The URL can be used to link to this page

278849 WHITE - CITV CLERK 2��g PINK - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT � BLUE - MAVOR File NO. City Attny/PBB . . il Resolution 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 Pedestrian Concourse Agreement, dated December 19, 1979, between the Housing and Redevelopment Authority of the City of Saint Paul, P�iinnesota; the City of Saint Paul; Fountain Develop- ment Co. ; and St. Joseph' s Hospital, attached hereto, which Agreement contains covenants and obligations touching and concerning the following described property in the City of Saint Paul: Lots 1 and 11, Block 4, Bazil and Guerin's Addition (Abstract) ; and Tracts C, D, and E, Registered Land Survey No. 328 (Torrens) ; and Lots 3, 5, 6 and 9, Block 5, Bazil and Guerin's Addition (Abstract) ; and BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to file a certified copy of this Resolution (with attachment) in the Office of the County Recorder, Ramsey County. CO IVC[LMEN Requested by Department of: Yeas Nays Fietcher DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT ox Levine In Favor Masanz n O Against BY --� .�r,Nicosia " -- e Scheibel 11SOri T�e�O JUN j 5 1982 Form App oved by City torney Adopt by Council:Wilson Date - Certified P s• by Counc� ec r BY v � �� B� �` t�pproved :�or: Dat — � A r v by Mayor for Su is ' �o Council By — B . � ug�ISHED N 2 6 198� � , . �, �� ' � � (� (� � � G� STAT� OF MINN�SOTA J 4� '' Caw�,ty o� Ram�sey ) SS. � CTTy D� SAINT PAUL ) � C�t I .. . . Albert. B:. Olson. . . . . , . . ... .... . . .. . . .. . . . . .. .C.i,ty C.2eh.1� o� �he C.i,ty o� S t. Pa.u.e, Pd.i.nne.b o�a., do helc.e6 y ce�r.t,i.�y -that I have companed �he a,tt.a.ched copy o� Caunc,i,e F.i,ee No. 278849 . . . . . . .. and .c.ta a,ttachmen�, a.b adop�ed 6 y �he C.i.ty Counai.0 on . . . . . . . . . . June 15�. . . . . . . . . . . . . . . 1982. . . N and appnoved by �he Mayan. . . . . . . . June. 16:. . . . .. . . . . . . . . . 19.82. . ... . . ao . = w�i.th �h.e on,i.g�.vca,e �h.etceo� o n �.i.ee �.n my o��.ce. .� 0 � I Su�heh. ce�c,tis y �ha� da,i.d co py .i,d a �uce and co�vicec,t copy N = a� acr„i.d on,ig�.n.a.ea on �.i.ee .�n my a��.i.ce. � GJITN�SS m y h.a.nd and �h.e d ea,�. o� fihe C.i.ty o� Sa,i,n,t Pa.u.e, M.i.nne,�a#a. �h,i,a. . .. 21ST . . . .. . . . .. .c� 0�. . . .June:. . . . . .. . . . . 19.82. . . . . ... .. . .. . .. . . .'�l�.:s. . . . . . � C.i.ty C.2e�ck. �� ,;, � '4) � .. � � "�:�,� . .. 4 S ��'� . 1 ,a' �i i "• .r',: . 3 ti..' ��a.�.� � . `, t: ... ! r � 7 o L : . ;l c;�;_� -. � o��rE - c�T� c�eNK Council �'�(,J�49 - 1NM � FiNANCE (�ITY OF SAINT I�AUL . 4N 4'*• - �'F V?N TME�'i2 � _ ..ernti File �0. f/ ► • � Council Resolution Presented By Referred To Committee: Date Out�of Committee By Date S a � J� BB IT RESOLVED, by the Oouncil of the City of Saint Paul, � that the City Clerk is directed to acceot and keep on file that � certain Pedestrian Ooncourae Agreement, dated Deceasber 19, 1979, � bet�naen the �uaing and Redevelopment Authority of t2�e City of Saint Paul, �innesota; tha City of Saint Panl; Irountain Dev�elop- ment Co. ; and St. Josepb►'.s Aospital, atta� hereto, �hich Aqres�ent contafas cov�enants and obliqatf,one bonchinq and coacerninq th� followfaq ,desscribed property in the City of Saint Paul: _ � Lots 1 aad 11, Block �, Basil and Guerin's Additiont (Abstract) = aad Tracts C, D, and E, Regietered Laad Survey No. 328 {Torzmns) j and Lots 3, 5, 6 and 9, Block 5, Baail and Guerin's Addition • ` (Abstract) j and BE IT FURTHER RRSOLVED, that the City Clerk� ia mnthorized and directed to file a certified copy of this Resolntion ('vith attachment) in the Office of the Countp Recorder, Ramsey County. COUNCILMEN Yeas Nays Requested by Department of: Fletcher �� PLAI+�DIING i P�CONQ�IIC In Favor Levine � ] �i J Masanz __� Against BY f• -l'' ' t --e+..rs.,s.-� �N icos;a Scheibel H]j,l�l Tedesco JUN j 5 19g� Form Approved by City Attorney Adopted by Council:�,yi�� Date , Certified Passed,by Council Secretary BY B I' %�a 6�.J.>"�"�n-�._ ' f� { • S' —� ' ; . . Approved by lrlavor. Date _ JU� � 6 �452 �' - � ApPro�e�by Mayor for Su�iss�tr fo Council _ .�. � __ .� �• � l �. ��= ° /�,�yri.;� --� Bv ___ -- Bv�\ ' � ', . • .. • ' � /�� . ,• . . , � AGREEMENT � O � THIS AGREEMENT made and entered into this �day of ,1979, J" by and between the � HOUSING AI�D REDEVELOPMENT AUTHORITY OF TH� CITY OF SAIiVT PAUL, MINNESOTA, a public body corporate and politic (hereinafter referred to as the "HRA") - and CITY OF SAINT PAUL, MINNESOTA, a municipal corporation (hereinafter . � referred to as the "City") . _ and - .% - • - FOUNTAIN DEVELOPMENT CO., a Minnesota .