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85-1687 WHITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAUL Council CANARV - DEPARTMENT Flle NO. �� /�� BLUE - MAVOR City Attny/PBB , u cil Resolution , , Presented By Referre o 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 Se�temher 10 , 1985 , between the City of Saint Paul and the Railroader Printing House, 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 : The southeasterly 100 feet of Lots 4 and 5 , Block 7 , 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 _� [n Favor Nicosia Scheibel $onnen Against BY Tedesco Wilson Adopted by Council: Date DEC 2 � 1985 Form App oved by Cit Att rney Certified Pas y ouncil S etar BY �� By _� �`� A►pprov y 17avor: Date � DEC 2 i �� Approved by Mayor for Submission to Council By By pU8L1St�ED J A N 4 1986 � ' � . , , . , � �� ,�� .,,� - C'� � � � C� � t°) � � STATE OF MINNESOTA ) County of Ramsey ) ss. CTTY OF SAINT PAUL ) Albert B. Olson I, . . . . . . . . . . � . . . . . . . . . . . . . .City Clerk of the City of Saint Paul, riinnesuta, do hereby certify that I have 85-1687 c��pared the attached copy of Council Fi1e �10. . . . . . . . . . . . . . . . . . . . as adoptc�d by tre City Council. . , December 24,. . . . ^ . _ . . , , .19 85. . . . and approved by the Mayo-r. . . . . . . , December 27,. . . . . . . . . . � . ig 85. . . . with the original thereof on flie in my offi.ce. I further ce.rtify that said copy is a trua and correct capy of said �riginal and the whole thzzeo.f. � WIZNESS my hand and the seal of thc� City of Sair;t FauZ, riinnesota this . , , ,17th . , . . _ . �ay of . . . , January . . . . _ .A.D. 19 86 . . . . . . .��:::". . .'�. . �:. . . .�-�:';;:;�.',��. . .. City Clerk. � , �v`^'y��,`"�, �'r+.' - r� ,�y�n .crrau,+c, l.' . `��t ��Pt { � ��1 r.G r p� � �;dn.� �:� _ ��,,,,,, <+ � �'; M r -��r/ � � .�+�wS'� � � � . a �r� r �j 1 � .- f Y.lv :. n�� v.- �� ; �°ti l� ��p�5��£'f.,t ? i . . x �n ; t¢''i� Y � � �_,,;_yk�f!}��a��9 t'r(;t , C \�. :�.[, � r�� .�._'. �� }..� ' � K.i - . ...� F� �` . . 1�i_iv�41 �ltJii JL{Y..t+�ir7.?i...�Fl�(l ..�.W // n�r �r r WHITE - CITV CIERK . � . - PINK •+ F�NAN�E �GITY OF` .S�AINT PALTL Council � . CANARV - O£PARTMENT � X�/ � BLUE ' - Ml+�VOR FIIe . NO. �� /�V � City Attny/PBB , u cil Resolution , , Presented By Referre o 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 g � , 1985 , between the City of Saint Paul and the Rai roa er Printing House, � attached hereto, which agreement contains covenants and obligations C: relating to the skyway bridge and pedestrian concourses which �'? touch and concern the following described property in the City of � Saint Paul: , �� The southeasterly 100 feet of Lots 4 and 5, � Block 7 , 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 Kequested by Department of: Yeas Nays Drew � Masanz in Favor Nicosia Scheibel Sonnen � A gainst BY Tedeseo W ilson Adopted by Council: Date Q�� 2 % ��$� Form Ap oved by Cit Att ney Certified Pas by ouncil S eta By Z.- �� g5. ��G�1 l // �-.,. --�—r� – r�pprov y Mavor: Date � ��' 2 � �� Approved by Mayor for Submission to Council By �� ' � B y P�1i�L�,�ii:i.� J t-1�`•I � �986 Z �i i r c:�.tKK _ __ _ CITY OF ST. PAUL : .�. F=rY 24� , 19 86 386 i:ITY HALL _ ' . � /� � Number Instrument Descri tion - Fees . . Reso. 85-�687 Skyway Agreement - Railroader Printing House. ` . _ .T. _.._. 1 . � Contact .Person _ Trudy � RAMSEY COUNTY RECORDER Phone Number 298-4231 By ��-_- -- , � Albert .B. Olson � I, . .. . . . . . . . . .. . .. . .. . .. . . .City Clerk of the . 1f, o City of Saint Paul, Minnes�ta, do hereby certify that I have ,l�'� a 85-1687 � � c�mpared the attached copy of Council File �To.. . . . .. . . . ...... .... � as adopted bq the City Council. . , December-24, 19 85.. . . -- - and approved by the Mayor. . . . . .. , December 27.. . . . . ... . . ..lg 85 . . . with the original thereof on file in my office. � � r�'� � I further certify that said copy is a true and correct copy ��J � of said original and the whole thereof. " t WITNESS my hand and the seal of the City of Saint Paul, � � � J �, Minnesota this 17th da of . January 86 � �� . . . . . . . . . . y .. . . . . .. .. ..A.D. 19... . N �� _ .. . . . .��c��. .: .��. :. . C�.�.�.��-'�-�. .. .. . City Clerk. � W !'� C7 � O � CO �-�+ r-r 0 � O al --1 '--� � c-t Z -G -< � n �/„� � ��—+ p C7 z �-* �,�,1 � � �`�' m � v W � x -N-� � � `� W ,�. .� o r , rn � c . � r m 0 , -' ' ►-. '�...s�`' � � N 1.T1 c+ � ��1' �, C N � � w Qp N N � � c-F � �Yt � Q1 (D � � n � J. � � � ��...yyy J. � � � � / \ � � � I rn O � ` � � � � G o � o a z � N -G 1'S �J 'P � ro � m "'� n r• � �_ rt o , �.. � �. 0 � `�a • � � � � � � � � � � ;_, � � . �� `� .� , .� f',5�/( �J' c�'� r: � � . . c`'� . � AGREEMENT REGARDING � CONSTRUCTION, MAINTENANCE AND �PERATION `� OF A SKYWAY BRIDGE OVER WACOUTA STREET � AND ASSOCIATED PEDESTRIAN CO,tiCOURSES . y . ' � ' � . By and Between � � � - RAILROADER PRINTING HOUSE and . . , THE CITY OF SAINT PAUL . � _ � '�3'8� l48S � � � .. � , � � �r`�.�-il��? � CONTENTS OF AGREEMENT C�'; . . �? . . C"'� O � -foaic Pa�e Briage Construction and Cost Responsibilities � - 1. Design, Construction, Payment 2 2. Support Structure Within Buildings 3 3. Bridge HVAC, Lighting, Drainage Systems 3 .�edestrian Concourse Construction and Costs 4. Concourse Access. '� - � 3 + 5. � Concourse Construction 3 - Easements, Hours . . � � , � � � 6. Grant of Easement�and Hours ' � � 3 7. Easement Description . 4 � 8. Width of Easement . 4 9. Easement Survey 4 10. Easements Public and Subject to Law 4 11. Waiv�r of Share in Damages � 12. Ownership of Bridge , .- _.:_--_ - 4 Operation, Maintenance and Repair 13. City Transfer of Plans, Drawings, Etc. 5 14. Scope of Maintenance; Approval of Modifications � S 15. Maintenance of Concourses; Carpet 5 16. Failure to Maintain; Remedies � . 6 17. Advertising; Signage : 6 ; . Surety Bonds, Insurance 18. $100,000.00 Surety Bond; Contractor's Insurance 6 19. Concourse Hazard, Liability Insurance 7 20. Amount of Insurance � ` 7 Directional Signs • 21. Approval, Cost of Signs 7 � .� � � � : �_ �s-�� Page To ic $inding Obligations g 22, Subject to City Codes g _ . � 23, Successors and Assigns Bound 8 8 t`'': 24. Agreement Survives Conveyance, Is Not Merge 9 d 25, Owners Retain Property Rights; Obligations Conveyed . � 26, Effective Date of Obligations - S�Y�"'aY • 9 O27, Effective Date of Obligations - Concourses . 9 � 28. Notices - Address • Savings Clause . ' � - - • 10 29, Skyway Policy Pertinent � � � Exhibits • � p�. Easements � : . g. Easement Form . � al Polic Statement foc the Construction of the Sasnt Paul Skvwa S�R? C, Gener _Y_____---—— . � adopted 3anuacy 8, 1980 � . . . . � � � �� - �-� SKYWAY AGREEMENT C"� . . � /98s . �'"� L_�da of S PTF�BER. ! '�`� .� � :�` THIS AGREEMEN7 is made and entered into this o orat on, her�er referred � a municipal c p � by and between the CITY OF SAINT PAUL, a Minnesota corporation, - to as the "City"; a�d the RAILROADER PRINTING HOUSE, hereinafter referred to as."Railroader". � WITNESSETH: ' " . � • a throu h the Downtown Urban Renewal Pro)ect, 1XrHEREAS, the City and the HRA, g � _ ' Minn. R-��, unde rtook to develop a pedestrian skyway system within the Downtown Centra Business District, hereinafter referred to as the "Systern"; �d � WHEREAS, the City pursuan t to Chapter 764, Laws of Minnesota 1973, is authorized te ope�ate the System; �d � wa brid e_to be constructed over Sibley Street � W�-IEREAS, the HRA has caused a sky Y g �__ _ between Sixth and Seven th Streets, and the City is desirous of contracting for the construction_ • over Wacouta Street between Sixth and Seventh Streets so as to connect of a skyway bridge the buildings affected with the System; and � owner of southeasterly 100 feet of Lots � and 5, Block 7, WHEREAS, Railroader is the rovements Whitney and Sm ith's Addition, and the.improvements and buildings the;ean�said imp and 5u:ldings to be hereinafter referred to as the "Railroader Building , . rties InE., a Delaware corporation, hereinafter referred WHEREAS, Control Data Prope � r� 7, 8 and 9, and parts of Lots 5 and 6, a!1 in Block 6, to as "CD", is the owner of Lots 3, , which �- e and Smith's Addition to Saint Paul, and certain improvea ednts thereon, Whi�n y improvements are hereinafter referred to as the CD Building , r a rees to the construction of a skyway pedestrian 5ridge across V�'HEREAS, Railroade g outa Street f rom the Railroader Building to the CD Building; and W ac . ties hereto believe it to be desirable that the System be ext�en�dad v�'HEREAS, the par �,,�a brid e across w ac b ublic easement thro�gh the Railroadec Building to in enti n t so exter+d tl� SYstem; y p and declare their Street and to the abutting buildings, � � . • . . �.