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85-1686 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council . CANARV - DEPARTMENT ��:// BLUE - MAYOR File NO. 6� City Attny/PBB CQu 'l Resolution w , Presented By � Referred To Committee: Date Out of Committee By Date BE IT RESOLVED, by the Council of the City of Saint Paul , that the City Clerk is directed to accept and keep on file that certain Skyway Agreement dated , 1985, between the City of Saint Paul an ontro Data Properties , Inc. , attached hereto, which Agreement contains covenants and obligations relating to the skyway bridge and pedestrian concourses which touch and concern the following described property in the City of Saint Paul : Lots 3 through 10, Block 6, Whitney & Smith' s Addition to the City of Saint Paul ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attach- ment) in the Office of the County Recorder, Ramsey County. COUNCILMEN Requested by Department of: Yeas p�� Nays � Masanz In Favor Nicosia � Scheibel Sonnen A gai n s t BY Tedesco Wilson Adopted by Council: Date �C� 2 1d 1985 Form Ap roved by City Attorney Certified Pas e ou ci Sec ry BY iz -�z�ffs By t#ppro by Navor: Dat `� DEC 2 7 1985 Approved by Mayor for Submission to Council B �--Y�t--�� Bv 4 P►a��I�!�`� �1 p.r.� �� ?g8C • • � � � , � �� ` � �� 1 � � i 1 `� � � � � �"� �`� STATE OF MINNESOTA ) County of Ramsey ) ss. CITY OF SAINT PALZ ) � , I . . . . . . . Albert B.. O1son. . . , . , � . . . , , , , , , , ,City Clerk of the � City �f Saint Paul, Minnesota, dc� hereby certiiy that I have cor�;�ared the attached copy �3f Cau�cil Fi1e �o, ,85�1686, . . . . . . . . . . - as adoptad by thc: City C:ouncil. . . . . . December, 24. . . . . , � . , 1c�.85. . , and a�proved by the rlayor. . . . . . . . . . . December. 27:. , . . , . . . . 19.85. . with ehe original thereof on file in my office. I further certif_y that said cony is a tru� and correct copy uf said original and t�.e whole thereof. WITDTESS my hand and the seal of the City ot Saint Paul, Minnesota this . . . 17th , � , . . daq of . . . January. . . . . . . .A.�. 1986. . . . . . .��:�:�. . . . .'��. .-. .C.�. .--�. ..:�;�� . .. . City Clerk. �/ s ��'� �; nU � 6"r ..•' f ��,<.�� .' `..R � ,.'} �- �"`�-� .,'. �� ' � r � � � r �i. H,- f �� u .� � . ...,..+ �y . t � : � ��a � �j �� tE � _ . . C� ti;.:�-.�tid;�f � - � , _,_ .,�d < � � . �e`� � ,:�_ 4 • � ,. � �� ` , ''�h.x e'e" . t qnJfy *i,_ 'r:ii�4 t?iij?�_'$�'�`u^�.,�i�1,�7� .��.Oi1 I nfatTE -- CI;V CLERK . .. . . . . . . . .. . . � �:T�K — FINANCE �GITY OF �J.A�1�TT PALTL Councii � � . �NNAi7Y - OEPARTMENT ' :��/� (�/V/ � �'j:J E -�w 4 V O R� F11C �O. d r3 �,�y�,�t�riy/PBB CQu 'l Resolu�ion � , Presented By � . Referred To Committee: Date Out of Committee By Daie - -- � BE IT RESOLVED, by the Council of the City of Saint Paul, that the City Clerk is directed to accept and keep on file that certain Skyway Agreement dated � , 1985, between the City of Saint Paul an Contro Data Properties, Inc. , attached hereto, which Agreement contains covenants and obligatians relating to the skyway bridge and pedestrian concourses which touch and concern the following described property in the City of Saint Paul : Lots 3 through 10, Block 6, Whitney & Smith' s Addition to the City of Saint Paul; and � � BE IT FURTHER F.ESOLVED, that the City Clerk is authorized and ,,,,� directed to file a certified copy of this Resolution (with attach- � ment) in the Office of the County Recorder, Ra.msey County. :�� ;� COUNCILMEN Requested by Departmertt of: Yeas Nays � Drew nrtasanz In Favor Nicosia � Schei6el sonnen A gainst BY Tedesw W i Ison Adopted by Councii: Date _ DEC'Z Ia ��8�j Form Ap oved by City Attorney Certified Pas e ounci Sec ry BY �� `�Z�o� B:; Appro�� by Mavor: Dat � ��L ? 7 ��$5 Approved by Mayar for Submission to Council g�. ti—�r��.---°"' gy p�;��T� �a,�:. �� gg� � CITY CLERK , Februarv 24, , 19 86 CITv OF ST. PAUL . � � �---- . 386 CITY NALL � Number Instrument Descri tion - Fees Reso. 85-1686 Skyway Agreement - Control Data Properties ' � Contact Person Trudy RAMSEY COUNTY RECORDER Phone Number 298-4231 By � � � �� _ _ _ . z CI'1Y 'UP"5�"i1v�"'t'x-�r: ----�.,-_._.___._.______.__._____._..._.___.--. �..,,._,m_�. -.�-.,�.�.......__....... /`_ - I . . . . . , . Albert B.. O1son.. . . .. . . . . . . . . . . . .City Clerk of the � City Gf Sain*_ Pau1, Minnesota, do hzreby certiiy that I have com;�arad t?:e attached copy �Jf Council I'i2e :�To. ,85.1686. . . ... . � _ as adopted by thE: Cit� Council.. . . ..-December 24. _--.-. .... .19.8. . . . -_ _ . . . . . . . . . . . . . 5 ,� �� and a�proved by the �Iayor. . . . . . . . . . . December. 27:.. . . . . . , _1g.85. , . ,� �� 1 \,� � with the original thereof on file in my office. 1 � �� . � � I further certify that said copy is a true and correct copy ^'� ` � �l ,� of said original and the who.le thereof. � J t �� WITDTESS my hand and the seaZ of the City of Saint Paul, � � � Minnasota this . . . 17th , . . . . . �ay of . . . January. . . ... . .A.D. I986.. �0 �(/ � 'V � � � . . . . .�.��-�:. . . �. .��::��:-� ... � City Clerk. � ' ` i , i ; °ti , � , z � `, , � � w cti� c� �- o o � ' CJ rn -�-� = � a O z � -< c � c `� w � —1 � � � .� � m -< m v r� (�J � D-N-� � '� v' N r ° r v � A � r � � � O OD � � ~ �P � � N � � � � � � � W � � � c+ 7r 0 � N n � Z � J. /�� , ,V J� m� O ,1.V.� � 1� � � rt � � � N r , � i � � N . , p i O � Z �'� �-+ � i � � � r* �..., m " a l.. � O � `'`� � 0 0 � - m z n �., rt �,. m � � � � �, o0 -S� -;`1 `� rn � r�. c,� v�i � � ' ' r� .� �� t � _ �r�- �.�-/�� , . . , . , . , AGREEMENT REGARDING CONSTRUCTION, MAII\'TENANCE AND OPERATION � OF A SKYWAY BRIDGE OVER �'ACOUTA STREET � AND ASSOCIATED PEDESTRIAI� CONCOURSES �1 �` By and Between �$ � . M � C� CONTROL DATA PROPERTIES, ING ; C� . and THE CITY OF SAInT PAUL � _ _.__ _ . � . �9 g �.. --- . — - d � . , . � � ; , � . i .� _ . . .. ��i�� , , � CONTENTS OF AGREE[�4ENT To ic Pa e Bridge Construetion and Cost Responsibilities � I. Design, Construction, Payment 2 C� 2. Support Structure Within Buildings 2 �`% 3. Bridge HVAC, Lighting, Drainage Systems 2 � 4. City Assignment of Warranties 3 e''� � Pedestrian Concourse Construction Costs C`� 5. Concourse Access � 3 6. Concourse Construction 3 Easements, Hours 7. Grant of Easement and Hours 4 8. CD Easement Description 4 9. Width of Easement � 10. Easement Survey . 4 11. Easements Public and Subject to Law 4 12. Waiver of Share in Damages • _ S 13. Ownership of Bridge 5 Operation, Maintenance and Repair 14. City Transfer of Ptans, Drawings, Etc. 5 15. Scope of Maintenance; Approval of bJfodifieations S 16. Maintenance of Concourse; Carpet 6 17. Failure to Maintain; Remedies . 6 18. Advertising; Signage 6 Surety Bbnds, In$urance 19. $100,00U Sure�ty 8ond; Contractor's Insurance 7 � 20. Concourse Hazard, Liability Insurance 7 - 21. Amount of Insurance • 7 . • Directional Signs 22. Approval,�Cost of Signs $ � � - � . . ��s-�� , . � . � . Topic Pa�;e Binding Obligations 23. Subject to City Codes 8 C`1 24. Successors and Assigns Bound 8 � � �= 25. At,�re�ent Survives Conveyance, Is Not Merged 8 � 26. Owner Retains Praperty Rights; Obligations Cornreyed 9 �� 27. Effective Da�e of �bligations - Skyway 9 28. Effective Da.te of Obligations - Concourses - 9 � � 29. Notices 9 Savings Clause 30. Skyway Policy Pertinent � 10 � E.�:tension of Syst�n � 31. Tern�s of Southerly Extensian 10 Exhibits A. CD Easement � _B. Easemerit Form _ _ _._- _ _ . C. General Polic Stat�t for the CAnstructian o t e S�t Paul 5ky��ay System . . _ . � - , - . . � � ____.� ,..�:,�..m..,........�..,.._...�.,.m_�,..._ � : .-.,��,,..�..�,.�.�.e�,�...�.� . . . . _ ��-�s i�� . , . , � , .. SKYWAY AGREEMENT THIS AGREEMENT is made and entered into this �day of tsEPTiMBER. � 19��s by and between the CITY OF SAINT PAUL, a municipai carpor.ation, hereinafter referr�d to as the "City", and CONTROL DATA PROPERTIES, INC., a Delaware corporation, � hereinafter referred to as CD . �3' �"9 "� WITNESSETH: � C`� WHEREAS, the City and the Housing and Redevelopment Authority, hereafter "HRA", through the Downtown Urban Renewal Project, Minn. R-2Q, undertaak to develop a pedestrian skyway system within the Downtown Central Business District, hereinafter referred to as the "System"; and • WHEREAS, the City pursuant to Chapter 764, Laws of Ylinnesota 1973, is authorized to operate the System; and WHEREAS, th� HRA has caused a skyway bridge to be constructed over Sibley Street between Sixth and Seventh Streets, and the City is desirous of cantracting for the cons:ruction of a skyway bridge over Wacouta Street between Sixth and Seventh Streets so as to connect the buildings affected to the System; and � WHER�AS, CD is the own�r of Lots 3, 4, 7, 8 and 9, and parts of I.ots 5 and 6, Block 6, Whitnej� �c Smith's Addition, and certain improvements located thereon, which improvzments are hereinafter referred to as "CD Suilding"; and . WHEREA�, Railroader Printing House, a Minnesota corgcaration, hereinafter referred - to�as "Railroader;' is -the owner of the southeasterly 100 feet of Lots 4 and 5, Block 7, V4'hitney ac Smith's Addition to Saint Paul, and certain improvements locat�d thereon, � which improvements are her�inafter referred to as "Railroader Building"; and WHEREAS, CD agrees to the construction of a skywa� pedestrian bridge across Wacou�a Street from the CD Bui:ding to the Railroader �uildin�; and � WHEREAS, the parties hereto believe it to be desirable that the System be extencied by public easement to the CD Building across the skyway bri�ge across �'acouta Street Wnd, by public easement, through the buiidings owned by Railcoader Printing House, and / declare their intention to so extend the System; and �P 1 /(/%�- `) /,nj!