� General Partnership consisting of Sherma� Investment Corporation and . , Sheehy Properties, Inc., Minnesota corporations, (hereinafter "Fountain") , and � ST. JOSEPH'S HOSPITAL, a Minnesota corporation (hereinafter "St. Joseph's") That for the purposes of this Agreement, HRA and the City will sometimes . collectively be referred to as "First Parties," and Fountain and St. loseph's will sometimes collectively be referred to as "Second Parties." VVITNESSETH: WHEREAS, the City and the HRA, through the Downtown Urban Renewal Project, Minn. R-20, undertook to develop a pedestrian skyway system within the Downta�vn Central Business District of Saint Paul, Minnesota; and WHEREAS, the City, pursuant to Chapter 764 of the laws of Minnesota, 1973, is authorized to operate a pedestrian skyway system; and WHEREAS, an extension of the pedestrian skyway system over St. Peter Street from the Block 7-A Medical Office/Gallery Building to the St. 7oseph's Hospital Building, has been approved for funding as part of the Downtown Development District Bond Funds; and WHEREAS, Fountain and St. Joseph's are�the owners, respectively, of the afore- mentioned structures; and � WHEREAS, Second Parties are desirous of the construction of said skyway bridge � between the aforesaid buildings; and ' - , • � , . �. . �. . � � 2`��a�� v WHEREAS, Second Parties will derive a substantial benefit from the construction O � of the skyway bridge between their respective buildings; and �So J WHEREAS, substantial public monies wil! be expended for the construction of � the aforesaid skyway bridge over St. Peter Street to the respective structures hereinabove `� referenced; and WHEREAS, the City, by Ordinance No. 16490 granted the HRA permission to � construct and operate a skyway bridge�across St. Peter Street between Exchange - and Tenth Streets, which Ordinance is attached hiereto as Exhibit "A" and made a part hereof by reference thereto. NOW, THEREFORE, BE IT RESOLVED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Agreement-is subjecf�to the aforesaid Ordinance No. I6490 as adopted by the Council of the City of Saint PauL 2. The First Parties agree to construct a skyway bridge over St. Peter Street connecting the Block 7-A Medical Office/Gallery Building and the St. Jaseph's Hospital Building, pursuant to plans and specifications prepared by the HRA and Hammel, Green and Abrahamson dated February 14, 1979, and also known as Bid No. A8090-5; said plans and specifications shall be subject to the approval of Second Parties. Said bridge, specifications and construction shall include the skyway bridge, support structures, necessary mechanical/electrical systems and related equipment for the heating, cooling, lighting and roof drainage of said bridge which may be connected to or tied into appropriate facilities within or upon one or more of the abutting buildings for purposes of roof drainage, obtaining a source of heat, cool air and electricity; glass doors at the galleria� end of the skyway bridge including necessary hardware and door framing; finishing related to bridge and building connectors, and insulated or 'thermopane glass to the extent glass is used to enclose said skyway bridge. Fountain agrees, at their expense, to make any necessary alterations, subsequent surveys, and improvements in the interior of and to its building in order to accommodate the skyway concourse system. As to necessary construction work on the St. Joseph's existing structure for • the purpose of opening it and preparing it to receive the skyway bridge, and as to the construction of the hospital stairway and stairwa�� to�ver ce^n°cting v,w:tr, th� skyway bridge on the St. Joseph's side and proceeding downward to street level, in accordance with said plans and specifications, St. Joseph's agrees to proceed with the cost sharing and contract management proposals outlined in a certain memorandum -2- � , � � . � � � - �� ' � of the Department of Planning and Economic Develcpment dated October 23, 1978, c�o attached hereto as Exhibit " ", and to pay the actual cost thereof, including any increased �o J.� costs and change orders. ` 3. Fountain and St. Joseph's and/or their respective successors in interest, agree � to operate and provide the necessary repairs and maintenance of the entire skyway bridge, its integral parts, its related easements an� appurtenant structures and stairways at their sole expense and at no expense to the City or the HRA. Such maintenance shall include, but not be limited to, windov,�, floor, hardware and metar trim cleaning, polishing, repair and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning. Fountain and St. �oseph's (and/or their respective su�cessors in interest) shal! also agree to share the maintenance, operating and repair costs for said skyway bridge and its related mechanical/electrical equipment. 4. A $50,000 surety bond and required insurance for hazard and liability per the attached Exhibit "A" shall be a maintenance cost to be assumed by the Second Parties and shall be shared in accordance with the agreement for sharing of operating, maintenance and repair costs that Fountain and St. Joseph's shall enter into as herein provided. 5. Insurance for hazard and liability for all areas designated as easements for the skyway system shall be a maintenance cost to be assumed by the respective building ownecs. Second Parties shall furnish and maintain public liability and casualty insurance coverage with a duly licensed insurance company, wherein the Second Parties and City and HRA shall be designated as co-insureds, said insurance containing the follo�ving minimum coverages: For personal injuries, including death, $500,000.00 for each � occurrence; for property damage, to the extent of $200,000.00 in any single accident. The casualty insurance shall have an all risk or physical loss coverage in the amovnt of the full replacement cost of the bridge. 