�_ �,s-i��'� �'HEREAS, the said extension of the System necessitates pedestrian ingress, egress and transi: through certain portions of the Railroader Building; and � WHEREAS, all parties hereto are desirous of the construction of the skyway bridge C": 1 �, over Wacouta Street; and _ �`,? � � � WHEREAS, substantial public monies will be expended for the des.ign and construction of said skyway bridge over Wacouta Street; and ' WHEREAS, a benefit will inure to the respective proper�y owners by virtue of being � linked to the System, and �urther 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 COST RESPONSIBILITIES l. � Design, Construction, Payment. The City ag�ees to design and cause to be con- structed a skyway bridge connecting the CD Building with the Railroader Building, in accordance � , . with City approved plans and specifications prepared by Hammel, Green and Abrahamson. 7he City will also design and construct the mechanical, electrical and drainage systems, installations and connections which are shown. in the approved plans and specifications to be part of the construction contract. Railroader shall not be obligated to pay for any portion of such work. City will include a provision in its contract for the construction of the skyway bridge, whereby the contractor consents to the assignment of warranties to Raiiraader and CD, and the City, upon request, shall assign suc-b warranties to Raiiroader and CD upon ap�raved contract completion without relinquishing its own rights under such warranties; and, if necessary, will cooperate in any prosecution of lawful and proper claims such ownecs may later assert against the contractor(s) or others arising f rom faulty design or construction of the skyway bridge. City agrees to assign to Railroader and CD, upon request, ali warranties on machinery and equipment, if any, installed in connection ��ith the bridge construction, without relinquishing its own rights under such warranties; and, ;f necessary, wili cooperate and assist in any p:osecution of lawful and proper claims which may later 5e asserted against the vendors or others arising from faulty design or manufacture of such machinery and equipment. � � � . ` � (;f-'�5 '�� .. 2. Supoort Structure Within Buildin�s. The City shall be respar:sible for and provide az its ccst all necessary support structures within the Railroader Building for accommodation �� the bridge. 3. Bridge HVAC, Lightin�, Draina�e Systems. Said skyway bridge shall include � - � �he necessary mechanical and electrical equipment for heating, ventil�ting and air conditioning „'� {"HVAC"), lighting and roof drainage. The mechanical, electrical and roof drainage systems � of the bridge shall be tied into the respective systems of the Control�Data Building, which �� systems shall be of sufficient capacity to serve the bridge. 'The said sk�way bridge shall � also include finishing at skyway bridge�ends, a linear metal ceiling, ter*azzo floors, triple - insulated gtass to the extent glass is used to enclose said skyway bridge, and aluminum and - � glass doors at both ends of the bridge. P�DESTRIAN CONCOURSE CONSTRUCTION AND COSTS ' 4. Concourse Access. The City shall, at its expense, construct and be cesponsible for the pedestrian concourses at the second level of the Railroader B�:.ilding, in accordance w'rth this Agreement and the General Policy Statement for the C-'onstr�ction of the Saint -- - Paul SkYwaY System, adopted January 8, I980. The location and phys��al dimensions of •pedestrian concourses shall be as described and shown on Exhibit A ��tache� hereto. . 5. Concourse Constructian. AIl costs and expense in conneczian with the construction and extension of the pedestrian concourse f rom and within the Railraaxier Building to the bridge over Wacouta Street, and access thereto, shall be borne by the Caty. EASEMENTS AND HOURS 6. Grant of Easement and Hours. Railraader hereby agrees t� grant to the City a pu�lic easement for the pedestrian skyway system through the Railr�ader Building in accordance with Exhibit A attached hereto. Said easements to be gr�ted by the Railroader shall be in the form attached hereto as Exhibit B and shail grant to t:^re pu5lic the right of use of said pedestrian concourse system through the Railroader 6u�ding for purposes of pedestrian ingress, egress, and transit, except for such reasonabte �lice meas��es regarding open hours and closing all or part of the concourse through their proo�rty as the City may, by ordinance, f rom time to time determine, or regarding public condc�c-t therein as may be prohibi:ed by skyway ordinance, as it may be amended from time zm time. I*_ is agreed by all parties that the skyway bridge herein and the new pedestrian co�courses provided ,�/ U � � � �= �s-�� for in the Railroader 3uilding shall be open for public ingress , egress and transit frem 7 :D0 A.h1. to 5:00 P.M. , five days a ��reek and closed on Saturdays and Sundays. These hours are subject to revision by mutual agreer�ent and subject to the general po4rer of the City to prescribe Syste:n hours by ordinanc�. � 7. Easement Descri tion. The new public easement through �he Railroader Building .,,,. - . . � shalt be in accordance with Exhibit A herein and shall commence at the easterly property � line of the Railroader Building where the skyway bridge over Wacou�a Street will cross � the p;operty line to connect to the Railroade: Buile�ing and shall extend in a westerly direction through the Railcoader Building to the pedestrian concourse in the abutting Buildin.g. 8. Width of Easernent. The public easements provic�ed for herein sha!! be continuously at Yeast�12 feet in width, except at nodes, if any, where it may be larger; or where stairways or the structUral design of the building is such that a width of 12 feet is impossible. • �9. Easemenf Survey. The easement areas shall be more particuiarly described, by a cegistered land surveyor following completed construction of the pubYic concaurse/access areas. ' _ 10. Easements Public and Subject to Law. Railroader agrees that thepedestrian . concourse within the easements herein described shall be designated as public easements �nd that all ordinances of the City which by force oi law are applicable to the System shatl � govern. _ 11. u'aiver of Share in Dama�es. The City hereby waives any right it may have to s7are in an award of damages in the event that a public body acquires a!1 or any part of the aforesaid Railroadec Building by condemnation ar uncier the threat of condemnation. Said waivee �p�lies to the easements througf► the properties but not to the skyway bridge or its end ?OCt10t15. . !2. Ownership of Bricge. It is agreed by a:�d between �he parties hereto that the sky�.�ay bridge between buildings shall at all times be owned by the City, and said skyway bridge shall not constitute property leased, loaned or otherwise made available to second parties, or any one o: them (within the meaning of Chapter 272.OI(2) of �ti,innesota Statu;es), it being unders�ood that said skyway bridge is intended to benefit the pu5lic genera!!y. � � _ 4 _ . � Or�citATION. �1A1tiTENANCE AND REPAIR _ � �� _/�� 13. City Transfer of Plans, Drawings. Etc. City shall transfer co Railroader and CJ copies of all plans, specifications, drawings, operating manuals, written warranties, �etc., required, and any other documents necessary to or useful in the maintenance, re�air and operation of the structure and the electrical, drainage and H�'AC facilities in a�d serving � the skyway bridge. � � � 14. Scope of Maintenance; ApProval of Modifications. Railroader further agrees ,i� that it is separately and jaintly obligated, with CD, to provide �he necessary repair, maintenance � 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 CD is simiiarly � • obligated by a written Skyway Agreement with the City. Railroader shal! enter into a separate , written agreement with CD for sharing the maintenance, operation and repair costs of the . skyway bridge, and other terms as may be agreeable to them. Such maintenance shatl be to a reasonable standard of safety and cieanliness and shall include, but not be limited to, glass, fioor, hardware and metal trim cleaning, potishing, repair and replacement; roof main- tenance; repainting; light bulb replacement and light fixture cieaning. Except for ro�tine rerai►s and replacement or when an emergency situation requires rapid action, City shall be `urnished with plans and specifications for all additions, alte�a�ions or repairs and replacements to the skyway bridge, which plans and specifications shall be subject tp their r�asonable and timely approva! or disapproval before commen�ement of-the work contemplated tnerein. Lack of action on the part of the City to approve or disapprove within 14 calendar days shall be deemed approval. . 