�,//� (/v /�f/C/`FJ ' � ' � WHEREAS, the said extension of the System necessitates pedestrian ingress, egress � and transit through certain portions of the CD Building; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over Wacouta Street; and WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Wacouta Street; and � � . � � WHEREAS, a benefit will inure to the respective property owners by virtue of being `� linked to the System, and further benefit will inure to them when the system is extended � � as above described; NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO � AS FOLLOWS: BRIDGE CONSTRUCTION AND COSTS 1. Design, Construction= Payment. The City agr.ees to design and construct at its sole expense a skyway bridge connecting the Railroader buildings with the CD Building in accordance with City approved plans and specificafions-�repared by Hammei,,Green _ _ 4 and Abrahamson. The City will also design and construct the mechanical, ele�trical and drai�age systems, installations and connections which are shown in the approved plans and specifications to be part of the City construction contract. 2. Support Structure Within Buildings. CD shalt be responsible for and provide at its own cost all necessary support structures within the CD Buildi�g for accommodation of the bridge. 3. Bridge HVAC, Li�hting, Drainage Systems. Said skyway bridge shall include the necessary mechanical and electrical equipment for heating, ventilati�tg and air conditionirig:("HVAC"), lighting and roof drainage. The mechanical, electrical and roof � drainage systems of the bridge shalt be tied into the respective systems of the CD Building, �v.�hich systems shall be of sufficient capacity to serve the bridge. Pursuant to the bridge construction contract, the bridge mechani�al, electrica! and roof drainage li�es shall be capped a minimum of two feet inside the building line of the CD Building, and the connectians of these lines to the CD Building systems shall then be done by and.at the expense of CD. The said skyway bridge shall also be constructed with finishing at skyway bridge ends, a linear metal ceiling, terrazzo floors, triple insulated glass to the extent glass is u5ed to enclase said skyway bridge, and aluminum and glass�doors at both ends of tf�e bridge. � � • - 2 - . � � , ; . . � . � �� . 4. City Assig�nent of Warranties. City will include a provision in its contract for the constructian of the skyuray bridge, whereby the con- tractor consents to the assignment of �,�sranties to Ra.ilroader and CD, and the City, upan request, shall assign such �rarranties to Railroader and G'D tij upon approved contract completion «ithout relin.quishing its awn rig,hts � � �►der such warranties; and, i.f necessary, will cooperate in any prosecution `� of lawiul and proper claims such owners may Iater assert a;ainst the can- � � tractor(s) or others arisir�g from faulty design or construction of the � skyway bridge. City agrees to assign to Railroader and CD, upon request, all warranties on machinery and equip:nent, if any, installed in cormectior. with the bridge constructian, without relinquishing its own rights under such warranties; and, if necessary, wi11 cooperate and assist in any prosecutian of lawful and proper claims which may later be asserted against the vendors or otners arising from faulty design or manufacture of such machinery and equi_1x�ent. PEll�'I'RIA�I CONCAURSE CONSTR.UCTION A�1D COSTS _ __5._ Cancourse Access. CD shall, at its expense, canstruct_and be - responsible for pedestrian concaurse area.s and for vertical access facilities to the bridge at the second and third Zevels of the GD Buildi�a, in accordance with this Agreanent and the General Policy Stat�anent for the Canstructicm of the Saint Paul �ay System, adopted Jarivasy $, 1980. The location and physical dimensions of vertica2 access facilties and pedestrian ccmcourse shall be as described and shown on Exhibit A, pages .1 and •2, attached hereto. The vertical access facilities and subsequ�t � . Grant of Easement shall include access fra�n tne second level of the CD - Building to the public sidewalk level, w:ii.ch public sidewalk level is mid- � way betc�een the secand level and first level of the CD Builcling. 6. Concourse Canstructiorn. AlI costs and exoense in cannnection with the construction and extension of the pedestrian concourse from and within the CD Buil�a to the bridge over [,lacouta Street, and access thereto, shali be borne by CD. . FASE"l��.''�Tl'S AI�ID HOURS - 7. Grant of Easernent and Ho�s. GD hereby agrees ta grant to the , City a public easement� for the pedestrian cancourse syst�n throu�h the CD j � . � -3- �� , . . ��.5-/�� ,� � Builcling in accordance �,rith Fxhibit A attached hereto. Said easements to be granted by CD shall be in the £orm attached hereto as Exhibit B and sr�a.11 grant to the public the ri�ht o.f use of said pedestri� concourse system throL� the CD Building for p�,�s-:aoses of pedestrian ingress, egress, and transit, excegt for such reasonable police measures regardi.ng open hours and closirU all or pa��-t af the concourse throug� their property as the City �ay, by ordinance, fra� time to time determine, or regarcling public conduct therein as may be prohibited by `� skywway ordinance, as it may be �nended from ti� to time. It is agreed �hat �'°: „�,� the skyway brid�e herein and the new pedestrian cancourse provided for in the � � CD Bt:.ildin� shall be open for public ingsess, egress and transit frcr.� 7:00 A.M. � to 6:00 P.?�. , five days a week, and closed on Saturdays and Sundays. These hovrs are subject to revi.sian by mutval agree�nt and subject to the general pawer of the City to prescribe System hovrs by ordisiance. The portians of the � easenent sha�an as "Escorted Access for Handicap�ed Only", may be controlled b;� CD by doors and buzzers to maintain security. 8. CD Easement Deseription. The public ea.s�nent th:rough the CD Buildin� shall be in accordance with Exhibit A herein and �hall car�nence at'the westerly property line of the CD Buildu-� where the skyw-ay bridge over Wacouta Street wi.11 cross the property line to cormect to the GD Building az�d shal]. extend in - an easterly dixecticm as shown on Exhibit A:- S�eh eas�nent shall .anclude an._ _ « access elevator for the use of handicapped perso�ns traveling between the first and secand levels, which elevator shall be available for such use durir�; all hours of bridge and cancaurse operation. 9. kTidth of Easement. `I'he p�.ablic ease�nents provided for herein� sh�ll be continuously at 1Past 12 feet in �aidth, exc�t a� nodes, if any, where it may be larger; or where stai��rays or the stzuctural desi� of t}ie buildi.ng is such that a width of 12 �eet is i��ssibi2; Qr �.�ere rhe existing cons�niction of corri.dors, which have been and are constructed in accordance w±Ch fire standards, would m��ce e,xpansirm to 12 feet �conanically t:a�reasonable. The City accepts the actual width of corridors shawn on Exnibit A, pages 1 and 2, which , in some' areas may be as narrow as si_x feet. : 10. Ease�exzt Survey. Concourse areas shall be rnore particvlarly described, � by a registered land sw.veyor followwing cc�mpleted coristru,ction of the public cvncourse/access areas. � 11. Easements Public and Subj e�t to Izw. p agrees that the pedestrian canco•arse witnin the 2ase�r.ients herein described and the adjacent e2sa��tts shall be designated as public easernents ar_d that all �rduiances �f the City �:�ich by force of 1�T are apglicable to the Sys:.e� shall govern. . � • -4- - �_-�-��o� ,� li. Waiver of Share in Damages. The HRA and City hereby waive any right ihey may have to share in an award of damages in the event that a public body acquires aIl or any �art of tne aforesaid CD Building by condemnation or un�er the threat of candemnation. Said waiver applies to the easements through the properties but not ta the skyway bridges or e�� portions thereof within respective air rights easements. 13. Ownership of Bridge. It is agreed by and between the parties hereto that the ,,� skyway bridge between buildings shall at all times be owned by the City, and said skyway � C: bridge shall not constitute property leased, loaned or otherwise made available ta second � � parties, ar any one of them (within the meaning of Chapter 272.01(2) of Minnesota Statutes), oit being understood that said skyway bridge is intended to benefit the public generally. C`� OPERATION, MAINTENANCE AND REPAIR . 