6. Fountain and St. �oseph's hereby agree, for themsetves, theic successors and assigns, to grant to the City for the public, subject to the terms and conditions hereinafter set forth, certain easements for the limited purpose of a pedestrian passageway , over, in and upon the pedestrian concourse anc� skyway system for the use by and benefit of the public for the limited purQose of utilizing s�.id areas as a pedestrian thoroughfare, on, over and through their respective properties as follows: �� - . -3- � . S . °' ` . �. . 2`�� 1. St. Joseph's will provide a public easement from the St. Peter Street .� sidewalk to and over the stairs leading to the skyway level pedestrian bridge, � � including the area to be occupied by the stair tower. 2. St. Joseph's will provide an air rights easement over its property for the bridge structure and connections necessary to the existing building and stair tower. 3. St. Joseph's will provide a ground and air easement, as necessary, to include necessary bridge column supports and footings. � 4. Fountain will p�ovide a public easement from the St. Peter Street sidewalk to and over the escalators and thence to the skyway level pedestrian bridge. 5. Fountain will provide an air rights easement over its property for the bridge structure and such public easements as necessary to assure its connection to the building and existing or planned pedestrian concourses within the Medical Office/Gallery structures, respectively. 5. Fountain will provide a public easement affording continuous peciestrian access _ � from the sky�vay bri�'ge�throu�h the Medical/Gallery structure to the Science Museum and Apartment Stcucture on Block-7-A, all in accordance with a certain Horizontal Easement Agreement by and arxiong Fountain, City, HRA, Twenty Broad Street Leasing Compa�y, Incorporated, and the Science Museum of Minnesota. The aforesaid original easement areas shall be surveyed and described by a registered land surveyor at the expense of the HRA. � 7. That Second Parties agree to provide those members of the public who are physically handicapped with reasonably direct access within their respective buildings to elevators at the ground level and reasonably direct access from said elevators to the skyway bridge, and the pedestrian concourse system within the Viedical Office/Gallery � building; provided, however, that St. �oseph's handicapped access; which are the existing elevators on the eastern side of their building, are not within the easement areas � as hereinabove described. � 8. The parties hereto agree that an overhead directional sign may be insCalled. at the St. Joseph's end of the skyway bridge and within easement area. The location of said directional sign shall be determined jointly by the HRA and the building owner. The initial purchase of this directional sign shall be borne by the HRA if funds therefor are available. The costs of ins:allation, operating, maintaining, and repairing all signs, including that provided by developer under the Block 7-A land sale contract, shall be borne individually by the party on whose property th� sign is located. If for any - reason the location area of the eas°ment is changed, the sign shall be moved accordingiy, and the cost of removing and re-installing signs within the new easement areas shall be borne by the respective property owner(s). If the sign moving requires a change in the sign face, this shall be dor.e at the property owner's expense, and shall be consistent with the graphic design system established for skyway signs. -4- �{ � ' � �,Io . vo � � �• 9. The skyway bridge which is the subject of this Agreement shall not be operated for the purpose of advertising the name of products or businesses of any of the Second Parties or others; nor for the conduct of any commercial activity whats�ever; provided, however, nothing herein contained shall prevent the installation and maintenance _� of the aforesaid sky�vay directional signs or signs identifying the building names. 10. /�ll parties hereto agree that the hours of operation for the bridge, including access at both ends, will not be less than 6:30 a.m. to 9:00 p.m., seven (7) days a week. Hours of operation will be subject to annual review. . 11. The grant of easement(s) herein by Second Parties shall be subject to the - � . . _ _ right of grantors to �hange the location of the easement areas conditioned upon the grant of nev� easement(s) which permit the continuity of the pedestrian concourse system and pedestrian movement, and, on the further condition that the new easement area(s) shall be installed at the sole cost and expense of the grantor, and, on the further � condition that no change in the easement location(s) shall be made without first obtaining the written approval of HRA and the City, which approval v,rill not be unreasonably withheld or delayed by HRA and the City, and, on the further condition that all said new easement area(s) shall be surveyed and described by a`registered land surveyQr at the cost of the building owner. 