15. Maintenance of Concourses; Carpet. Railroader hereby agrees to provide at its sole expense all repairs and maintenance to maintain the pedeszrian concourse in or o� tne Railroader fiuilding.to a reasonable standard of safety and cleanliness and to provide o�e:ating costs for said pedestrian concourse. Ex�ept for routi�e repairs and reptacement or when an emergency situation requires rapid action, City shall 5e furnished with ptans a.nd specifications for all additions, alterations, or repairs and replacements to the pedestrian concourse, which plans and specifications shall be subject to their :easonable 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 app�oval. If Railroader uses or installs carpet or other ron-permanent flooring rn�terial for concourse corridors, it shall replace such carpet with new cacpet or other materiat matching as ciosely as possible the original in quality at such in;ervals as may be determined jointly by the City and Railroader, such new carpet or other material to be submitted to City for its review and approval, which approval shall not be unreasonably withheld. �U _ . - - � ��/ln�7 c'� . C': uately maintain, , � CD f ail to adeq � If Railroader and �oncourse areas � aintain• Remedie5. ecti�e pedestrian 4� 16. Failure to � Wa bridge and their resp 5 after receipt C� within 3� calendar daY undertake T`��r and operate the said sky Y and cleanliness the City may be taken, e City specifying the actions to tasks, and the cost incurred t� a reasonable standard h safetY ecating of written demand from t re air and oP _ and necessarY maintenance, p ion shall be assessed to and shall be i at �� reasonable re asr and opera rovided, however, aintenance, P licable; p anner Qcovided �� City for said �'�+ CD or their sureties as aPp rovement in the m {orthwith by Railroader z�d �osts as a local imp notice which Qrompts the 30-day retains the right to assess such if the condition eriod �he City oin � 5 then the 30-day'Q b . laW. N din the foreg g y otwithstan g the condition. be remedied with 30 calendar aY + cannot reasonablY > a be reasonable for cucing by the City the City to such time as m Y shall be exten.ded by which axe sk way bridge �d Pedestrian concourses t�e name � • Si na e. The Y ur ose of advertising 17. Advertisin eC�,ted for the P P reement shall not be oP u� oses other than for or on st��m the subject of this P�g . other comme��lal p P ro ect out fr roduct or business or any na e shall not p roval of City before of any P �oncourse. Such store f ront sig g ironts in the pedestciar► t as subject to the reasonable aPP aintenance of revent the installation and �' �ior to sign con- the wail into the easement arC�tained shall.p itted to City p __ _ _ - �lothing herein � 15 �ampz�able installation. a�� signage shall be subm directional sign5• plans for iven if such sig��g skyWaY �S approval shall be g directional a�d the City 1 similar to skyway the System, if not confusing Y struction and installation,. to that existing elsewhere u� � ractices. . ' ns, and if consistent wi�h good desig P sig Ty BONDS AND INSURP�NCE arately SURE CD and Railroader are sep �00. � ' Contractor's Insurance. , .00 Suret Bond• bond in the amour►t of $1da 18. �,1q0 00� . aintain a surety �onlitioned tha? and shall furnish and m as obligee, obligated to� the City of Saint Paul, enses and liat and jointly a ainst all e�p br idge to and in f avor of �aint� for the said skyWaY 11 indemnify and hO�d harmless the Ci*Y g ents arising out of or connected with the CD sha ui mer. said Railroader and ral parts and related eq P claims, suits a�d )Udgt'�' e lts integ b�ldg ' and conditions eXPr - o n a c c ount of all costs, v a l o f t he sk y�'aY �,i t� a l l t e r ms air and�or {emo complying operatio n, C e P aiiroa de r a n d C D ai r a n d/o r removal o t u o� R o peration and rep and further c o n d i t i oned p ent as to main t e n a n ce, rove d b y t h e City Azto t his A greem as shall be aPP eme�t and containe� i n bond shal l be i n s u c h form � e which surety Ved by the Director of Finance a n d 4 1�1 3 g skyWaY br►dg � • d shall have s�ch surety as s ha l l b e a p p r o an l � _ 6 - . � �5' �toe �. � 3 and provide to Railroade� and . � �� the general contractor aintaining, thro��hO�t � �.� rocure from eReral contractor is R' as set forth `� The City shall p that the g _;�� the City• videncing bridge� such insurance roperty t docume�tation e . : J° �pon request, and erection of the skyway nami�g the abutting P �, e�iod of construction 1, herein, and specif ications} __ t--;A entire p aragraph lans uired by said p o��itions, " ecifications described in P d Section b•� SPecial C :,� �}�e plans and sp Wa bridge as additional insur edalzConditions, an or their sureti�s °� the sky y $ecuon �•, Gen . _ �wners to with or Railroader, uire CO Cp a�,d Railroadec (�r ;�ecificaily in accocdance The City shal� �Ot req , bridge at their expense unless �1� sk �+aY 1 is necessarY t° PCOtect the health: �# the construction �the sald Y e CD Build�g °C to rernQVe s�ch remova either th s�ld �nd� assigns) agree theceto; (2) ersons in are razed �d edestrians, R►otorists or p guilding, o� bOth, -:rheir successocs or ublic, P • o� Railroader , safety and `a1elfare of the peither the CI�guilding Building; or �3) . - ' Railroadec. Ma�ard and not rebuilt. � e. �isurar►�e reQuiced hereunder for azard Liabili lnsuranc for the ped�strian concourse shall 19. Concourse H ated as easements for access and a�eas deslg� Railroader. liability fo� the ed bY . . cost to be assum ob�igated to, be a maintenance . . . and jointly e separately the skyway and Railroaoer � �overage for � Insurance. CD insucance o �omp�Y� � Amount of and casualty a d��y licensed insura�c- 2�• ublic liability W1� the fo1}awin and maintain p �oncourse, �ontaining and shall furnish edestrian Said insuranCe insurance for the p single ��cident; bridge and liability esi nated as an additional insu«d'200,000.00 in any shall be d g Such minimum am°unts erty damage tO the extent °f p�currence. wherein the City for pr�P each of the Council of coverage5= death, $500,000.00 for minimum an e by official action b l�glslation uries, in�luding for p°rsonal inj 60 days notice, to reasonable � g limits are altered Y all- municipal iiability shall be subject, uP°n vent statutory insucance shall have an Paul, in the e The casualty the skyWa� bridge� t�e City of Saint after the date hereof. . cision at any #lme lacement cost of or �udicial de ' Verage in the amount of the full reP }� the City f rom ti� tO time• risk or phYsical loss co as reasonably determined Y L SIGNS be ins� pIRECTIONA other sig�s that may directional or v and Ra�lroader• ThE 21. A roval Cost of Sipns• The location of ointly bY the Cit, e herein shall be determined j ourse eir respective portions of the concoucs�e�ceilir edestrian conc �,S in th • hardware (peRdants, in the p �ost of such sig d mounting shall paY the initial art of the cost of construction of t City �lectrical connections � cost of instaliing� i�+��ding channel, and suPP�rt aboVe ceiling)t shall be considere P _ 7 - /� _ __ __ __. _.�_._.....�___ _�...v,.....P.�,.......�`,.__...�....�__,�_.,r_....�.�_.�...�._.� �_� _ _ . _ _ . �= �s-�� concourse, the liability for the payment of which shall be g overned by paragraphs � and 5 herein st of o erating, maintaining and repairing the directionai signs sr�aedb the said s gns above. The co P �Railroader. If the location of the pedestrian concourse public easement is c��z�o + t'`� shall be moved accordingly, and the cost of moving and reinstalling signs tothe act on of the pa:ty C: unless the chan e has occurred at the request or y � shall be borne by City,,_ g a all such costs. `� u on whose property said signs are located, in which event such party shall p y � P re uires a change in the sign face, the changes shall be made in a n e shail Rsist � If the sign moving q C� . 