14. City Transfer of Pla�s, Drawings, Etc. City shall transfer to Railroader and CD • copies of all plans, specifications, drawings, operating manuals, written warranties, etc., required, and any other documents necessary to or useful in the maintenanee, repair and operation of the structure and the electrical, drainage and HVAC facilities in and serving the skyway bridge. -. _ 15. Scope of ll7aintenance; Approval of Modifications. CD-further agrees-that it is separately- - and jointly obligated, with Railroader, to provide the necessary repair, maintenar�ce and operation of the skyway bridge and its integral parts, including electrical, drainage and HVAC facilities in and serving the skyway bridge, it being understood that Railroader is similarly obligated by 3 'NC'_itr�;�� k�way Agr��ment with th� Cit;. CD shall enter ii7to a separate written agreement with I?aiiroader for sharing the maintenance, operation, anc� repair cos�s Qf �h� skyway bridge, a;�d c�ther. terms as may be agreeable to th�m� 5uch main�enance shal! bP tc� a r�asonable standard �f s:3fyty a:u1 cle�nlinPSS and shall inciude, bu� not b� limite� co, glassj fioor, h�.rdware and me2al trir:� ctcani:ig, polishing, repair and replacem�nt� ro�f maintenance; repain�ing; light b�ilb replacement anc light �ixture cie�ning. Except for routine repairs and replacement or when an emergency situ�tiun req��ires rapid action, City shall be furnished with plans and specifications for all additions, alterati�ns or repairs 3nd replacements to the skyway bridge, which plans and specifications shall be subject to their reasonable and timely approval or disapprovat before commencement of the work cor►templated therein. Lack of action on the part of the �ity to approve or disapprove within 14 calendar days shall be deemed approval� � 5'� /(J ____ __._.___..___....._.,...._,.w..,..,...,.�.�...e,._..�_......,,,a...�,_,e.......�.�.-�.�..,.........:...�..�..,�. �.�, � . � � ��=i�� 16. t'��laintenance of Concourse; Carpet. CD hereby agre�s to provide a!1 repairs and maintenance to maintain the pedestrian concourse in or on the CD Building to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse. Except for routine repairs and replacement or when an emergency situation requi�es rapid action, City shall be furnished with plans and specifications for alI additians, alterations, or repairs�and replacements to the pedestrian concourse, which plans and speeifications shall be subject to their reasonable and timely approval or disapproval before commencement � of work contemplated therein. Lack of action on the part of the City to approve or disapprove � �; within 14 calendar days shall be deemed approval. If CD uses or instaits carpet or other � non-permanent flooring material for concourse corridors, CD shall replace such carpet G'? � with new carpet or other material matching as closely as possible the original in q�ality C� at such intervals as may be determined jointly by the City and CD, such new carpet or other i material to be submitted to City for its review and approval, which approvat shall not be unreasonably withheld. 17. Failure to Maintain; Remedies. If Railroader and CD faii to adequately maintain, repair and operate the said skyway bridge and their respective pedestrian concourse areas to a reasonable standard of safety and cleanliness within 30 calendar days after receipt by the affected party or parties of written demand from the City specifying the actions - -- . - to be takerr, the City may undertake said reasonable and ne�ssa�-y maintenance, repair — - o and operating tasks, and the cost incurred by City for said maintenance, repair and operation shal! be assessed to and shall be paid forthwith by Railroader and CD or their sureties a:; applicable; provided, however, that the City retains the right to assess such costs as a local improvement in the manner provided by law. Notwithstanding the foregoing, if the conclition :�.�h�ch prompts the 30-day notice by the City cannot reasonably �e remedied with 30 calendar days, then the 30-day period shall be extended by the City to such time as may be reasonable for curing the condition. 18. Advertisin • Signage. The skyway bridge and pedestriari con�ourses which are the subje�t of this Agreement shall not be operated for the purpQSe of adVertising the name of any product or business or any other commercial purposes other than for or on store � fronts in�the pedestrian concourse. Such store front signage shall not project out from .the wall into the easement area except as subject to the reasonable approval of�City•before installation. Nothing herein contained shall prevent the in�tallatiun and maintenance of skyway directional signs. Plans for all signage shatl be submitted to City prior to sign construction and installation, and the City's approval shalt be given.if such signage is comparable to that existing elsewhere in the System, if not confusingly similar to skyway directional signs, and if consistent with good design practices. • // - 6 - Cf'�--�5=/�.�� ' 19. $100,00Q.00 Surety Bond; Contractor's Insurance. CD and Railroader are separately and jointly obligated to, and shall furnish �nd maintain a surety bond in the amount of $1GQ,OOG.00 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee, conditioned that said Railroader and CD shall indemnify and hold harmless the City against all expenses and liability on account of a!1 costs, claims, suits and judgments arising out of or connected with the maintenance, operation, repair and/or removal of the_skyway bridge, its integral (�j parts and related equipment, and further conditioned upon Railroader and CD complying ,-�,�' with all terms and canditions expressed and contained in this Agreement as to maintenance, � operation and repair and/or removal of the skyway bridge, which surety bond shall be in � �`� such form as shalt be approved by the City Attorney and shall have such surety as shail � be approved by the Director of Finance and Ulanagement Services for the City. The City shall procure from the general contractor and pravide to Railroader and CD upon request, do�umentation evidencing that the generat contractor is maintaining, throughout the entire period of construction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in paragraph I, herein, naming the abutting proper�ty owners to the skyway bridge as additional insureds as required by said plans and specifications, specifically in accordance with Section 4., General Conditions, and Section 6., Special Conditions, of the construction contract. The City shall not require CD or Railroader, or their sureties on said bond, to remove the said skyway bridge at their expense unless (i) CD and Railroader (or their successors or assigns) agree thereto; (2) such removal is necessary to protec� the _. _ _ . health, safety and welfare of the public,pedestrians, motorists or persons in either the - - CD Building or Railroader Building; or (3) either the CD Building or Railroader Building, or both, ace razed and not rebuilt. 20. Concou�se i�azard, Liability Insurance. Insurance required hereunder for hazard and liability for the areas designated as easements for access and for the pedestrian concourse sha11 bP a maintenance cost to be assumed by CD� • 21. Amount of Insurance. CD and Railroader ar� segarately.and jointly obligated " to, and shall•furnish and maintain public liabiiity �nd casualty insurance coverage for the skyway bridge and liability insurance for the pedestrian concourse, with a duly licensed insurance company, wherein the City shall be designated as an additional insured, said insurance containing the following minimum coverages: for property damage to the extent of $200,000.�0 in any single accident; for personal injuries, including deatfi, $500,000.00 for each occurrence. Such minimum amounts shall be subject, upon 60 days notice, to reasonable change by official action of the Council of the City of Saint Paul, in �th� �vent statutor� municipal liability limits.are altered by legislation or judicial decision at any time after the date hereof. The casualty insurance shali have an all-risk or physical loss coverage in the amount of the full replacement cost of the skyway bridge, as re�sonably determined by the City from time to time. . l� . � - 7 _ / . � � ��'�/��'� � �DIRECTIOf�AL SIGNS � 22. Approval, Cost of Signs. The location of directional or other signs that may be installed in the pedestrian concourse herein shal! be determined by the City. The City shall pay the initial cost of such signs. The cost of installing, including electrical connections � and mount:ng hardware (pendants, or ceiling channel, and support above ceiling), shal! be � considered part of the cost of construction of the concourse, the liability for the payment. � � of which shall be governed by paragraphs S and 6 herein above. The cost of operating, �'3 � maintaining and repairing the directiona! signs shall be borne by CD. If the Iocation of r.;�k �� the pedestrian concourse public easement is changed, the said signs shall be moved ' accordingly, and the cost of moving and reinstalling signs to a new easement area shall be borne by City, unless the change has occurred at the request or by the action of CD, in which event CD shall pay all such costs. If the�sign moving req�ires a change in the sign � face, the changes shall be made in a manner consistent with the graphic design sys#em established for skyway signs, and the cost of such change shall be borne as provided in the immediately preceding sentence. _ BINDING OBLIGATIONS � 23. Subiect to City Codes. The parties agree_ that in the construction, maintenance, . �__� _ �-- " repair and operation of the pedestrian concourses, they shal! be bo�nd by all City Codes . and ordinances governing the System, insofar as they are applicable by force of law. - 24. Successors and Assigns Bound. The respective rights and obligations of the parties set fbrth in this Agreement shall be binding upon �nd inure to. the benefit of the respective �parties, their successors and assigns, and shall continue iri force until such time as said System or that part herein is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. 