12. f�ll construction by First Parties of the skyway bridge shall be done in a workmanlike manner, utilizing materials of reasonable quality. First Parties shall comply with all applicable building codes and local regulations. All construction pursuant to this Agreement shall be pursuant to the plans and specifications as approved by Seconc� Parties. 13. Notwithstanding anything to the contrary herein, easements given by Second Parties shall terminate in the event the pedestrian concourse system within adjoining building(s) or the skyway bridge itself is vacated, abandoned or discontinued in the manner required by law. . -5- � , - :� . � � � 2��9 IN WI?NESS WHEREOF, the parties have caused these presents to be executed � as of the day and year first above written. O � APPROVED AS T FORM: HOUSING AND REDEVELOPtJIENT AUTHORITY � � OF THE CITY OF SAINT PAUL, MINNESOTA . � � . � -� _ - By � , G� - . I the Presence of: . BY AP VED TO FORM: l CITY OF SAINT PA , INNESOTA , � �� . . - - B y s ayo In the Presence o : ; By �-�l Its Director, D par ment of Finance � and Ulanageme S rvices � In t Pres ce of: FOUNTAIN DEVELOP NT CO. � BY � • dY In the Presence of: ST. JOSE H'S I-IOSPITAL ,. . .�/ By � By , . -6- � . , � ---. _ ... � 2��49 STATE OF MINNESOTA ) � ) SS. � COUNTY OF RAI�ISEY ) � . � On this �� aay of ��E(� Ei✓��c�n, I9�, before me, a � Notary Public within and for .��County, appeared � ,�-�`�) ,�/�` and � '�"`� °�" , to me per onally knowri, ��ho, be�ng each by me-�sworn di say that they are respectively the ��,T�� /ja�,Q(?�/Z and j�3S ��' S�QpJj¢�Q�^ of the HOUSIIvG AND �EDEVELOPi NT AUTHORITY OF THE CITY F �SAINT PAUL, MINrdESOTA, the corporation named in the foregoing instrument, and that the said instrument was signed in behalf of said corporatio by authority of its Board of Commissioners, and said � � and (bE LC,�� A.t2U�/S �1� acknowledge�aid instrument as�eing t�free act and deed of said corporation. x nnnnnnnnnnnnnnn. ��.. KENNETH R. GAUTHIER � <��-=��., t ,. ��'�_ � NOTARY PUBIIC-MINNESOTA � <..- _ � f �*� WASHINGTON COUNTY � .� . My Comm.Expires Mar.31, 1965 t � - - STATE OF MINNESOTA ) . � S S• i . COUNTY OF RA2iSEY ) The fore ing ins rument was acknowledged before me this t"� day of�� , 19�°�, by George Latimer, Mayor of the City of Saint Paul, a municipal corporation of the State of r;innesota, on behalf of said City of Saint Paul. ., �-�1� N✓JV�M N ,1 . • p IEEATltd �URCHfR1 � � tlOTAf2Y PU'3LtC- t11tiGESO"�A � Aki,'.gF� CO'.�P9S1f � �'iy Coann'►.ExGivas 1�+5�1�30 � x ST�TE OF P�i:LNNESOTA ) � ) SS. , COUT:TY GF RP.MSEY ) - The foregoing instrument was acknowledged before me this �/� day of , 19�, by Bernard J. Carlson, Dircctor of Finance and Management Servzces of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul. , �c�e-fX/f^ � -.��,�� . �� VfO�ET E.LENT NOTIIa?Y P�BLIC—MtNNESOTA RAF.tSEY COU,NTY Y. Ay Comm,ss�on E�pues Dec.a 3. 1985. . , • —$— � . . � ' . . . . • � _ � ��9 � J � S TATE OF MINPIES OTA ) ,� . ) S S. COUNTY OF RANSEY ) � ' On this �r day of � L , 19 '7� , before me, a Notary Public within and for �ounty , appeared ��'�1/�,��. � � and �,� )p.(,� !�'� � h ' , to me personally known, wfio be ng�each by me duly swoi'�i; di ' s��, �hat they are respectively the ,S'E �J�� r1`/�,yZ�/ and - U� E F � �/z�S/U PI� of FOUNTAIN DEVELOPMENT CO. , the corpora�on named in the foregoing instrumen�, and that said instrument was signed on behalf of said corporation by u ority of its and said n � and F acknowledged said inst ument to e the ree act and dee of sai co oration. . � • " _ 1[MhMMMhhhMA/V�MMhMJ�/�MhMAM■ _ _ �;.,�, KENNETH R. GAUTHIER �� r.. . - �'.,�= NOTARY PUBUC-MINNESOTA � � , � �� WASHINGTON COUNTY My Comm.Ezpires Mar.31, 1985 k ■ STATE OF MINNESOTA ) ) SS. ` COUNTY OF RAMSEY ) � On this __l� day of HP�2iL , 19 7.9 , before me, a Notary Public within and for said County, appeared �'��D 1N• F,�?AuJG�y and C�A�y ,C, �4E�/C,� , to me personally known, who, being each by me duly sworn, did say that they are respectively the �e5i�/a.'�JD C'•E.O. and A�s�s�rr /�pm�u�s�ra�e of ST. JOSEPH 'S HOSPITAL, the corporation named in the foregoing instrument, and that said instrument was sigr►ed cn behalf of said corporation by authority of i ts �o9R0 pF TR�15T�3 and s aid �T Jc�S'�Pi�S /-�aSP/TTiWL anci �/� oF ,2c�s�S acknowledged said instrument to be the freei�act and deed o said corporation. �• 5 . XANAAAAA�AAAAAAR.AAAR.A�.Q '�a EMAUNE T. ZtSK � +3��++. NOTARY PUBLIC•MINNESOTA � '�� RAMSFY COUNTY ' N�y Commission ExPi�es May 15,1480 � ��d�y�-�y�"y'!7Ml1�9`�""J°Jtl'SmV V'GC�dV':•C'19'ei t� . _�_ � . _� �. � � C b . �MMITE' - C�T• CLERK � ��NK _ FINANCE G I TY O F SA I NT PA U L Council ��j�}�l,�� .