'th the raphic design system established for skyway signs, and the cost of suc c g wi g be borne as provided in the immediately preceding sentence. BINDING OBLIGATIONS � ' _ . . � ' maintenance, 22. Subject to Citv Codes. The parties agree that in.the�ound b C all City Codes repa.ir and operation of the pedestrian conc o u r s e s, t h e y s h a l l b e Y es overning the System, i n s o f a r a s t h e y are a p plicable by.force of law. and ordinanc g � and Assi ns Bound. The respective rights and obligations of the p vrties 23. Suc�ors forth in this Agreement shall be binding upon and inure to t he ben euch time as a ed t l e . s�t _ ----____ . - parties, their successors and assigns, an d s ha l l con t i nR the manner permitted by law, or System or that part herein is vacated or abandoned i �erminated in accordance with the Grant of Easement. . � � reement shall survive . 24, t��reement Survives Canveyance, Is Not Mer e� for her'e n and shall not be conveyance and delivery of the Grant of Easement provid considered merged therein. 25, Owners �e tain Propert Ri hts• Obli ations Conve ed. Railroader reserves for iue itional ri ht and privilege of selling, conveying and transferring their aeemeng to an the uncond g encumbered or involved rea! estate herein and assigning and transf shi1 s orhotriegrform of vent� ' other corporation, corporations, trust, trusts, individual(s), partner p In the event of transfer of its interest in the property, Railroader may be freed and relieved, from and after the date of such transfer, of all liabiiity as respects the perfocmed•Cerovided tf or obligations on its pact contained in this Agreement thereafter to be per � P Railroad 's successor fully and without limitation assumes in writing all Quties, reapoa hb;o�n and covenants of Railroader under this Agreement. For the PurP�sublessee s and shall inclu " shall in�lude, but not be limited to, lessors, l e s s e e s, s u b l e s s o r s a therefor, Railroader. � � - . �� : . - ,.� � .. : �= �5-�� A 7) calendar daYs after the receipt of Sk wa . Seven � the obligations 26, Effective Date af Obli ations - wa 5ridgc, ection by the City, and its furnishing to Railroa er, 4 16, 17, 18 and 20 herein above, as to said sky Y Wcitten Notice of Final InSP hs 1 , C''� znd duties contained in paragrap . �'= erative. � shall become oP letion of the � i ations - Concourses. Upon subs��ti� �omp Seven � C� 27, Effective Date of Obl Written notice of such completion to Raiiroader. � Cit shall give aragraphs 6, 15, 16, 17, �9 and 2�: pedestrian cancourse, Y ereafter�the obligations and duties cont i�e Ome operative. (7) days th shal herein aboVe, � to said pedestrian concourse, � er shall be considered sufficiently delive arties hereund notice to the p e re aid, as f ollows: + 28. No_ t�- Any . ostag P p ' �f nnailed, by registered or certified mail, p , � . �, a. Ta; City of Saint pa�Director � Donal.d Nygaard, pepaartment of Public Works . � � Sixth Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 . __ __ _ and _a- _ _ —_ _ of Saint Paul� Minnesota HRA/City Executive Director 7ames �• BeTlus, Hali Annex 14th Flooc, City 25 West �innesOta e55102 � � � St. Paul, and � � � •� City of Saint pa�Director Peter G. Hames, �epartmentn fs Cv c� and M�ageme �..�all Room 23�+� City St. Paul, Minnesota 55102 I I�,�f b_ To. � ]ohn T. W ithy House Railroader Printing 231 E. Sixth Street St. Paul, Ulinnesota 55105 si nate a dif f erent address to which notices tc q party may, bY W�ltten notice, de g be directed. J9 n . . . (,F �s- ,�� ,VINGS CLAUS'E olic Statement For The, Construction °Rcluding `' Pertinent. 'rne Ge`��r (not t 29, Skvwa Polic g! 1980, attached hereto as Exhibit C, S stem, adopted January ' • t paul Sk wa �— ' to this Agreemer►t and its terms shall b ent�anYg -Yfie Saln _�- incorporated ln ursuant to this AgTeement. In the ev ��y later amendments) is hereby reeme�t, this o the bridge and concourse areas constructed p as t ement conflicts or is inconsistent with this Ag . provision of the Genecal F'olicy Stat ceement shall supersede it and be controlling• Ag , ' _ C''7 . ,�, k . � � . c"? O - - � ;� � . � . � ' • �n _ � -"-., . -� ; , � �s-�� 7 � � T P AUL - � CITY �F S�'I� . �? ! `� TO FORN1 n� � AppRpvED AS - - C`F By or � • � Its ay - . � gy ir ctot, ep rtm G D�e�opme�t Its nom � Pla ' g and - � � 'gY r partment of Fina��e an� . ts Directo , _ Manageme� ec�ices By Its City Clerk . � lb . . (�a-.-- Y�- �� _ ; �i�1TE OF �2INNESOTA � _ ) SS. _ �.I 5 ` �0;.�;�TY OF RAMSEY � . � �da of , 1.98,� � oin ins�rument was acknowledged NT PAUL, a lmunicipal_corporatio of t�ne 4 The foreg g Mayor of the CITY OF SA 5y :GEORGE LATIM on'behalf of the City of Saint Paul. � . � S�e of Minnesota, C`: , :;«:�•:•• SHANNON M. JOHNSON . d` ... :,;;., ; ..�+y� it � N07ARY PUBUC-MINNESOTA • (� �� RAMSEY COUNT`t � '�..f My Comm�ssion Exp�res June 7.'199t • � �STATE OF MINNESOTA � , ' - ) SS. COUNTY OF RAMSEY � �� I98 S/ was acknowledged before me this �day °f pF SAINT The foregoing instrument of Saint Paul. by JAMES 1. BELLUS, Director of Planning and Economa Dn beha f of therC'ity C PAUL, a municipal corporation af the State of Minneso , • � rC t� : asz;;a: LAU�iA L. �C!tGZT V :. :: . � d�rya�k NOTi,r�'�PiJc�_!C , �.r i A 7 . . . ._. g. f�s�� . . p .a^ —�r _ �, � � ;� � - ---- ___ - . . ----—. . � .. -- - � i{1�! �� :,� .� �• � k }"2,..,. t,�_ t� i g .:,��. �1� � �;��r - �. , -�'' � t - - +,5:+�� .3yv':�i''iL.ia--S'c�<��.^;.-�:.!.G a r�:_�,�.' - �.: . . � � . . STATE OF MIhNE50TA � SS. � COUhTY OF RAMSEY � • ' `Q�,�— �, llV^R'� � '�-- day of ��9"�' ' a a� . ' a c k n o w l e d g ed before me thi�U a e m e n t S e rvices y� � ° The foregoing in s t r u m e n t w a s artment o f Fi n z n c e a n d a n g on be ha l f o f by�,.��.r..�; Director of the Dep SAINT PAUL, a municipal corporation of the State af �iinneso a, for the Cof Sao'lnt Paui. � the City . ` � BARBARA J.Zt15AN �,�t a'�� `a<¢: ��*�='� NOTARY PUBIIC�UNTY�TA RA�ASEY ' ,�''� MY CAMM.EXPtRES MAY 3.1990 a Y STATE OF MINNESOTA � S5. � COUNTY OF RAMSEY � � � � �' da of , 19�: A1NT PAUL, a rnunlcipal c ?oration af the oin instrument was acknowlTdg O�Sfore me this � . y The foreg g Cit Clerk of the CI by ALBERT B. OLSON, Y of Saint Paul. State of h�linnesota, on behalf of the City �,a�r.s:��+�sa.,a�+s�� .�:::;ti,� TRU D',' �i. !;O ELZ�L , � �;.'c�1 �� hOTARY PU�I_IC—MIi�NESO i A - RAMScY COUNTY '� ��'�,.r'My Commission Expires Oct.15,1990 . __ _,...,...�.....-,.-,_....,-...,._,...� ___..,.^,-,.-...e..-....,�.-.-....___a..�,...-._..�.._,,,-4.�.-.,......�...�...��...^,_ � . ; • : . � �'S—/l��7 �"7 � '' RAILR�ADER PRINTING HOUSE � C"? � � � � �, - - c� ey . �ts r.�s� �e - By � Its _ � STATE OF MINNESOTA ; �. COUNTY OF RAMSEY ) _ • �� =1' . On this � day of //' !� . 198�; before me, a Notary Public in and for said County, � �' and , to m person ily k wn, appeared �� - who, being ea by me duly swor , did say that they are respertively the c.° � — and of the RAILROADER PRINTIIctG-HOUSE, a Minnesota ___ _ t Directors, and said corporati n, that said i strument was signed by authority of its Board o� �/,� '� Gr, �� and acknowledge� said instrument 1 was t free act and deed of said corporation. � RN 1J�VVV�,MNyyyyylAAl�f . . . . :,uiar��F c::�:; - • �-�c.oraar rus�ic—�a�r�sorA ww�r cou�rnr arr cx�w►�fxv�c a�a��,��o ti • . , . J � - �. � . ' , . � � � �'S-/(o�? c''� _ r: . Ef GRANT OF EASEMENT . � � ..