23. � Agreement Survives Conveyance, Is Not Merged. This Agreement shall survive conveyance and delivery of the Grant of Easement provided for herein and shali not be considered merged therein. - � , . . - 8 - � _�.. _. . .__.....��_.....__�._,.._a�...�.._..r.rw �,..�,�, _ -� �..�.�.�.,w.�,.�„�,,...��.�,..�.._...�.._..--�,,.� � : (:��.5-/�d�a •� ' 26. Owner Retains Property Rights; Obli�ations Conveyed. CD reserves unto itself � the unconditional right and privilege of selling, conveying and trar�sferring its abutting and/or encumbered or involved real estate herein and assigning an� transferring this Agreement to any other corporation, corporations, trust, trusts, individua!(s), partnerships or other form of �enture. In the event of transfer of its interest in the property, CD may be freed � and relieved, from and after the date of such transfer, of a!I liability as respects the per- �� formance of any covenants or obligations on its part contained in this Agreement thereafter � - � to be performed; provided that its successor fully and without limitation assumes in writing ;� all CD's duties, responsibilities and covenants under this Agreement. For the purposes of '�'� this paragraph, "owner" shall include, but not be limited to, lessors, lessees, sublessors and sublessees. 27. Effective Date of Obligations - SkywaY. Seven (7) calendar days after the receipt of the Written Notice of Final Inspection by the City, and its furnishing to CD, the obligations and duties contained in paragraphs 15, 17, 18, 19 and 21 herein above, as to said skyway � bridge, shall become operative. 28. Effective Date of Obligations - Concourses. Upon substantial completion of the pPdestrian concourse, City shall give wri�ten notice of such completion to CD. Seven (7) days thereafter the obligations and duties contained in paragraphs 7, 16, 17, 18, 20 and 21, _. __ herein above, as to said pedestrian concourse, shall become operative. — - - 29. Notices. Any notice to the parties here�nder shal! be considered sufficiently delivered if mailed, by registered or certified mail, postage prepaid, as follows: a. To: City of Saint Paul Donald Nygaard, Director . � ' Department of Public Works • . Sixth Floor, City Hall Arinex � . 25 West Fourth Street � � St. Paul, Minnesota 55102 ' . • - and HRA/City of Saint Paul, Minnesota James J. Bellus, Executive Director 14th Floor, City Hall Annex 25 West Fourth Street ' . � St. Paul, Minnesota 55102 and � . 9 - _ _ ...:__�..:, �...,�....�.....,,��,....�,�..<,d.....�-_.m.,....,..,_....t.�.�..�.w._..�..,�.,H�..�...�__a��,�.,,,,� - ' c:ity oi 5ai.nt raul ��_�� 4�p , Peter G. Hames, Director . �-'� ' ' � Department of Finance and �, � Management Services � Room 347, City Hall St. Paul, Minnesota 55102 b. To: Control Data Properties, Inc. 245 East Sixth Street � St. Pau1, Minnesota 55101 C''; � a party may, by written notice, designate a different address to which notice to � � � i� shall be directed. ;� SAVI:IGS CLAUSE 30. Sk�way Policy Pertinent. The General Policy Statement For The Construction of the Saint Paul Skyway System, adopted January 8, 1980, attached hereto as Exhibit C, (not including any later amendments) is hereby incorporated into this Agreement and its terms shall be binding as to the bridge and concourse areas constructed pursuant s to this Agreement. In the event any provision of the General Policy Statement conflicts or is inconsistent with this Agreement, this Agreement shall supersede and be controlling. EXTENSION OF THE SYSTEM 31. In the event the City at some future date develops plans for an e�tension � of the pedestrian skyway system from the CD Building over Sixth Street, CD agrees to work with the City in determining the feasibility, design, timing and construction of such bridge, as well as current and future easements. This agreement to cooperate . _ .. - _ _ _ �___ on the feasibility and design does not in any way obligate either CD or the City to — build 5uch a bridge or extension to the skyway system. However, CD agrees that any easement granted by CD to accommodate such a new bridge and to link it with the bridge over Wacouta Street will be without addition consideration. Also, the City's current Ganeral Polic� Statement in effect at the time this Agreement is executed for the can�truction of the St. Paul Skyway System will govern in determining the construction an�. design of sucy skyway bridge. � -10- /�� y5 i�� r�PPROVED AS TO FORM CITY OF Sr1INT PAUL � ' � - � � 3-/S�'� B ,i . � � ts Mayor C''� . � C'"� :``� gY It 'rector De artment f P�n ing an nomic Development ey ts Director, De rtment of Finance and Management S vices By �,,,/ Its City Clerk . � / C� - 11 - . , . _ � C�r-�.�-�� STATE OF MINNESOTA ) . ) S5. COUNTY OF RAU]SEY ) � Tne fo:egoing instrument was acknowledged before me this � day of . , I98� � by GEORGE LATI�VIER, Mayor of the C1TY OF SAINT PAUL, a municipai corporati n o� the C`': State of Minnesota, on behalf of the City of Saint Paul. � - - � O ��•�• SHANNON M. JOHNSON t"� ~ .�±►�+i: NOTAqY PUBLIC-MINNESOTA � ��'��c��.� RAMSEY COUNTY `'+�1�' My Commiaeion Expirea June 7,1991 • . STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) . � The foregoing instrument was acknowledged before me this _�j da of 19 �`� Y �, by JAMES J. BELLUS, Director of Planning and Economic Development for the CIT OF SAINT , PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul. �s�rao-ssvea L A�J�:1 !_. �C,�i��T � � ` ��si�r�-""'� � � �y��i`'!i NOTARY PU3UC—�dINi�E30'fA "��•� .�.� R,�.. , �`•�� Fi��SEY COU;�1 i Y , .��'t.��•`� My Commission Expir2s June i3, 1937 __._ . ---- �STATE OF MINNESOTA ) '-- — - � ) SS. - COUNTY OF RAMSEY ) � �/RRN �D�qRD 5 � The foregoing instrument was acknowledged before.me this �o�"day of 98� hy . , Director of the Department of Finance and Management Services for the � CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota; on behaif of the City of Saint Paul. . . • � � . x:. BARBARA J. ZUSAN S,••;'�.�: . �r.,�-R� �OT.',RY WJBLIC-�MINNESOTA �°—....�*x�< ��b1.a' RAMSEY COUNTY - ti1Y COiYlhi.EXPiRES MAY 3,1990 y � • . STATE �F MINNESOTA ) � )SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this �D� day of � , 198+�t by ALBERT B. OLSON, City Clerk of the CITY OF SAINT PAUL, a municipal co poration of the State of Ufinnesota, on behalf of the City of Saint Paul.. �s�+.sas�r3s:�a•.�;,�;,.,.�,�•:��;�sh+a.+a�v;,r� ' TFi.�C•: e::� �. �,;� ^�_ y ��j:'�'t�.a��i:. NOTr:RY FU6!I.r.7'—411:•!P!_:i:J'�i1 � • . `�'r- �� S� r. � �.,�s�� RAMS�Y GOUNTY •'+1,�.:' My COmmission Expires Oct. 15,1590 /� . - IZ - . * � , . _ �= �s-�� C0�'TROL DATA PRDPERTIES? I1�C. � �? �, � By � �- _ � Its patrick . Conwap, V' ce President ;� Real Estate & Facilities Admin. sy Its ilbur D. French, Vice President ��'f /,�� / � / , � B �r . -�. ( �. � -,,�,� '� ! f Y � STATE OF MINNESC3T3'TA ) J hn D. Black, General Managez ) SS. COUI�'TY �F RAr1SEY ) . � this � day of � , 1984, before me, a Not Public within and for said Cotmty, appeared and � to me personally known, who, eing each by me ly swo , did say tha� they are respectively the � and �.� , of the CO�TTROL DATA PROPEP.TTES, INC. ,--a-Delaware corpar-ation, t said ' tnk?►er.t - - was si ed by authority of its board of directors, and sa'd and� � - � aclmowledged said instrucr�ent wa.s t free ac� and deed of said corporatian. � �y MARSH� S. ROBERTS '"µ� INNES�T'` ��: NO'�ARY PUBLIC-Wi DAK07A COUNTY • '�!•` G. 12. 1990 . .. MY COMMISSION E%PIR��AU � - . . • ' � � . -13- � r� . , / , ,_,� _ =-- n .�+�= . �. 3�'d� , � �.1��+.fl J�� ' . . . . . . .��4�3�; • • . � d • >� �x-��{+ . � � � � f' � t�. �� c� _��;�� d � � . �� `.:. n� z It '�'�� i�tE;= '�; � . . �'t�� •'�' �� !f b' � . . �—� . . �� . , �: ._.....�—ti......�_ �: :^_' :� � � � J � � � - � . , �. • ' . � _ ;��` �i _i ,' �� . .:�.• i= �-1 ,t ; � �7 --- ' •�. 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' a ' �t,��.� i 7'� . � � � _ � � . � L�� •--�.� �11�" 1 �� l- I . 2 i � ,� r�e �, - , . . + . {/"� • . � •� . � _ i s i � •� � �f� � ��+.r.�� a4.lr��w��yy �=-• � ' / . } ;� (• ; •'`� - •� � �'� � r ., � � �� Y��'�_: . . p w� �' � t }.ri� _ . . � 3„� . �t,=.1 . . �► , � ' p)e : E � Q .D •� �� { a a L ° �� - .�j I . . . �`�`�. . , ; ; � �--, � _ . � � �.,....- � � l ° - --. . .t�� - - _ . ; - ,: �� =—��:= . . � . - � , . _ .__.� _. �:� , �., , . . �� . . � : ; . -� -, �. ��- ��y :.� �� . � . a II � � �.`}j � `�t �;i , . � . _. :F f .-�3_`,'��.- °; � � . o,. � ;; -� ^- �--�1 � a � � � . � . - . � - �! � � �� .n � a a II 'a a, . •zI� : •� �� ?� � � .� i �—._. ` � --� � � � � _ a� . . . , �—;�-_--,�� , �, .. � , � E , � , b, b # n �. a �.. �;;S; � !r^ - i� z—�� • ' ' , " .- ^— �f � � � � . � � � n - t, ��; � 'i :� -i't' � -b � . . �� I ;_ � � . . .. � .- -rj n �' � 8 a _ 4 a � rn � �I .