��NAR��r OEAARTMEN.T File N O. { S�.yE • -'MAYOR , _ � � . . . � ` � Ordinance ord�nan�e N o._ 1�90 ` � . r � Presented By _,. Referred To Committee: Date Out of Committee By Date � . O - Vo AN ORDINANCE MAKtNG PROVISIOt� THEREFOR AND GRANTING UNTO THE HOUSING AND � � REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA � CORPORATION, AND ITS SUCCESSORS OR ASSIGNS, PERMISSION TO CONSTRUCT, MAINTAIN . -, ANO OPERATE AN OVERHEAD- PEDESTRlAN PASSAGEWAY ACROSS SAINT PETER STREET `� BETWEEN THE• INTERSECTION THEREWITH OF WEST EXCHANGE STREET AND WEST TENTN STREET. SAID OVERHEAD. PEDESTi�tAN PASSAGEWAY TO BE EXTENDED FROM SAINT JOSEPH HOSPtTAL ON THE WEST S-IDE OF SAINT PETER STREET TO THE GALLERIA BUILDING ON THE EAST SIDE OF SAINT PETER �TREET. � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: t Section 1. That permission and authority hereby are granted to the Housing and Redeveiop- ment Authority :of the City of Saint Paul, Minnesota, a Minnesota Corporation and/ or its successors in interest to construct, maintain and operate an overhead pedestrian passageway across Saint Peter Street between the intersection there- with of West Exchange Street and West Tenth Street; •Said overhead pedestrian . bridge to be extended f rom Saint Joseph Hospital on the west side of Saint Peter. ' - Street and the Gatleria Building on the east side of Saint Peter Street. � Section 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment Authority of the City : � of Saint Paut, Minnesota, for the construction, maintenance, and operation of said " E�IBIT "A" COUNCILMEN Requested by Department of: Yess Nays Butler In Favor ' Hozza Hunt Levine Against BY Maddox Showalter � ' Tedesco Form Approved b City Attorney Adopted by Council: Date - . � Certified Passed by Council Secretary BY �� . _ �, . f /1. " � ey ' � Approved by Mayor: Date Ap o d y Mayor for m sion to Council I By B ' ( I � � - . . , -2- � � ��!.� . . , �"��.�� , � ' � 1 �y9a overhead pedestrian passageway according to the plans and specifications approved by and on fiTe'with the .Department of PubTic Works• by and at the � separate cost and expense of said permittee, upon said permittee's compliance � � with the folTowing conditions: � a. That said permittee and/or its successors in interest shall, at its � own cost and expense and in accordance with all appTicable ordinances of the � City of Saint Paul, statutes of the State of Minnesota and regulations of � pubTic authority having cognizance, construct, maintain, and operate said overhead pedestrian passageway hereunder; _ b. That said perrt}ittee shall pay the costs for the publication of this ordinance; _ �, c. That said permittee shall pay the costs of administration, engineering, and inspection inclirred by the Department of Public Works due to this under- taking, said costs are estimated to be a sum of Six Hundred Doltars ($600.00) - _ :and -shal l be accounted for under separate Department of Publ ic Works Projec�. Number; � . d. That' said permittee shall furnish the Department of Public Works all documents of record that are a part of the contract or incidental to its execution including, but not limited to, addendums, award of contract, contract amount, "as built" plans, tracings and tracings of shop ptans; • '" - e. That said permittee shatl construct said overhead pedestrian passage- . • way to the satisfaction of the Directar af Public Works and in accordance with" approved plans and specifications of the Nousing and Redevelopment Authority of the City of Saint Paul, Minnesota, said plans and specifications on fFle in the Department of Public Works. Such construction shall be made in strict compti- ' . ance with the American Association of State Highway and Transportation Officiats (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a building permit issued by the Department of Community Services, Division of Housing and Building Code Enforcement; � f. That said permittee and/or its successors in interest shall fully indemnify, hold harmless, and defend the City of Saint Paut, it agents, officers and employees f rom any and atl damages, claims, losses, judgments, suits or �xpenses ard on accounY or' all claims of wi�atever nature for injury to person(s) and/or property arising out of or connected with the construction, erection, maintenance, operation and/or removal of said overhead pedestrian passageway hereunder; and that supplemental to all other obligations, on their part, jointly and/or severally, hereunder, said permittee and/or its successors in interest shall furnish and maintain and pay all premiums and other expenses therefor, Casualty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of $500,000.00 for injury to any person and/or persons in any single incident, and to the extent of $200,000.00 for damage to property ' in any single accident, indemnifying the City of Saint Paul against liability on account of ail claims of third persons for injury to person(s) and/or prop- erty arising from or connected with the construction, erection, maintenance, 1 � . __ . _3_ � � � ��,9 . �� . . , - �`��-�. . � � - � . ��yqc � operation and/or removalwof said structure hereunder� at all times, and to c�,o furn i sh competent eviderice of sa i�i -coverage, from t ime to t ime, to the D i rector �� of Finance and Management Services of the City of Saint Paul; � . � g. Tmat said permittee shatl not proc�ed. with con.struction unless and until said permittee sbail have fully comp1ied with the provisions