�� 1�'HEREAS, the RAILROADER PRINTING HOUSE, a Minnesota corporation, hereinafter called "Grantor", is the owner in fee of that certain land situated in the City of Saint Paul, Courity " oi Ramsey, State of Minnesota, more particularly described in Exhibit 1, attached hereto, hereinafter called "Grantor's Property"; and 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 far the pedestrian Concourse System of the City of Saint Paul, hereinafter the "System". � - � 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 municipa! corporation, a publi� easement for public �edestrian ingress, egress and transit, in and through the Property and the structures thereon, ' described as: ' � atl of which above-described areas shall be collectively referred to as the "easement area". The easement area is expressly herein made subject to such reasonable poiicy 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 withirt 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, in and through the easement area aranted to City herein, shal! also be, and hereby is, made subject to such reasonable measures regarding open hours and temporarily closing part(s) or a!1 of the easement areas within or on Grantor's Property as the City of Saint Paul may, b�agreement with Grantor or its successors �nd assigns, from time to time determine. This provision shal! not diminish the City's right to, _ from time to time, exercise its poli�y powers unilaterally, by ordinance, concerning open hours, o; tempararily closing part(s) or all of the easement area, or concerning pu5lic conduct within• �he System, nor shall such agreed or legislated hours in any manner restrict City's easement intere� but shall affect only the public's rights to pedestrian ingress, egress and transit in the City's easement during the hours so agreed or legislated. The grant of easement herein shall be subject to the right of the Grantor to change the location oi the easement conditioned upon the grant of a new easement which shal! permit the con�inuity of the System, and, on the further condition that the new easeme�: area sha!! be installed at the sole cost and expense of the Grantor, and, on the further condition :ha; no change in tne easement location shail be made v��ithout the approval of the City of Saint Paul, such approval not io be unreasonably withheld, and, on the further condition tha, said new easement s`�al! b� s�rveyed and described by a registered land surveyor at �he expense o; Grantor. • . � � . - [ � � _ � �s-f�� I�'otv��ithstanding anything to the contrary herein, the easement granted herein shali he limited to ihe life of the improvements constituting the System and shatl terminate upon the happening of either of the following events: A. In the event any easement granted herein is vacated, aban�oned or discontinued in the manner permitted by law. � � � 8. In the eveni the building(s) in, upon or over which the easer,�ent area is located 5ha11 M be substantially de$troyed or demolished and such building(s) shall not be repaired or � reconstructed; provided, however, that in the event such building(s) be recanstructed � or replaced,�Grantor, his successors and assigns agree thaz, without further consideration, � a substitute easement of substantially equal convenience, area, and gene�al configuration `,,� � shatl be given. In the ever�t the easement or any portion thereof is relocated, vacated ` or terminated ►lnder the provisions hereof, City shait furnish a release o# such easement or portion thereof to Grantor, its successors or assigns. Grantor, for itself, its successors and assigns, does hereby agree rhat for and during the Iife of said easement, Grantor shall be responsible for and provide for �he cost of all repairs, improvements 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 System is vacated or abandoned in the manner permitted by Iaw or terminated, in accordance herewith. - IN WITNESS WHEREOF, Grantor has hereunto se► its hand this day of , I9 �/ . . �-�.�j , � �� . .�. c--- :��:::::�:�<><:��:>:::�""� c� �.�.�,.._.� .�.: �;»>;�:;:<:r�::::;:;::;::.::�::>:;;.;:: - :� .i.;;;;;::>;::;;;>:>;;s:a::;ss>::i»s:;::;;s: �.� �"i`:i;>;;i;�;�::%i;�;`:j; ' , .... � ::::::•:::.�::�Y . . � .'�� i ' �� . , '� �'`? � � . �`i'�-� A :::.'�� '.:�"'� + , ,n :::'=J , j . ~� •. � ::� �.-�-�- � ^ '� � :o c ' � :-�-� a ■ e ■ � � � �,��! ,��. _ � "' � '- _ ' .'�s�i�� • • ::;`�:: ;:icRZ;i:::::�;;:z�::>;s:;�>:::;�:::: ' , ---- �;::G:�`ii;i;; � . � ( :::�x<.�.::;.�. c � _ I 3�it7[;:;;�ti�i>t;:::;" , . 1 ' ,�,��;'.,•', i . � t r � � I' o ! 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'� �� I � �t ¢l •ry;Y�{�+}� 1 r .� �; f SK r�i'�Qi' �3. } �f•' }y,�� ' / t;v'':f �.•.w . �{,�}y:':` f'�{Q;{�ij�� 1 I ' • •�}' "S�'Q 1� ,••( �..':i '' • 7� X �ti-;J,�''/�:��}y�ti X � �:�1�•:v_:- � y y,�;�•�yy�{.\l::S'�'i�tf 1 � —+- a flJ O+ Q �f�l'T:}�."��:jyf�' 1'- `' `� `` ---� �`� C O L� �c`�. �. • {�v•:_:...; f �� ; ra � C. �� ' ' �� "•��'� � � � -' � _ � � �.�� .�,;.,s"�1' r1• �r'�'4\ �i � � � 'C C".. �.j , r�'.4ti;:::�'. O �T fD � , ' �},.�r.?,'}�i� :;,��i � J ��'��'r��r y,{�, ' J - : �'�•�.ti J � r ' . � f., fr�l.r:ii • r�,� H .ff }r .v� ,� 'I� . _ � f/��"l•.{�{� i`:� .•�:•.f{•:V l'.r�1':.u. - / � ''��— _ _�.—o-u ,��--�J1�'-�c_ � � � __ ��""_ .�-"'_--^�—.n'„I �+�` 1. -__./-- I"'� --r-�_` '_� '�_�= —, � l� � � - � '�� , . �- ...,_ . . . ..� � . � ! � � � � � � � �� f � . �� '�.. .�.�..._.�P, . ��,,.... . .�+—e`---- �--1 — •�-".---�. � ' ' .� . �' 1 � . � . m . � t�� • , ' . � j � . r 1C t c r r � � � . � . � • iI ` x � � ' � � �I'lili�f a . . . l� :';IIIj1. . � • � - i. ' • . . r. T ' . D . . ' • . . • ' � '"'� . ' • • � • r� • ' � , ' . �� ' o • . , A • • , . � • o .. • - - . __ .,. . -- - - . _ _ . •. � --_ m . . . � ' . • . . � � . r� • . . . : � . ' ' �. s r-- ► . • • t o . � . • , � � �' (I� • , 1l�i111 , . � �- . � � �' . . . . . . . .. . . . . . - . �� . � � A ' . � .r . ' r�::•.;�;:s.,aw�.. O • • . � , . ...��;s:.:#•;:f;.i{�� ,,;II N . � � ' y'::+:::::'i':::ti'..''`i�f�t}��.'f{`'3a 1� � � • �Yio�� >•. . p ` ' . . ' A . •.'.+i;' . . . `d r ;�::�::�;:::<�<�:��`<`<::`<`':;<:`:>:.:::: , .....,........,,.�.a.>.:•,,:.,�.�..:;�.,,., o C.,J .....,,,......... ................ ................. ...:.:..:..:.... f_.�:: M>:�.. � _ . • � '- �' �..«:.� _ � . �� .� , . t — _Y� � � . • ' . ' •) • O` �� :: N ' m • ( �• v :: ct X • ' . • . •r 'Y 2 . ' ' �tJ [D .-� ( I , . f� fD p • � vf ci� .-. � � � � �!'�c�c�� :�e�� . � � = , . � . . i . . .-. ..,. , , - - �= ��_,�� . ► . C"� � � � d` � � � . . _ ``� � . � ' � EXHIBIT C: � General Policy Statement for the Construction of the Saint Paul Skyway System, • � Adopted January 8, 1980 , � _ � � . � . � � "'� `� �1`�s_�1�� - GENcRAL POLICY STATEMENT � FOR THE CONSTRUCTION OF THE � SAINT PAUL SKYWAY SYSTEM C"� . . � :� r.'� � ADOPTED BY THE CITY COUNCIL OF SAINT PAUL, MINNESOTA JANUARY 8, 1980 DEPARTMENT OF PLANNING AND ECONOMIC DEYEL�PMENT • � OF THE CITY OF SAINT PAUL, MINNESOTA ' This Poticy Statement Supersedes and replaces the General Policy Statenient Pec�estrian Concourse System Downtown Urban Renewal Project Minn. R-20 - Adopted by the �� Housing and Redevelopment A�thority of the City of Saint Pa�l, !llinnesota ' . . , ' �= �S ' � . U' �'S=(�(.�� GENcRAL POLICY STATEMENT C"'� FOR THE CONSTRUCTION OF THE � SAINT PAUL SKYWAY SYSTEM C`7 _ - � C� � , ADOPTED BY THE CITY COUNCIL OF SAINT PAUL, MINNESOTA JANUARY 8, 1980 DEPARTMENT OF PLANNING AND ECONOti1IC DEYELOPMENT • � OF THE CITY OF SAINT PAUL, MINNESOTA ' This Policy Statement Supersedes and replaces the General Policy Staternent Pec�estrian Concourse System Downtown Urban Renewal ?roject Minn. R-20 Adopted by the } Housing and Redevelopment Authority ��7 of the City of Saint Paul, hlinnesota _ . � � -� �- �s-i��7. . . � . � -I GENERAL POLICY �TATE��IENT FOR CONSTRUCTIUN OF � THE SAIN7 PAUL SKYVi/AY SYSTEh-1 C`°; '�? M TABLE OF CONTENTS _ O ;� PAGE NUMBER Ci� A. PURPOSE AND GENERAL DESCttIPTION � B. DEVELOPMENT PREtitISES AnD CONSIUERATIOnS 1 • � G SKYWAY SYSTEM ELE:49ENTS DEFINED � � 3 1. Concourse Corridors 3 2. Nodes 3 3. Bridges 3 4. Bridge Support Structures and Services 4 5, Vertical Access Facilities 4 D. COST SHARING AND FUNDING POLICY � ' . 1. Bridges - _�_--- -- 5 -- - 2. Concourse Corridors and Nodes 5 3. Bridge Support Structures and Services 5 4. Vertical Access Facilities 6 S. Directiona! Signs 6 6. Hardship Determinations �- E. REQUIREMENTS FOR EXPENDITURE OF CITY FUNDS IN HARDSHIP CASES 7 1. Cost Estimates and Reimbursements � 2. Submission of Plans 7 F. DtSli.�\ A!�U :v�ATEktIr�LS RECtUIRE��•1�hTS A.i�JD STANDARDS 7 1. Skyway System Symbol � 2. Skyway System Graphics � 3. Skyway Equipment $ 4. Skyway Floor ,1;laterials 9 5. Concourse Ceilings and Lighting 9 6. Skyway Syste►n Walts !0 � 7. Skyv.�ay Colors G. E�1SE��1Ef�T RE�UIREl�1E1T5 10 H. UPEEZATION Af�U i�1AI[��'ENAI`CE REQUIRE�b1ENTS 11 Z� .. , . ''' � ��,�-��' A. PURPUSE AND GENERAL DESCR1PT10N � r.. . . „�?