� � '1?" } r • :;4�^� � �� b �' ' � ! � - �� I�� r � �'� �T � 0 ._.�..�� i . ll � r'" j � � �� I� � ' � � ' � i k'�: ` � ' �. (� � , ,� � � ,� s � � . � . � . � � N O � �: � • . O : . � �--. � � 9��/s.� � � : �. . j ,�.; � : •: �� r.+�cr na;..�o��r�c��.n`e: _� _ "fESGTA - �_,..��: --_ � ; ' . , o �J ;. � �7J� �� W. � �:�� .--��, .. ._'�v;ao�.'ozts'Z:.�araV._ � - ---- L . . ��5-/�� GRANT OF EASEMENT ' ``'� WHEREAS, COI�TROL DATA PROPERTIES, INC., a Delaware corporation, hereinafter �' called "Grantor", is the owner in fee of that certain land situated in the City of Saint Paul, County � of Ramsey, State of Niinnesota, more particularly described in Exhibit l, attached hereto, � hereinafter called "Grantor's Property"; and . _ �i4 ^�F WHEREAS, Grantor has agreed pursuant to that Agreement dated by and between the City of Saint Paul and Grantor, to grant to the City of Saint Paul, a public easement for purposes of pedestrian ingress, egress and transit through Grantor's Property for the pedestrian Concourse System of the City of Saint Paul, hereinafter the "�ystem". NOW THEREFORE, In pursuance of that Agreement, and in consideration of the sum of : ONE DOLLAR ($1.00) and other valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, Grantor, for itself, its successors and assigns, does hereby grant unto � the CITY OF SAINT PAUL, a Minnesota municipal corporation, a public easement for public pedestrian ingress, egress and transit, in and through the Property and the structures thereon, described as all`of which above-described areas shall be collectively referred�to__as-the "easement area". _ tl The easement area is expressly herein made subject to such reasonable policy measures regarding open hours and closing any part or all of the easement area within, on or over Grantor's Property during non-business hours, and regarding public conduct within the System, as the City of Saint Paul; by ordinance, from time to time may determine. The public's�right herein to pedestrian ingress, egress and transit, i.n and through the easement area granted to City herein, shal! also be, and hereby is, made subje�t to such reasonable measures regarding open hours and temporarily closing part(s) or all of the easemerit areas within or on Grantor's Property as the City of Saint Paul may, by agreement with Grantor or its.successors and a�signs, from time to time determine> This provision shall r,ot diminish the Cit�•'s right to, from time to time, exercise its Qolicy powers unilaterally, by ordinance, concerning open hours, or temporarily closing part(s) or all of the easement area, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict Gity's easement interest, but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's easement during tt�e hours so agreed or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the Iocat�ion of the easement conditioned upon the grant of a new easement which shall permit the �continuity of the System, and, on the further condition that the'new easement area shall be installed at the sole cost an� expense of the Grantor, and, on the further condition that:no change in the easement location shall be made without the approval of the City of Saint Paul, such approval not to be unreasonably withheld, and, on the further condit:on that said new easement shall be surveyed and described by a registered land surveyor at the expense of Grantor. �� . r �-��_,�� Notwithstanding anything to the contrary herein, the easement granted herein shall be timited to the life of the improvements constituting the System and shall terminate upon the happenirig of either of the following events: A. In the event any easement granted herein is vacated, abandoned or discontinued in � the manner permitted by law. - C`°; d' B. In the event the building(s) in, upon or over which the easement area is Iocated shall '� be substantially destroyed or demolished and such bvilding(s) shall not be repaired or � reconstructed; provided, however, that in the event such building(s} be reconstructed a� or replaced, Grantor, his successors and assigns agree that, without further consideration, � a substitute easement of substantiaily �qual convenience, area, and general configuration shall be given. In the event the easement ar any portion thereof is relocated, vac�teci or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor, its successors or assigns. - Grantor, for itself, its successors and assigns, does hereby agree that for and during the , life of said easement, Grantor shall be responsible for and provide for the cost of all repairs, irnprovements and replacements of the easement area as described herein? it being understood that the aforesaid covenant shall run with the land. TO HAVE AND TO HOLD said public easement for pedestrian ingress, egress and transit until the 5ystem i� vacated or abandoned in the manner permitted by Iaw or terminated, in accordance herewith. � • � IN WITNESS WHEREOF, Grantor has hereunto set its hand-this day of - , I9 - . � r ' Cl r _ � , . . _ ��/�� . c� � � � . : � � � EXHIBIT C: . � Generai Policy Statement for the Construction of the Saint Paul Skyway System, adopted January 8, 1980 m • . . . � . . . � . � . _ - �, � ; _ . �,=-�s-�� GENERAL POLICY STATEMENT � FOR THE CONSTRUCTION OF THE � SAINT PAUL SKYWAY SYSTEM � • �"3 O - . ..#.. � � � ADOPTED BY THE -- CITY COUNCIL OF SAINT PAUL, MINNESOTA � 1ANUARY 8, 1980 • • DEPARTMENT OF PLANNING . • � AND ECONOMIC DEVELOPMENT OF THE CITY OF SAINT PAUL, MINNESOTA . . � This Policy Statement Supersedes � � and replaces the General Poiicy Statement Pedestrian Concourse S�stem � Downtown Urban Renewal Projeet � � . Minn. R-20 J Adopted by the Housing and Redevelopment Authority ' of the City of Saint Paul, MinnesaLa • � � - �l= �'S /la�� GENERAL POLICY STATE�IENT FOR CONSTRUCTIOh OF THE SAINT PAUL SKYWAY SYSTEti1 C� �'= TABLE OF CONTEtiTS '�? � PAGE NUMBER :� 1 � A. PURPOSE AND GENERAL DESCRIPTION B. DEVELOPMENT PRE!�iISES AND COhS1DERATIONS i� C. SKYWAY SYSTEM ELEh�'iENTS DEFINED � 3 . � 1. Concourse Corridors � 2. Nodes � 3 3. Bridges 3 4. Bridge Support Structures and Services 4 5. Vertical Access Facilities - 4 � , D. COST SHARING AND FUNDING POLICY . � 4 I. Bridges � 5 _ ___ -- S 2. Concourse Corridors and Nodes -�_--- — " 3. Bridge Support Structures and Services S 4. Vertical Access Facilities 6 5. Directional5igns 6 6. Hardship Determinations � 6 E. REI�UIREMENTS FOR EXPEtiDITURE OF CITY FUNDS IN HARDSHIP CASES 7 1. Cost Estim�tes and R�imbursempnts � 2. Submission 9f Plans " � F. DESIGe AtiD :ti",ATEkIALS REQUI�E��iENTS AND STANDARDS • � 1.� S;cyway System Symbol � ' 2. Skyway System Graphics � 3. Skyway Equipment � . S 4. Skyway Floor tilaterials �9 - 5. Concourse Ceilings and Lighting • � 9 6. Skyway System Wa!!s � � 9 7. Skyway Colors 10 G. EASEMENT EtEC�UIREMENTS . 10 H. UPERATION ANU MAIN?EI�ANCE RcQUIREMENTS 11 �� .�..o..,..,,�.b�. � _ _.._.._..._.�.._ �,,..-.,..�.......�..�. �.,�,,�,��,.,�..,'.�:.�.,s....�.._.�._ �� ' �'S=/l��`� . - , � _ (,/� �ij GEI�cRFiL POLICY STATEMENT C; FOR THE CONSTRUCTION OF THE ,� SAINT PAUL SKYWAY SYSTEhti k � - - ``�► . � � ADOPTED BY THE CITY COUNCIL OF SAINT PAUL, tv1INNESOTA JANUARY 8, 1980 DEPARTMENT OF PLANNING AND ECONO��IC DEYELOPi4'IENT • � � OF THE CITY OF SfIINT PAUL, MINNESOTA ' This Policy Statement Supersedes and replaces the General Policy Statement Pedestrian Concourse System Downtown Urban Rene�.-al Project h'iinn. R-20 � Ad�pted by the �� Housir,g and RedeveJopment Authority of the City Of S31TIL Paul, :linnesota T . � � - . . � ��-�� A. PURPLSE A(�D GENERAL DESCRIPT10n' � Beginnirg v.�ith the Downtown Urban Renewal Project Area---!�1inn. R-20, the Housing and C: kedevelopment Authority of the City of Saint Paul has c+eveloped a skyway system in �4' ^' downtown Saint Paul. � � � `"`� � As used herein, the term "skyway system" is inclusive and encompasses the following: ll) concourse corridors, (2) node points in the concourse corridors, including, where feasible, one major node central to each block, generally at the point where several concourse corridors intersect, i3) brides spanning streets, (4) certain vertical access facilities connnecting the concourse corridors to public streets or other public property. The primary pu�rpose of this ' skyway system is to divert pedestrians from the minimal width street levet sidewalks, enabling pedestrian traffic to move in an enclosed environment protected from adverse weather and vehicular traffic. The skyway system has significantly reduced pedestrian-vehicle conflicts at street level, particularly during periods of peak traffic, thereby permitting a smoother flow of vehicular traffic ano greater safety for the pedestrian. - - Another important benefit of the skyway systerri is the oppertunit.y afforded developers __ _. to provide shop and office space ahutting the concourse. In the use o� such shop space, tne �ublic will be unhindered by adverse weather conditians and traffic, thereby promoting the desirability of shopping and doing business in the connected buildings and contributing to the �conomic strength of Downtown Saint Paul. The skyway system, through the efforts of th2 develo�ers, also may contain sculpture, water displays, artwark, and otner �temenu corl�ributing to the aesthetic and cul�ural enrichment of th� citizens of the City, thereby �ecomir�g �•fo��.ts of activity in thb do:vntown area. The general lo�ation of th� skyway • sy-st�rr�, including concourse r_�rridors., nodes, vertica! access facili�ties and bridges 3re " sho��n on thP nttached map. � s ' E. UEVELOPh-IENT PRE�vi15E5 AND CONSIDERAT10N5 Incarporation of the public skyway syst�m into pr'svate deveiopment and huilding ownership , presents some unique implications for both the public, owners, and redevelopers. VG'ith recognition of the public and private interests involved in the skyv,�ay system, certain - premi5es have been established relating to the system, ancJ tnese pr�rnises dre basic to tF�e rebulatio�s and•development criteria established for t�re skyway system �s set forth in succeeuing sections. The follow•ing pcemises apply to the entice skya�ay system, even though portions of the system may be built '�y private building awners or develupers: �� ...