y if the skyway Isystem 's to fu ction effectively, the City has established certain de ign and materials r quirem nts for the skyway system. The design of the skyway system within each block hall ad ere to hese requirements. With the exception of the design nd construction of directio al signs as note in Section D.S., the developer or building owrier shal be responsible for all cost of cies gn, con truction, installation, maintenance, replacement and epair of ali item enume ated in his section. -S- � � 1`^ `"• ' -�'' i 1. Skyway System Symbo! - A graphic symbol has 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 symbol will be permitted. 2. Skyway System Graphics - Graphics will play a vital role in orientation in the skyway systein, and through consistency of design and placement, will also constitute a vital element in achieving skyway system identity. The City will be responsible for the design and location of all skyway system graphics; the types of graphics and general location criteria are as follows: _ (a) Directional Signs - Directional signs are the largest and most conspicuous signs in the skyway system. They are used to give directions to streets and to major buildings in the skyway system. All directional signs will be attached to concourse ceilings (or suspended f rom the ceilings, depending on ceiling height), will be perpendicular to the axis of the concourse area in which they are located and will be the only such signs to be mounted in this manne�. The most important of such signs will be illuminated. The building owner will provide: 1) support for the directional signs above the ceiling; 2) electrical services to the signs; 3) the pendants which connect the signs to the structure above the ceiling. The City has developed standard designs for the directional signs and will advise the developer or building owner of the specific location of the pendants and signs. � (b) Maps and Route Directories - Wall-mounted or free standing maps and route directions of the skyway system will be placed in prominent locations at the head of vertical access facilities, within nodes, or in other appropriate locations so that the pedestrian may, together with the directionai signs, determine the skyway route to be used in order to arrive easily and quickly at a desired location. 3. Skyway Equipment - To achieve prominenee and identity for major node areas, the building owner, with the approval of the City, is encouraged to provide skyway equipment in and near the node areas. Such equipment may include sculptures, decorative fountains, public telephones, public toilets, drinking fountains, kiosks for display of material of public interest, benches, trash receptacles, planter boxes and other equipment as approved by the City. The location of such equipment in or near node areas will be determined jointly by the City and the building owner or developer, based on analysis of expected traffic patt�erns within the node and to adjacent private areas. The City and the building owner or developer will jointly approve the design of al! such elernents to be placed within the skyway system. . .� �'i��' �'� ' -9- � -/.�30 M `\ , " 4. Sk wa F1'oor Ma erials - 11 skyway bridges will contain terrazzo floors of a b own and grey chi in a da k matr' (Venice Art Marble V-1036, or equivalent), herein r ferred to as "skywa terraz o." Th City will require the use of skyway terrazzo in all or a major portion of th' node t be dev loped central to each block of the skyway system. S ch use of a cons ant ma erial t each bridge and central node will establish a repetiti e rhythm of spaces tha will a'd in ach eving identity and continuity for the skyway system. In concourse corridors ru ing be ween br dges and nodes, other floor materials may be used, t ugh a consistencyl of floo mater' 1 for concourse corridors must be maintained throug out each building. Skyw y terra zo and the concourse corridor floor material may not be used, unless changed in color tone or texture in private non-skyway building areas n proximity io the skyway syste where uch use would tend to obscure the identification of s yway materials with conc urse ar as. If the building owner chooses to use carpet or ot r non- permanent flooring ateriai for concourse corridors, the building owner must agr to replace such carpet ith ne carpet or other material matching as closely as poss ble the original in c 1or and exture t such intervals as may be determined by the City. 5. Concours Ceilin s and L htin - Concourse ceilings shall be of the same mat rials thr�ughout y one uilding. tVlinimum ceiling height shall be 8'0", and no signs or other graphics oth r than s speci 'ed above shall be fastened to, or suspended from, th ceiling. Lighting fixt res sh 11 be re essed or attached in immediate proximity to the ceili g; hanging or pendant fixtures il! not e permitted. Luminous ceilings are permitted. Artif'cial lighting intemsity sh 11 be a inimum of 30 f.c. at every poirit along the floor. Th artificial lighting shall be sup lied wit eiectricity in such manner that the interruption of ervice in any circuit inside he buil ing will not result in total interruption of the require Iighting. . ��here adjacent priv te buil ing areas are open to the concourse, a differentiation in ceiling treatment, height, 1 ght lev 1, and/or light color shall be achieved. At nodes and t other locations where ceii ng-mou ted directional signs are to be located, additional lig ting and/or outle s shall e provi ed to accent such graphic material. 