� Beginning with the Downtown Urban Renewal Project Area--Minn. R-20, the Housing and t p Redevelopment Authority of the City of Saint Paul has developed a skyway system in - � downtown Saint PauL As used herein, the term "skyway system" is inclusive and encompasses the following: (1) concourse corridors, (2) node points in the concourse corridors, including, where feasihle, one major ;�ode central to each hlock, generaliy at the point•where several concourse �orridors intersect, (3) brides 'spanning streets, (4) certain vertical access facilities connnecting the concourse corridors to public streets or other public property. The primary purpose of this skyway system is to divert pedestrians from the minimal width street leve! sidewalks, enabling pedestrian traffic to rnove in an enclosed environment protected from aaverse weather and vehicular traffic. The skyway system has significantly reduced pedestria�-vehiele canfficts at street level, particularly during periods of peak traffic, thereby permitting a smoother flow of vehicular traffi� and greater safety for the pedestrian. _. _._ _ ___ ___ _- - Another irnportant benefit of the skyway system is the opportunity afforded developecs to provide shop and oftice space abutting the concourse. In the use of such shop space, tne public will be unhindered by adverse weather conditions and traffic, thereby pcomoting the desirability of shopping and doing business in the connected buildings and contributing to the economic strength of Downtown Saint Paul. The skyway systerr►, through the efforts of the developers, also rnay contain sculpture, water disptays, artwork, and other elements contributing to the aesthetic ano cultural enrichment of the citizens of the City, thereby becon�ing a focus of acti�ity in the downtown area. The general tocation of the skyway system, including concourse corridors, nodes, vertical access facilities and bridges are shown on ttie attached map. B. UEVELOPfv1ENT PKE�"v1ISE5 ANC1 COh'SIDERATIONS Incorporation of the public skyway system into private development �nd building ow•nershi� presents sorr�e unique implications for both the public, owners, and redevelopers. w'ith recognition of the public and private interests involved in the skyway sysiem, certain pr�ir�i,rs have been established relatin� to tne system, and these prernises are oasic to tt;C regulatio�s ana development criteria established for the skyway sysie�r: as set forth in succf�cuin� secti�ns. The follo��-ing �remises apply to the entire sky�•ay syst�m, even though portions of the systern may be buitt by private builoing owners or developers: �G� / � . ' .., - � � • : -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 an� bridges � - - J wi!! be constructed at a standard width of 12'0", with a larger area to be developed at � nodal points. Those segments passing througn existing improvements to remain wilt alsa : be at a standard width of 12'0", except where in the judgment of the City, physical limitations of existing buildings, such as column spacing, fixed vertical element locations, window opening, etc., render achievement of a 12'0" width impractical, or would constitute an undue harciship to the owner. In such instances, a lesser width may be allowed. 2. The success, that is the degree of utilization of the skyway system, will be directly related to the convenience and 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 �enefit: �X�hile adjacent buildings may decive 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 interestrcan be constructed with . _- - puolic monies. The City shall reserve to itself the sole and final detecmination as to what imprcvements are of public benefit. 4. The skyway system must have a design identity of its own, distinguishing it from other areas v.•ith put�lic access within buildings as an aid to citizens in findin� their way throughout the system. Further, where public funds 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 sucn areas. The system must possess directional clarity and be accessibie, 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 should not be of monolithic design throughout its length. ?he skya�ay system should possess a v�riety of floo� to ceiling heights and abut spaces of varying design and activities. Nevertheless, it r7�ust still possess enough common elements to provide the directional ciarity, continuity ` and identity required. b 3 � ''� -3- � ';- �s-i��7 C. SKYWAY SYSTEM ELE�IIENTS DEFINED The skyway system consists of five elements: 1. Concourse Corridors - Concourse corridors will run through a block from building face - to building face connecting to a skyway bridge. The prirriary public purpose of suci� concourse� corridors is the accommodation of pedestrian travel fram point to point, and as such, a standard width of !2'0" is established for such elements. C'� � 2. Nodes - Nodes are the points of intersection of several concourse corridors and/or � the location of a vertical access facility. At such points, pedestrian traffic is likeiy to ' ;j be heavier and moving in varying directions, directionai decisions are made, and other `� activities may �e occuning. Such nodes must clearly possess a design identity and chara�tec separating them from abutting pcivate areas, and must be primarily oriented to the public purpose of accommod�ting pedestrian travel in the skyway system, including orientation, airection changes, and congregation or vertical movement to street Ievel. The siie artd configuration of the node will be dependent upon the number of concourse corridors 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 must be large enough to accommodate anticipated pedestrian activity and to constitute a special area of irnportance within the overall skyway system. Therefore, a wider than 12-foot standard concourse area will be reyuired, where possible, at one major node in each block and may be necessary at other nodes. Secondary nodes rnay also occur in some instances, especially at points of vertica! access to the street. V��here appropriate, such areas shall also have a width wider than the normal 12 feet appropriate for concourse corridors. 3. Bric�es - Bridges generally span streets and sidewalks between property lines and perform essentially the sarr�e public function as concourse corridors; therefore, the bridges witl he t�uilt with a standard clear wiath of 12'0". Also, the City of Saint Paul currently requires a minirnum bridge height clearance of 17'4" at the center of the street which it sp3ns. drid�es rnay span private property but must connect to an acceptabie segment of ti�e basic skyway system, giving access to a public street or other public property. 13ridbes a�ill be of d consistent design throughout the downtown area, consisting basically of exposed steel vierendeel trusses painted deep brown, with terrazzo floors and an e�g crste �rid luminous ceilinS. �1 " � ',� � . _- -4- . ' ' � Brid�e Support Structures and Services - Bridge support structures will support the bridges at either end and will be containeci within the buildings unless it is structurally necessary � _ to provide bridge supports independent of the building. Bridge services are defined as those �; electrical anci mechanical systems which provide heating, cooling and electrical service � to the bridge. Also included is the roof drainage system. �'3 � � P�.�r� . . . :� 5. �'ertical Access Facilities - Vertical access facilities in the form of either stairs or escalators Qrovide access to the concourse nodes, corridors, and the bridges from the street. Vertical access between the concourse and street level will be required tnroughout 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 foliowing cost sharing and-funding policy applies to atl slc�way system elements (concourse corridors, nodes, bridges, bridge support structures and services and vertical access facilities) not unaer a construction contract at the time of the adoption of this policy by the City Council, uniess otherwise specifically exempted from this-policy by the City Council. Such skyway system elements specifically exempted by the City Council will be covered by tF�e General Poliry Statement - Pedestrian Concourse System-Downtawn Urban Renewal � Project-�iinnesota R-20, as adopted by the Housing and Redevelopment Authority of the City of Saint Paul, lninnesota, 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 cansidered to be a Service System Improve�rcent and any �roposal 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 Coun�il. �� - `� � �.�� _S_ � . . 