� � : � . . - -2- ��= d'�=/�� !. The sk��ay syste�r► will be entirely enclosed and capabte of being h�ated and cooled � to a temperature compacable to that maintained in ofiice and retail areas. The term "enclased" shall mean prutected from the weather, though the area af the sicyway system � need r�ot necessarily be confined by its own walls. The concourse corridars an� bridges C'; � v.�iil be constructed at a standard width a.f 12'0", with a larger area to be develape� ::t . _ � nodal points. Those segrnents passing th:ougn existing improvements to remain witl also � be at a stan�ard width of 12'0", except where in the judgment Qf the City, physicat limitatians � of existing buildin�s, such as column spacing, fixed vertical element locations, window opening, etc., render achievement of a 12'G" width impractical, or would constitute an undue hardship to the ownzr. In such instances, a lesser width may be allowed. 2. The success, that is the dpgree of utilization of the skyway systern, witt be directIy related to the eonvenience and comfort it affords pedestrians in the downtown. 3. Any and all public expenditures for the skyway system must be Iimited only to thosz improvements that are of public benefit: While adjacent buiidings may derive peripherai benefit from a public skyway abutting their properties, no segment oi the skyway system . � o� its facilities that are of primary benefit_to private interes�s can be canstructed w�th _ � � public monies. The City shall reserve to itself the sole and final determination as to what � im�rovements are of public benefit. 4. The sKyway system must have a design identity of its own, distinguishing it from other areas �•ith put�Iic access within buitdi�gs �s an aid to citiaens in finding their way throughout the system. Further, where public funds are expended for the skyway system, it must be passible 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 accessibie, icentifiable and continuous. 5. The skyway system must functionally and visually help to unify the downtown. it s�hould be urban in character and should provide a variety of special experiences; it shauld not . be of monolithic design throughout its length. The skyu�ay s}�stem should possess a variet.y - of floor to ceiling heights and abut spaces of varying design and activities. Ne��ertheless, it must stil! possess enough common elements to provide the di�ectiona! clarity, co;�tinuity ` anc identity required. � . �- �.�-�� C. SKYV�`AY SYSTE�ti�I ELE1�lENTS DEFIhED � � The skyway system consists of five elements: �"? O C�1 1. Concourse Corridors - Concourse corridors will run through a block from building face � to building face connecting to a skyway bridge. The primary public purpose of such concourse � corridors is the accommodation of pedestrian travel from point to point, and as such, a standard width of 12'0" is established for such elements. 2. Nafes - Nodes are the paints of intersection of several cancourse corridars and/or the location of a vertical access facility. At such points, pedestrian traffic is likely to be heavier and moving in varying directions, directional decisions are made, and other � activities may de occurring. Such nodes must clearly possess a design identity and character separating them from abutting private areas, and must be primarily oriented to the public purpose of accommodating pedestrian travel in the skyway system, including orientation, direction cnanges, and congregation or vertical movement to street tevel. The size and configuration of the node will be dependent upon the number af concourse corridars intersecting its location within the downtown and the overall skyway system, and the amount and nature . of anticipated pedestrian activity within the node. The node mdst be large enough to � _. ' accommodate anticipated pedestrian activity and to constit�te a special area of importance a�ithin the overall skyway system. ?herefore, a wider than 12-foot standard concourse area will be required, where possible, at one major node in each block and may be necessary at other nodes. Secondary nodes rnay also occur in�some iristances, especially at points of vertical access to the street. V��here appropriate, su�h areas �hall�also have a width wider than the normal 12 feet appropriate for concourse.corridors. 3. ,Bridges - Bridges generally span streets and sidewalks betwe�n.property Iines and perform essentially the sarne public function as concourse corridors; therefore, the bridges will be built witti a standard clear wiath of 12'0". Also, the City af Saint Paul currently requires � a minirr�um bridge t�eight clearance of 17'4" at the center of the street which it spans. i�ridges may span private property but must connect to an acceptable segment of the.basic �skyway system, giving access to a public street or other p�blic property. Bridges will be of a consistent design throughout the downtown area, consisting basically of exposed steel vierendeel trusses painted deep brown, with terrazzo floors and an egg crate grid luminous ceilinb. � • � ' � I . �=�� ""� ' , - , . _ -4- J (��5-�� . . 4. E��idge S�ipport Strl.�ctures and Services - E3ridge support structures vriti support the brid�es ct ei:her end and will be containeci within the buildings unless it is struc?urally ne�essary to �rovide DClCidC' SU��O:"ts independent of the building. E3ridge services are definEd as those �j electricat ano mechanical systems which provide heating, co�ling and elec.zrical service ,��` to the bri�oe. Also incl�ded is the roof drainage system. _� _ � ' O C''� S. Vertical Access Facilities - Vertical access facilities in the form of either stairs or � esczt�tors provide access to the concourse nodes, corridors, and the bridges from the street. Vertical access between the concourse and street Ievel will be required tnroughout the � skyway system with escalatars being required at the principai points vf access to th° skyway system. Generally, vertical access must be provided at or near each end of the bridges crossing streets and may also be require� at �ther Io�ations within the system. Elevatocs will also be re�uired within each building in the skyway system to provide verticai access for the t�andicapped. . D. COST SHARING AND FUNDInG POLICY I _ The fol�owing.cost sharing and funding polie}� appties to atl skyway system elements (concourse __ -- --___ _-- - corridors, nodes, bridges, bridge support structures and services and vertical access facilities) not unaer a construction contract at ihe tin��e of the adoption of tF�is policy by the City Council, unless otherwise specif ically exempted f rom this policy by the Ci*y Council. Sucf� skyway system elements specifically exempted by the City Council wi!! b� covere� by the CPneral Policy Statement - Pedestrian Concourse System-Downto�vn CJrban Renewa! Proi�ct-i�-linnesota R-20, as adopted by the Housing and Redevelopment f3uthority of the City of Saint Paul, :�iinnr:sota, Revised August, 1972. This cost sharing and f�nding policy is considered to be consistent with St. Paut's adopted Ca�ital Allocation Policies. The skyway system is considered to be a Service System Improvecr.�^.t and any proposai for an addition to the existing skyway system must be based on the merits ot each proposal as to its economic benefit to the City. The sale and finai determination for eacM addition to the existin� skyway system will rest with the City Council. � � . , � . � . -s-. . �=�a�-/�� 1. bridges - The City will pay not more than one-half the total cost of each skyway bridge, including construction costs, architect's f ees and other associated costs. The exact amount will be negotiated between appropriate C:ty staff and benefitting building owners or developers. � The City Council will make the final determination on the exact c�st to be borne by the � City. � . C'� � � 2. Concourse Corridors and hodes - Benefitting building owners or developers will pay all costs for constru�ting, remocieling or reconstructing their buildings to provide acceptable concourse corridors and nodes through their buildings. , 3 Bridge Support Structures and Services - The developer or building owner at eaCh end of the bridge will be responsible and will pay all costs for the provision of structural supports witnin the building, which are necessary to accommodate the hridge. The City wiil not be financially responsible for such increased structure to support the bridge, nor will the , City build independent supports for the bridge at either end at its expense. With re5pect to bridge services, the building owner or developer will design and connect the mechanical and electrica! systems of its buildings to the bridges and supply to the bridge -- facilities the necessary heat, cooled air; and electrical power from the mechanica! and elecuical systems of its buildings, unless the building owner or developer is advised by the City that, for a specific bridge, a previously constructed building'already contains such facilities. VVhere a bridge connects the improvements of one deveioper or building ownec �with that of another de�reloper or building owner, each party so connected shall be responsible fcr ag�?