6. Sk wa S stem alls - here the skyway system is defined by walls or partiti ns separating the concour e from djacen private building areas, such walls may be of a design and function con istent ith the use and architectural design of such private building reas. Exceptions ill be r quired t wall areas where graphic panels, maps, route direc ories, or other sky ay-rel ted gra hic material is to be located. Skyway system walls s all be of durable, easaly main ainable finished materials. Where shop signs, department id ntification signs, or other perm ent g phics not related to skyway graphics as specified ab ve are required, they s all be 1 cated on and/or parallel to concourse walls at a heig t between 7'0" above the floor except signs painted on shop windows may occur at other hei hts . -10- - � ' ."•�ti H � � . � r � � consistent with good design p�actices. No signs, except as specified for skyway related graphics, may project from concourse walls into the concourse easement. " 7. Skyway Colors - Skyway-related signs and other graphics wil! employ a specific color scheme throughout the skyway system as developed by the City. Non-skyway related signs and graphics in proximity to the concourse or node area utilizing the same color scheme as skyway-related graphics will not be permitted. G. EASEMENT REQUIREMENTS In order to assure public return for the public investment made in development of the skyway system in the downtown, all areas of the skyway system must be located either on public property or within public easement granted without consideration by the developer or building owner. Such easements shall be coterminous with the designated areas of concourse corridors and nodes and vertical access facilities; also, shall extend on the ground floor from the foot of vertical access facilities to a public sidewalk or other public property, giving access to a public sidewalk. Such easements shall be required for both those skyway system elements f or which the City is responsible and those elements constituting a-link � in the basic system for which private parties may be responsible. The easements will be in forrr} satisfactory to the City and will be limited to the life of the improvements constituting the skyway system. The easements will grant to the public the right of use of the skyway � system f or purposes of ingress and egress and pedestrian transit without limitation, except that such easements may attach reasonable conditions regarding closing parts or all of the skyway system within the developer's or owner's structural improvements during non- business hours as dictated by reasonable security requirements of the buildings through which the concourse passes. Subject to the following conditions, the developer or building owner shall have the�right . at any time to change the locations of such easements and the easements shall so provide, on the condition that new easements. are granted which permit the continuity of the skyway system, and the developer or owner installs a new pedestrian concourse on the new easement � area at the developer's or owner's sole cost and expense. , . -11- �rd(—/..S3o ! ' • . � R I In the evell t the d velope or owner elects to substitute a new easement locati n, it will submit to the Cit the de cription thereof, the plans and specifications therefo , and proof of ability ito pay d met d of payment therefore for the approval of the City, which approval shall not b�e unrea onably ithheld. The City shall have 90 days after the subm ssion in which to a�pprove r rejec the submission. If the City rejects the submission, i must do so in writi�g with n the 9 -day period and, in such writing set forth in detail, th valid reasons for such r�jection In the event the City fails to reject the submission within s id 90-day period, th� City's onsent hall be conclusively presumed. The City shall not b required _ to approv� any ch nge in asement location unless the easement to be submitte therefor contains a� least he sam area and dimensions of the existing easement; and t improvements thereon ar�e of th same c aracter, quality and functional characteristics of the initial concourse, including r�eplace ent of igns, graphics and furniture provided in the original s yway system. When the �ity ap roves t e substitution as aforesaid, the part:es shall then join in the execution and delivet�y of an amend ory agreement in recordable form which designates he substitute location arhd term nates t e easement over the old location effective upon com letion of the constr�ction the ne concourse and skyway system. _ H. OPER/�ITION ND IViA NTENANCE REQUIREhiENTS The skywa� syste , inclu ing all future additions, is located on public property r within public eas i ments. As suc , the City has a proprietary obligation for operation, aintenance, repair and Ireplace ent of the skyway system. Nevertheless, the City will requi e, as part o� the� easem nt agre ment, that the developer or builciing owner assume t e full responsi- bility for tlhe oper tion, m intenance, repair and replacement for a!1 segments f the skyway system loc,ated wi hin its roperty, for bridges over streets abutting its propert , and carry out such o�eratio , maint nance, repair and replacement at its own expense wit out cost to the City�. In th event hat the developer or building owner fails to operate, aintain, repair or r�place t e conc urse system, or any part tnereof, to a reasonable sta dard, the City mlay perf rm suc operations and assess all costs incurred in so doing a ainst the develo�er or b ilding wner in accord with the normal procedures for assess ents related to �idewal maint ance, repair and replacement in the City of Saint P 1. Where sky�Nay bri es con ect the property of one developer or owner with that of another, the develo�bers or wners ay share equally, or on whatever other basis is rnutu lly agreeable to both, th� bridg operati n, maintenance, repair and replacement costs. Such agreement rnust de su�mitted to the ity for approval prior to cominencement of bridge co struction. � �, .,