1. bridRes - The City will pay not more than one-half the total cost of each skyway bridge, including construction costs, architect's fees and other associated costs. The exact amount will be negotiated between appropriate City staff and benefitting building owners or developers. The City Counci! will make the final determination on the exact cost to be borne by the City. � 2. Concourse Corridors and Nodes - Benefitting buiiding owners or developers will pay C' all costs for constructing, remodeling or reconstructing their,buildings to provide acceptable � . � concourse corridors ahd nodes through their buildings. � :�� C� 3. E�ridge Support Structures and Services - The developer or building awner at each end. of the bridge will be responsible and wil! pay all costs fo� the provision of structural supports witnin the building, which are necessary to accommodate the bridge. The City will not be financia!!y responsible for such increased structure to support the bricfge, nor will the City build independent supports f or the br.idge at either end�at its expense. _ -- With respect to bridge services, the building owner or developer wi!! design arid connect - - the rr►echanical and electrical systems of its buildings to the bridges and supply to the bridge facilities the necessary heat, cooled air; and electrical power from the mechanical and . electrical systems of its buildings, unless the building owner or develaper is advised by the City that, for a specific bridge, a previously constructed building'already contains such , facilities. V�ihere a bridge connects the improvements of one developEr or building owner with that of another developer or building owner, each party so connected shall be responsible fur agreeing as to how they will share the cost of providing the required mechanical and electrica! services to the bridge. Such a cost-sharing agreement must be ceached by the aff ected parties and submitted to the City f or its approval prior to the start of bridge construction. For briciges in new builaings for which the location is determinecf at the time of working drawing preparation, the developer's working drawing and specification wiit incluoe mechanical anci electrical equipment desi�n, location and connections to suppt� necessary services to the bridges. For bridges where precise location is not yet determined at the tirr�e of working drawing completion on the buitding, the developer must agree to retain the seruice of its architect, at the time such bridge location is determined, to provide necessary aesign services as stateo above. � , � � , � �h - • . -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 inechanica! and electrical facilities to the bcidge ��". and to resolve all structural, aesthetic and related matters retative to bridge connections. � � t""a � � r�ll 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 laridge connects are capable of receiving the bridge. - 4. Vertical Access Facilities - Vertical access facilities will be installed by the benefittirrg 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. 7he benefitting buiiding owner or developer wil! pay the costs of such vertical access facilities. 5. Direc:tional Signs - The City will pay for the manufacture of all iliuminated directionat sign boxes and faces within buildings. The benefitting huilding owner or developer witl �- - pay a!! costs for supports, electrica! service, installation, operation, maintenance, repair and replacement of such signs. Such directional signs shall be instailed by the building owner or developer prior to the opening of the skyway bridge, or bridges, f or public use. 6. Hardship Determinations - If a benefitting building owner can show to the satisfaction of the City that the costs noted a�ove constitute an economic and financial hardship, the City may consider financial assistance to any building owner (other than a devetaper} in � an amount nat �o exceed the ma�ket value af the square footage of that part of the builciing ' � which is required for second-level skyway easement purpuses. Develo�ers shall not be eiigibie for such harciship determination. As used in this section, developer shal! mean that person, ozrtnership, joint venture, or corporation who is construc�ing a building or building adaition to which a skyway bridge will be connected. In cases where the modification of inechanical and electricca! equipment in a building proves � economically infeasible, the City will consider providing the necessary mechanical and electrica! equipment as part of the skyway bridge. The City will make the final deterrnination as t� whetner modification of inechanical and electrical equipmeni is, in fact, economicaily ir,.easiole. The City Council wil! make the final determination on all such hardship cases. � , k � - '� � -��7 -�- �=- �s E. REQUIREtiSENTS FOR EXPENUITURE OF CITY FUNDS 1N 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 � �..� to the building owner, preliminary plans and cost estimates therefor will be submitted � for approval 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 system. The cost estimates provided by the owner will include the estimated square foot � cost of all finishes integral to the area of the slcyway system as set forth in Section F. Such cost information shal! included estimated costs for approved vertical access faciiities � to be provided by the owner. If the building owner undertakes to have any of the above� improvements done by a contractor other than the contractor being retained by the City to do the bridge construction, the City will reimburse the building owner only for actual costs incurred. Such costs must be proven to the satisfaction of the City. 2. Submission of Plans - Plans shall be submitted by the building 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 abutting private building areas where the concourse occucs within the owner's buiiding. The City will make certain additions to such drawings, including signs and other graphics, furniture, and other elements consistent with achieving identity and design cor�tinuity for each segment of the skyway system. F. DESIGN AVD i�",ATERIALS RE�UIKEh4ENT5 AND STANDARDS In order to achieve tne design identity, continuity, and ease of orientation necessary if . . the skyway system is to function effectiveiy, the City has established certain design and ' materials requirements for the skyway system. The design af the skyway system within each block shall adhere to these requirements. Vdith the exception of the design and construction of directional signs as noted in Section D.S., the developer or building owner shall be responsible f or a!! costs of design, construction, installation, maintenance, replacement and repair of al! items enumerated in this section. � � , � � ''� . . -8- ' l. Skyway System Symbol - A graphic symbol has been developed for the skyway system. Such symbo! 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. ' C": '�? � 2. Skyway System Graphics - Graphics will play a vital role in orientation in the skyway . � system, and through consistency of design and placement, will also constitute a vital element � in achieving skyway system identity. The City will be responsible f or the design and location of all skyway system graphics; the types of graphics and general location criteria are as follows: � (a) Directio�al 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), wili be perpendiculac to the axis of the concourse area in which they are located and will be the only such ' signs to be mounted in this manner. The most important of such signs will be illuminated. The building owner witl provide: 1) support for the directional signs above the ceiling; , 2) electrical services to the signs; 3) the pendants which cannect the signs to the structure above the ceiling. The City has developed standard designs for tf�e directionai 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 aRd route directions of the skyway system wil! be placed in prominent locations � a# the head of vertical access facilities, within nodes, or in other appropriate locations so that the pedestrian may, together with the directional signs, determine the skyway route to be used in order to arrive easily and quick2y at a desired location. 3. Skyway Equipment - To achieve prominence and identity fo: major node areas, the building owner, witn the approval of the City, is encouraged to provide skyway equipment in and near the node areas. Such equipment may include sculptures, decorative fuuntains, public telephones, public toilets, drinking fountains, kiosks for display of material of public interest, benches, trash receptacles, pl�nter boxes and other equipment as approved hy the City. Tne location of such equipment in or near node areas w�il! be determined jointly by the City and the building owner or developer, based on analysis of expected traffic patterns within :he node and to adjacent private areas. The City and the builoing o�•ner or devetuper will �( �o }oinrtly approve the design of all such eleinents to be placed within the skyway system. •, . � � � ��--i�� . -9- . 