�ing as to how they will share the �os� Qf providing the required methanica! and elec:r�ca! services to the bridge. Such a cost-sharin� agreement must b� reached by the a�fecte� parties and submitted to th� City for its approva! prior to the st�rt of bridge construction. . For briGges�in nev.- builaings for which the location is determined at the time of working . drawing preparation, the developer's wocking drawing and specification will include me�hanical and electrical equipment design, location and connectians to supply necessary services to the briages. For bridges where precise location is not yet deter-mined at the tirr�e of wocking � drawing completion on the building, the developec must agree to retain the servrce of.i.ts architect, at the time such bridge location is determined, to provide ne�essary ae5ign services � as stateo above. . . �� _ ,..__.�.. _ ___..._.,_,�__.__.._�.._� . -. .--.,.,.._.-�...�. ....,., .�...�.,,,.�.._..�,.. ��4� . � ' - .. , - , ,, -6- @��S-/�� . . � : Th�• buildi�g a«�ner or developer must agree to retain the services of its architect to provide info:iTl3t101� drawinbs, documents, and to spen� the time necessary with the City`s architeci in or�e� to coordinate th° provision of inechanical and electrical facilities to ihe bridge �,�,,, and to resolve aIl structural, aesthetic and related matters relative to bridge connections. ` : e'S C� � All such design, consultatio�� and coordination will be accompiished in a timety manner � so as to permit construction of the bridge as soon as the two buildings to which the bridoz C� connects are capable of receiving the 5ridge, 4. �'erticaI f�ccess Facilities - Vertical a�cess facilities will be ir�stalled by the beneiitting buildin� owner or developer at no cost to the City. Existing vertical aceess facitities wili be used wherever possible. The City Council may, at its soIe and final determinatior�, require the installatio� of escalators or elevators as part of the skyway system. The benzfitting building owner or developer will pay the costs of such vertical �ccess facilities. S. Directional Si�ns - The City will pay for the manufacture of aii ili_uminated directional sion boxes and faces within buildings. The benefi_tting building owner or developer wi41 =- - pay all costs far supports, electrical service, installation, eperatian, maintenance, repair and rep;acement of such signs. Such dicectional signs shal! be installed by th� buildin� awner or d�veloper pcior to the opening of the skyway bri�ge, or hridges, f or public use. 6. Hardship Determinations - If a be�efitting building ownei can show to the satisfaction of the City that the costs noted above constitute an econamic and fin�ncial hardship, the City may consider financial assistance to any building owner (other than a devetoper) in � a� amo�nt not to exceed the market value of the square footage of that part of the buiiding ' � which is required for second-level skyway easement purp�ses. Develo�ers sha!! not be etigible for such hardship determination. As used in this section, d°veloper shaI! mean that person, par�nerst�ip, joint venture, or corporation wha is constructing a building or building addition to �+hich a sky�vaf bridge will be connected. In cases where the modification of inechanical and electriccai equipment in a building pr.oves � Eccnomically infeasible, the City will consider providing the necessary mech3nica! and electrical equiprnent as part of the sk}'way bridge. The City will ma�e the final determination as t� ��het�er modificatios� of inechanical and electrical equipment is, in fact, econornicall}� ir:easi�le. The City Council v.�ill make the final determination on ait such hardship cases. � � � - -�_ ��s-�� . �. E. RE UIRER4ENT5 FOR EXPEhUITURE 4F CITY FUNDS IN HARDSHIP CASES 1. Cost Estimates and Reimbursements - As requirements to the expenditure of City monies for skyway system construction where the City determines there is a hardship `v to the building owner, preliminary plans and cost estimates therefor will be submitted � • C'°; � for appraval by the City. In no event shall the City provide monies under the provisions � of this document for improvements which are not clearly identifiable as part of the skyway r j system. The cost estimates provided by the owner will include the estimated square foot cost of all finishes integral to the area of the skyway system as set forth in Section F. Such cost information shall included estimated costs for approved vertical access facilities to be provided by the owner. If the building owner undertakes to have any of the above ' improvements done by a contractor othe� than the contractor being retiained by the City to do the bridge constructian, the City will reimburse the building owner only for actual costs incurred. Such costs must be proven to the satisfaction of the City. _ 2. Submission of Plans - Plans shall be submitted by the buitding owner for approval by the City, indicating all materials and finishes used in the skyway system and the architectural � manner in which the skyway system is separated from abuttiag pri�ate building areas ~ where the concourse occurs within the owner's ouilding. The City will make certain additions ta such drawings, including signs and other graphics, furniture, and other elements consistent with achieving identity and design continuity for each segment of the skyway system. F. DESIGN AND R"�ATERIALS RE�UIREh1ENTS AND STANDARDS In order to achieve tne design identity, continuity, and ease of orientation rrecessary if the skyway system is to function effectively, the City has established certain design and materials requirements for the skyway system. The design of the skyway system within each block shall aahere to these requirements. With the exception of the design and constructivn , of directional signs as noted in Section D.S., the developer or building owner shall be responsible f or all costs of design, construction, installation, maintenance, replacement and repair - of all items enumerated in this section. , � �S. � �:`�� -°� . _- . , -. , -s- ��s-�� - , • . . !. Sk��waZSvs�em S�mbo! - A graphic symboi has been deveIop�d for the s;cyway system. Suc� symbol shal! be used to indicate the location of the skyw�y system k�ithin the building in a manner approved by the City. No other use of the symbol wi�! be pe,-mitted. ,� 2. Skyway System Graphics - Graphics will play a vi.al role in orient�tien in the skyway . C:` system, and through consistency of design and placement, will also ccnstitute a vital element� � � in achieving skyway system identity. The City v,�il1 be responsible for the design and Ioc�tion � of all skyway system gr�phics; the types of graphics and general location criteria are as � follows: (a) Directional Signs�- Directional signs are the Iargest and most conspicuous signs in the sk}�way system. They are used to give directions to streets and to majoc buiidings � in the skyway system. All dicectional signs will be attached to concourse ceilings � (or suspended f rom the ceilings, depending on ceiling height), wilt be perpendicular to the axis of the concaurse area in which they are located and will be the oniy sueh sign5 to be mounted in this manner. The most important of such signs witi be illuminated. The buildino owner will provide: 1� support for the dir�ctional signs above the ceiling; 2) electrical services to the signs; 3) the pendants which connect the signs to the struc�ure _ __ _ _, _ above the ceiling. Th° City has developed standard designs for th° directiorial signs - and will advise the developer or bui}ding owner of the sp�cific locatio�► of the penddnts and signs. (b; (��aps and Route Directories - Wall-mounted or free standing maps and route directions of the skyway system wilt be placed in prcminent 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 quickIy at a desired location. . 3. Skyway Equipment - To achieve prominence and identity fo: inajor node areas, the building owner, witn the approval of the City, is encouraged to provide skyv��ay equipment in and near the node areas. Such equipment may include sculptures, decorative fuuntains, pu5lic telephones, public toilets, drinking fountains, kiosks for ciisplay of ma:erial of public interest,. bencnes, trash receptacles, pl�nter boxes and other equipment as approved by ihe City. Tne loc3tion of such equipmeflt in or near node areas v,•ill be determ:ned jointly by the City and the buiiding owner or developer, based on analysis of ex�ected traffic patterns w�ithin the node �nd to adjacent private areas. The City and tne buila:ng o�•ner or de�elc�er wilI jointly �ppro��e the d::sion of all s.uch eleme�ts to he placed within the sl<y��ay system. � . . 