regarding insurance and indemnTfication contained in the City of Saint Paut, Department � of Public Works "Standard Supplemental 5p�cifications for Highway Construction", . dated June 1, 1978, Section numbered 1305.2. For the purpose of this Ordinance, the aforesaid Section of said Specifications shall be read as though the word � "permittee" was substitute� for _the word "contractor" wherever same appears therein. Section 1305.2 of the`Depa-rtment of Pubiic Works, City of Saint Paul "Standard Supplementai Specificat-ions for Highway Construction" dated June 1, 1978 is he�eby incorporated herein by refe�ence as fully and as completely as if set forth he�ein verbatim., h. That said� permittee and/or its successors in interest. shatl among other things, at their own cost and expense make adequate and effective pro- visions therefor and drain all moisture, rain and snow which shall accumula�`e thereon by proper devices through said overhead pedestrian passageway and in � a manner so that the flowing and/or spiTTing of same on any part of said section of said Saint Peter Street shali be prevented at all times. Said permittee and/or its successors in interest shall maintain and operate said overhead pedestrian passageway at its sole cost and expense in a safe condition for pedestrian travel, such maintenance to include, but shall not be � imited to, glass, floor, metal trim, and hardware cleaning, polishing, and reptacement; roof maintenance; t-epainting; tight bulb replacernent and light fixture cleaning; ' � and the supply of heated and cooled air within said bridge to maintain temper- ature comparable to that normally maintained within heated and air-conditioned of f i ce spaces; , • � i. That said permittee and/or its successors in interest shall, at all times, construct and maintain all of the supports of said overhead pedestrian passageway entirely within the lines of the subject private real estate and entirely without pubtic street rights-of-way; j. That said permittee shalT notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said overhead pedestrian passageway shalt make necessary the closing of Saint Peter Street or any part thereof; all expenses incurred by the Traffic Bureau in furnishing, installing, or removing barricades, signs, aRd other control devices shalt be paid by the permittee; k. That said permittee and/or its successors in interest shalt not use any part of said overhead pedestrian passageway for any advertisement or dis- play purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising material or display shaTl be deemed prohibited by this Ordinance; 1. That said permittee and/or its successors in interest sha11, at all � pertinent times, in the construction, main�tenance, and operation of said over- head pedestrian passageway hereunder, provide respectively a minimum vertical . 13 . �� _ �� . . . � -4- , ��R��t o� j�� . ._ , %.�;�-`�. " �� • � 1i�4qa � clearance of at least 17 feet 4 inches between and throughout the course of the bottom of said struCture and, the surface of said secticn of Saint Peter Street, except as may be attered by the City's future street work; ~ � m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul LegisTative Code, as amended, pertaining to street obstructions; o— n. That�said permittee and/or its successors in interest shall complete `�. the construction and erection of said overhead pedestrian passageway by not t,�° later than one (1) year after commencement of construction. Said commencement �° shall be evidenced by Public Works' receipt of a written_notification thereof, �' . and shall be dated therein, as �further provided for under Paragraph (o) below; --� � o. Ti�at said permittee shal} notify the Bridge Engineer of the Department of Public Works before .and when construction starts and notify the same said Bridge Engineer when construction has been completed to allow for a finai inspection. ' p. That said overhead pedestrian passageway shall be removed by and a`t the sole cost and expense of. said permittee and/or its successors in interest • whenever the Council of the City of Saint Pa�l shall by Resotution determine such removal necessa ry in the pubtic interest and accordingiy order the �e- � movat of said structure from said location; ' q. That said permittee shall, within the period of ten (10) days� after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to .be bound by all the provisions� � ' terms and conditions thereof without limitation which written instrument of acceptance and agreement shail be in the form approved by the City Attorney; r. That upon the execution of an Agreement by and between the City of � Saint Paul, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, and the applicable building/property owners respecting the aforesaid pedestrian passageway over Saint Peter Street, the permittee, the Housing and . Redevetopment Authority of the City of Saint Paul, Minnesota, shall be relieved of any further obligation under. the terms of this Ordinance, and the successors in interest of the permittee, the appiicable building/property owners, shalt be responsible for paying the insurance premiums