4. Sk wa Floor �ti�ateriats - All skyway bridges will contain terrazzo floors of a brown and grey chip in a dark matrix (Venice Art hlarble V-1036, or equivaient), herein referred to as "skyway terrazzo:' The City will require the use of skyway terrazzo in all or a majar portion of the node to be developed central to each block of ihe skyway system. Such use of a constant material to each bridge and central node will establish a repetitive rhythm of spaces that will aid in achieving identity and continuity for the skyway system. In concourse � corridors running between bridges and nodes, other ftoor materials may be used, though a consistency of floor material for concourse corridors must be maintained throughout each building. Skyway terrazzo and the concourse corridor floor material may not be used, unless changed in color tone or texture in private non-skyway building areas in proximity io the skyway system where such use woutd tend to obscure the identification of skyway materials with concourse areas. If the buiJding owner chooses to use carpet or other non- � permanent flooring material f or concourse corridors, the builoing owner rnust agree to ��`, replace such carpet with new carpet or other material matching as closely as possihle the � original in color and texture at such intervals as may be determined by the City. O C""� � 5. Concourse Ceilings and Lighting - Concourse ceilings shall be of the same materials , throughout any one building. ►lilinimum 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 ceiling. - Lighting fixtures shall be recessed or attached in immediate proximity to the ceiting; hanging or pendant fixtures will not be permitted. Luminous ceilings are permitted. Artificiat lighting intensity shall be a minimum of 30 f.c. at every point along the floor. The artificial lighting shall be supplied with electricity in such manner that the interruption of service in any circuit inside the building will not result in total interruption of the required ligk�ting. V��nere adjacent private building areas are open to the concourse, a differentiation in ceiling treatment, height, light level, and/or light coior 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 scich graphic material. 6. Skv��ay Svstem V�'alls - VJhere the skyway system is defined by watls or partitians sepatating the concourse from adjacent private building areas, such walls may be of a design and function consistent with the use and architectural design of such private building areas. Exceptions wil! be required at wall areas where graphic paneis, maps, route directories, or other skyway-related graphic material is to be located. Skyway sys�em wdlls shall be of durable, easily maintainable, finished materials. �X'here shop signs, department identification signs, or other permanent graphics not related to skyway graphics as specified above are rec�uired, they shall be located on and%or parallel to concourse w;:l:s at a height between 7'G" above the floor, except signs painted on shop windows n�ay occur at utner heights 3 � _ ,, � �`Y � ��O' � � I �••• ' � . l consistent with good design practices. No signs, except as specified for skyway related graphics, may project from concourse walls into the concourse easement. � 7. Sk�way Colors - Skyway-related signs and other graphics will employ a specific color � scheme throughout the skyway system as developed by the City. Non-skyway reiated signs - C'`a � and graphics in proximity to the concourse or node area utilizing the same color scheme � . . ;�,� as skyway-related graphics will not be permitted. G. EASEh1EI��T REQUIREMENTS In order to assure public return for the public investment made in developmen� of the skyway system in the downtown, all areas of the skyway system must be located either on public property or within pu�lic easement granted without �onsideration by the developer or building owner. Such easements shall be coterminous with the designated areas of cancourse corridors and nodes and vertical access fa�ilities; also, shall extend on the ground floor from the foot of vertical access facilities to a public sidewatk or other public property, giving access to a public sidewalk. Such easements shall be reauired for both those skyway - � system elements for 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 f orm satisfactory to the City and will be iimited to the life of the improvements canstituting the skyway system. The easements wiil grant to the public the right of use of the skyway system for purposes of ingress and egress and pedestrian transit without limitation, except that such easements may attach reasonable conditions regarding closing parts or a!I 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 shail have the�right . at dny time to cnange 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 systeni, and the developer or owner installs a new pedestrian concourse on the new easemer►t area at the developer's or owt�er's sole cost and expense. . � 3 ,. , - � . � ' ` _ -11- /��-�,5-'��'� Gl" In the event the developer or ov.�ner elects to substitute a new easement location, it will submit to the City the description thereof, the plans and specifications therefor, and proof of ability to pay and method of payment therefore for the approval of the City, which approvai shall not be unreasonably withheld. The City shall have 90 days after the submissian in � which to approve or reject the submission. If the City rejects the submission, it must do so in wciting within the 90-day period and, in such writing set forth in detail, the valid reasons for such rejection. In the event the City fails to reject the submission within said 9Q-day period, the City's consent shall be conclusively presumed. The City shall not be required M9 to approve any change in easement location unless the easement to be submitted therefor cf contains at least the same area and dimensions of the existing easement; and the improvements � � thereon are of the same character, quality and functional characteristics of the initial concourse � � including repiacement of signs, graphics and furniture provided in the original skyway system. When the City approves the substitution as aforesaid, the parties shall then join in the execution and delivery of an amendatory agreement in recordable form whicF designates the substitute � location and terminates the easement over the o!d location effective upon completion of the construction of the new concourse and skyway system. H. OPERATION AND RNiAINTENAI�CE REC�>UIRE�IENTS The skyway system, including all future additions, is located on public property or within public easements. As such, the City has a proprietary obligation for operation, maintenance, repair and replacement of the skyway syste�r►. Nevertheless, the City will cequire, as part oi the ease�nent agreement, that the developer or buitaing owner assume the full cespansi- bility for the operation, maintenance, repair and replacement for all segments of the skyway system located within its property, ior bridges over streets abutting its property, and carry out such operation, maintenance, repair and replacerr�ent at its own expense witF►out cost - to the City. In the event that the developer or building owner fails to operate, maintain, repair or replace the concourse system, or any part :nereof, tc a reasonable standard, the City may perform such operations and assess all costs incurred in so doing against the developer or building owner in accord with the normal procedures for assessments related to sidewalk maintenance, repair and replacement in the City of Saint Pa�t. Where skyway bridges conc►ect the property of one developer or owner with that of another, the clev�l�pers or owners rnay share equally, or on v.�hatever other basis is rnutually agreeab!e to both, thP brid�e operation, maintenance, repair and replacerr�ent costs. Such a�reement rr�ust �e submitted to the City for approval prior to commencement of bridge construction. . �q _ , Cv � ..�.�.__._.._..._�_....__ " , ,f " _ ^, :�1 � - ' , r �C�^`�l^� ; .4 � � � ��,;_. :� aM . � �. ,�, . � :3 �; _ , ,-., _ , ; � N ` �- , ` `� �� ,, t o t`� � , r „ ' ; � � 1 � � .. � � � �� r ., ' � ' �,a� , �i� � � � � � -. {�� 1::� � � .S ` �' r(�{ �i� �. , ..` ` ��.11'.�3 [� 7 � � ^E. - �. Y C,� B F(�jl � 1. 3 �� .Q � � �^ � � � _. " �'. 5 1 �l a r� scr v, ��J�. 1� �'. ;. ;;j Vi � �"`� C� � (� � � {•� �(J,14. ,,� j :�' C: . � �'f f� y � k,s ''� •. \ , .` � :� --� � � .� �