1 �� -s- � �S i�� . ., . . . ` � • 4. Sk�-�vav Floor �'1laterials - ,Ail skyway bridges will contain terrazzo floors of a brown and grey chip in a dark matrix (Vznice r�rt tiiarble �'-1036, or equivalent), herein 'referred to as "skyw•ay terrazzo." The City will require the use of skyway terrazzo in alI or a major portion of the node to be devetoped central to each block of the sk��way sysiein. Such use of a constant material to each bridge and central node wilt establish a repetitive rhythrn of spaces that will aid in achieving identity and continuity for the skyway system. In concourse corridors running between bridges and nodes, other fiaor mat�riais may be used, though a consistency of floor material for concourse corridors must be maintained throughout each building. Skyway terrazzo and the concourse corridor fl�or material may not be used, unless changed in color tone or texture in private non-skyway building areas in proximity � to the skyway system where such use would tend to obscure the identification of skyway � materials with concourse areas. If the building owner chooses to use carpet or other non- C'� • + � permanent flooring material for concourse corridors, the building owner must agree to ;,� replace such carpet with new carpet or other material matching as closeIy as possible the original in color and texture at such intervals as may be determined by the City. " 5. Concourse Ceilings and Lighting - Concourse ceilings shatl be of the same materials throughout any one building. �tilinimum ceiling height shall be 8'0", and no signs or other graphics other than as specified above shall be fastened to,.or suspended from, the �eiling. _ -- ---- Lighting fixtures shall be recessed or attached in immediate proximity to the ceiling; hanging— - or pendant fixtures wili not be permitted. Luminous ceilings are permitted, Artificial lighting intensity shall be a minimum of 30 f.c. at every point alang the floor. The artific:al lighting shall be supplied with electricity in su�h manner that the interruption of service in any circuit inside the building will not result in total interruption of the required lighting. �'nere adjacenz private building areas are open to the �oncourse, a differentiation in ceiling treatment, height, light level, and/or light color shall be achieved. At nodes and at other locations where ceiling-mounted directional signs are to be located, additional lighting . � and/or outlets shall be provided to accent st�ch graphic materiaL 6. Skyway System ��'alls - V��here the skyway system is defined by walls or partitions separating � the concourse f rom adjacent private building areas, sucn wails may be of a design and � function consistent with the use and architectural design of such private building areas. Exceptions will be required at wall areas where graphic panels, rnaps, route directories, or other skyway-related graphic material is to be located. Skyway system walls shall be of aurable, easily �maintainable, finished materials. Where shop signs, department identification _ signs, oc other permanent graphics not related to skyway graphics as specified above are required, they shall be located on and/or parallel to concourse wal:s at a height between 7'G" above the fl�or, except signs painted on shop windows may occur at otnec.heights • . � . . . 7 � C:%.:� .��». . ,..� . , . ' . -.l�- �� . _ . . (�_�� f i • _. � consistent �.ith good desi�,n practices. h'o signs, except as s�ecified fcr s�cyv,�ay related graphics, n�ay project f rurn concourse walls into the concourse easernent. 7. Sh�-��ay Co.lo:s - Skyway-related signs and ott;er graphics �ti�ill em�loy a specific c�lor s��eme thro�gt�out the skyway system as developed by the City. Non-skyway reiated 5i�ns - and graphics in proximity to th� conco�rse or nede area utilizing the same color schecn� (1� as skyway-retated graphics will not be permit�ed. C"; , � - � G. EASEI�4En'T REQUIREMENTS �' . :� - In order to assure puhlic return for the pub.►ic investrnen� made in development of th� skyway systern in the downtown, all areas of the skyway system must be l�cated either on p��blic property or within public easement granted witnout consideration by the developer _ or building ownzr. Such easem�nts shal! 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 f�cilities to a p�;51ic sidewaik or other pu�lic pro��cty, giving acces� to a pubii.r sidewalk. Such easements shall be reauired for both thcse s4cyway system elPments for which the City is responsible and those_elements constitutin� a link = in �he basic systern for which private parties may be r;:sp�,�sible. The easements will be in form satisfactory�to the City and will be limited to the life of the irrtproveme�ts constituting the skyway system. The easemen:s wilt grant to tF�e public the right of use of the skyway system for purposes of ingress and 'egress and pedestrian transit without limitation, except that such easemen�s may attach reasonable conditions regarding clos�no parts or a!1 of the skyway system within the developer's or ownQ�'s struct�ral improvements durin� non- business hours as dictated by reasonable s�curity requirements of the buildings through which the concourse passes. � . Subject to the following conditions, the cieveloper or building owner shalt have the�right _ at any tirne to cnange the locations of such easements and the easen�ents shali so provide, on th� cor�dition that new easements are granted which permit ihe continuity of the skyway s��steni, and the developer or ow�nr installs a new pedestrian concourse on the new easement aCE3 2t tfle developer's or owner's sole cost and expense. _ . �� ` ' -11_ .. J : . ��s�� . � . s . . ,,, . In the event the developer or owner elects to substitute a new easerne�t location, it wiIl submit to the City the description thereof, the plans and specifications iherefor, and proof of a�iiity to pay and method of payment therefore for the ap�roval of the City, which approval shali not be unreasonably withheld. The City shall have 90 days after the submission in which to approve or reject the submission. tf the City rejects the submission, it must do � so in writing within the 90-day period and, in such w•riting set forth in detail, the valid reasons for such rejection. �n tne event the City .fails ;o reject the su�mission within said 9a-day period, the City's consent shall be conclusively presumed. The City shall not be required to approve any cnange in easement location unless the easement to be submitted therefor � contains at least the same area ano dimensions of the existing easement; and the improvements , � the:eon are of the same character, quality and functiona! characteristics of the initiat concourse, C� � including replacement of signs, graphics and furniture provided in the original skyway system. � When the City approves the substitution as aforesaid, the p�rties shal! then join in the execution. and delivery of an amendatory agreement in recordable form which designates the substitute , location and terminates the easement over the old location effective upon completion of the construction of the new concourse and skyway system. _ ____- _. _ " � H. OPERATION AND Af►AInTENAnCE REQUIREh1ENTS °_-' -- -� -- - o _ _ The skyway system, including all future additions, is located on pu6lic property or within public easements. As such, the City has a proprietary obligation for operation, maintenance, repair and replacement of the skyway system. Neverthetess, the City will require, as part of the easern�nt agreement, tt�at th� develop�r or buil�iing owner assume the full responsi- biEi±y fQr the operation, maintenance, repair a�d replacement for all�segments of the skyway syst�:�n loc�ted .vithin its prop�rty, for bri�Jges ovPr streets anuttin� its property, and carry � out such operation, maint�nance, repair �nd replacement �t its own expense without cost to th� City. In the event that the develop�r or buitding owner fails to operate, maintain, . repair or �eplace the concourse system, or any part tnereof, to a reesonable standacd, the City may perform such operations and assess all cosis in�urred in so doing against the developer or building owner in accord with the normal proceduces for assessments related to sidewalk maintenance, repair and replacement in the City of Saint Paul. � , . Where skyway bridges connect the praperty of one developer or owr►er with that of another, the develupers or�awners may share equally, or on whatever other basis is rr�utually agreeable to both, the bridge operation, maintenance, repair and replacement costs. Such agreement r,►ust De submitted to the City for approval prior to commencement of bridge construction. • v! END Q r � �' ` .� � , �' � r:. 5-j ;, r-� . +� „ ti . c% � ` � l i .� - � - � i � � . . '� � , �a�- . ' � i ` . . �: i- . �� - "' ' t� .� . � � � , . .. ; ` o � c � �� : � .. �-' - i � w ; 4 �' ��_: � - �° w g ,3 , � , S, i} � `�, . t � � \�� `� �� , c�. � � �,. ��; _. � __ + .-1.�'` i —� � �. ..� 1 � _ .'. -- __...,.�..._.._,......._...........,a r-, ;1