of said overhead pedestrian passageway and shall also be responsible for prvviding the maintenance and operation of said overhead pedestrian passageway; s. That upon the Hous,ing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to the above successors in interest, said permittee's successors in interest shall furnish and detive� unto the City of Saint Paul a Surety��.Bgnd ;in the amount of Fifty Thousand Dollars ($50,000.00) for said overhead �pedestrian passageway (bridge), made and executed by said permittee's successors in interest as Principal, and a Corporate 5urety Company duly authorized to transact business in the State of ' Minnesota as Surety, to and in favor of the City of Saint Paul as obligee, conditioned upon the permittee's successors in interest complying with the terms and conditions of this Ordinance and also conditioned that, in the event the permittee's successors in interest fai.t_to mai_ntairt or repair said over- , � � y • H/MITE - C�TV CLFJ'R / . PINK ' - I1N�HCE �� C I TY COUfICll � 'CANAI�Y - 0EPIINTMENT OF SAINT PAUL � . 6_�.liE' , -��MArOA . File NO. �� ^� . � . � . � �� Ordindnce Ordinance 1�0. ��'yQ� ' . a �� Presented By � � Referred To Committee: Date Out of Committee By Dafe � _s_ .li..�.�,,d -� 0 '�'o head pedestrian passa�eway to a reasonable standard of safety, or fai 1 0 �� . � remove said overhead peaestr an passageway upon order by tfie�oun , the �-- �' City of Saint Paul may undertake the maTntenance re air or rert�ial thereof . 1 an ma recover its reasonab e cost incurre thereby from sai-d suret , which '� Surety Bond shall rema n �n u - otce. an effect as ong as s id overhead pedestrian passageway or any par� thereof remains in that portion of Saint Peter Street as shown on plans on file with the Department of Public Works. The Surety Bond shall be in such form as shalt be app�oved by the City Attorney, and shall have such surety as shall be approved by the Director of Finance � Management Se rvices; t. That said permittee and/or it� successors in interest shail submit} proposed plans and specifications to the Department of Public Works for re- ' view and approval of any intended structural repairs or major maintenance work on the bridge, before any such work ts carried out. Upon completion of such structural repairs approved by the Department of Public Works, permanent re- producible tracings shell be furnished the Department showing the work done and marked with any "as buitt" changes, as well as reproducible shop drawing tracings of the same; ' u. That said permittee shall submit the necessa ry insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer in turn shall submtt said documents to the Ctty Attorney of the City of Saint . Paul for review and, if said insurance is sufficient, said documents shall be � filed wlth the Director of Finance � Management Services of the City of Saint Pau 1. Section 3. That this Ordinance shall take effect and be in'force thirty (30) days f rom and after its passage, approval and publication. mf COUNCILMEN Yeas Nays Requested by Department of: �.� Pub l i c Works Noua, Pres i dent In Favor , . � . - Hunt ^' � ( '�i C / �� / �'� v Against BY �� l�"""` C' J � � �,�---� � , ygaa r ,�, r ctor Showalter � Tedesco �AN 4 �g79 Form Approved by Cf�y A torney Adopted b ncil: - Date !' � � C ified P ed by Council ecretary BY � 1 B . � -� ✓ �/ y < A pr v d by Mayor: te �A11 f� �9�� A r ve by Mayor for Sub i 'on to Council L B} a gy (,�.�� ususH�o ,!A N 1 3 1979 � 5� � . , , . � �' ' -�� i u-_1.�..-..-� �'� `,. � .. , � � ��'�� . � _� . o► - - �o CITY OF.SAINT PAUL . "� IN7ER-DEPAR7MEN7 MEMORANDUM � � � DATE; Octoher 23 , 1978 • - � T0: S'�yway Expansion _ lock 7A File _ .. FROM: Doug Foster �St. Jose h's os ital Pedestrian Bridae REGARDING: . 7A p p The following met at PED October 11, 19�8 • i St, Joseph's Rospital: Gsry French, Ch�►ck Wick , PED: Bob Hall, Darold McMahan, Doug Foster HGA; Gary Reetz Cost Apportionment ARreement To simplify construction coordination, the public bridge and the pri�ate str��cture receiving the bridge (stair, lobby) wi.11.be publicall.y bid as • one contract, This procedure will be followed; � � 1.) Within seven (7) days of receiving bids, the successful bidder is to submit hi_s cost breakdown of the Hospital portion for review. 2.) Upon s»bstantial complet�.on of the hospitRl wor�:, the Hospital � will scbmit a check to the City for 90% of its project cost, The balance will be submitted to the city upon final completion of the � hospital portion. The Hospital agrees to accept the low qualified bidder. for the combi:�ed bridge!Hospital structure pro,ject, They also a�;ree to pay/receive lOQ% - of a11. costs/credits as a result of necessary change orders, attributable . to their portion of the work as defined by the contract drawings and � specifications. Maintenance/Operation/Repair/Easement/Hours A�reements � Two a�reements required; �. ,) Three party a�reement; City/Hospital�Medic'�1. $ldg. - Gallery Q•aner. ,n i� � „�.,.� I � `�;�, , C � � ��' . � �� , � ` ;. � '' +� S1c,yway Expansion BI ock 7A Fi�.e - ' Octoher 23, 1978 In this, the owners a�;ree to enter into an agreement on sharin;; the l� maintenance, operation and repair of the bridge. The ot�ners also O a�ree to provide easetnents on private preperty for the Skyway System - �O which lead from the second level to the ground level and t'nence [o � tbe public sidewalk. (The easement will include the air rights for 1 the bridge over private property as well as an easement for the s�►pport � � pillar and its foundation on Hospital property). The agreement will further define the operational hovrs of the Skyway. 2.) Two party Agreemerrt; Hospital/Medicel Office-Galleria Owner. � Between themselves the` owners work out the cost sharing mechanism for operation, maintenaiue and repair of the bridge and related insurance�hond; ' � avr✓,L-� � - Schedule Bill Frerichs has advised that the Medical Building will be readv for . occe�pancy in early Sprire$. The bridge connecti�n wou]_d be desirable by that time but he noted to Doug Foster (who contacted him during the � course af this meeting) that some de]ay in brid�;e completion beyond early Spring would not be ��nacceptable. • PED has decided to advertise for bids afte.r the above referred three party agreement has been executed, This means that the parties should get t�gether as soon as possible to coms to terms� We assume that the . agreement can be reso�.ved to permit a bid edvertisin� not later than 3at�vary 1, 1979, award of contract not later than Februar.y 1, 1978, � . and bridge completi�n not later than July 1, 1979. . InspecCion PED will be responsible for rn�erall insQection of the c�mbined project and for handling all administration of the cnntract and commiinication with the brid.r,e contra�tor. The Hospital wil.l inspect their portion of the work, however, all communi.cation with the contxactor is to be handled through PEII/HGA. Darold Mc2�[ahan is assigned the PED respansibili.ty for contract admi.nistration. DWF:pf cc: All at meeting:D. Ford; Pa±il Frerich; Ed Frenette: File � / � • �7UL u v 1:2i;,' �� " � r CITY OF SAINT PAUL .. . �>' �rr ' � :~`` ' O,�� r - � `"' _' DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT =_ �; '� �itllillllll e: '`� ��" '��`� �-- DIVISION OF RENEWAL .: � �'>•s�.�;�� ` , �� 25 West fourth Street,Saint Paul,Minnesota,55102 !� • 612-298-5338 GEORGE LATIMER � \a ;,, , b � MAYOR � ,� � 1� i� �t '� S4 �` �� :: � �,� �i:. . Z� � � ."' '- +-. � � 3 1��g � �-� : � July 23, 1979 � ��PR�J�CT /-� . � �,�AN�GE1�1E�S ;!�_. . �C= . Mr. Gary K. French �" ; , . �� '� Assistant Administrator , - • _�- ° - - Saint 7oseph's Hospital 69 \Vest Exchange 5treet - - St. Paul, Minnesota 55102 . . . Y Dear Mr. Frer�ch: After reviewing the Skyway Agreement, which has already been signed by the HRA, Fountain Development and St. Joseph's Hospital, the City Attorney's office has determined that certain clarifications shall be required before the City wil! sign the'Agreement. The additional points are as follows: "Under the current Skyway Areement, it is unde;stood that Fountain and St. 7oseph's are deemed to be applicable building/property owners and successors in interest to HRA as permittee under Ordinance No. 16490, and that said Agreement constitutes the Agreement referred to in Section 2.r. of said - Ordinance operating to relieve HRA of any further obligation under the terms of the Ordinance. Fountain ar,d St. �oseph's, under the Agree�nent, assume and agree to perform all the terms, conditions and obligations placed on HRA by Ordinance No. 16490, except as is expressly and separately undertaken in Paragraph 2, or elsewhere in the Agreement. '� It is furt��er understood that Fountain and St. ��sepl�'s will �urnish informafion �nder Paragraph 5 of the Agreement and will provide policy copies thereof and � renewal certificates to the City when requested by the City. It is also understood that should the City and/or its City Council wish to establish hours and other conditions and requirements for operation of the bridge as a part of the public skyway system, the terms of which vary from those of the Agreement, it is hereby agreed that acceptance of such proposed alterations shall not be unreasonably withheld by Second Parties, provided such proposed alterations are reasonable, and do not substantially change the obligations of Second Parties. In the event such proposed alterations would, in the opinion of Second Parties, substantially change the obligations of Second Parties, Second Parties agree to negotiate an amendment to the Agreement, as appropriate and acceptable to all parties." . J 8� �-�a�. , � .. ' .. , ' , M ' � y � . • . [�t ' ' �� V` �' y ' � `� Page Two - -' _ . � � Please sign this letter agreeing with the terms and conditions stated above and � pass;t on to Fountain Deveiopment for their signature. Thank you for your cooperation in this matter. If you have any further questions or comments, feel free to call me. . Sinc ely, Robert F. Hall - ` Project Manager " . RFH/bkd � cc: J. Hart, J. Segal, R. Zehring ` , , %. , . ' , /�c� ' . Saint Josep 's Hospltal � _ �� / Fountain Develop ent _�, , / . . � � r .�.��--'�'�-- �'1 y i ti' � � � � J O � --! � (f> � Y , ,+ (L � �; � O N � .-r N �n iy' C7 D � �1r7 • -., O —1 �•1 Q Ll� r--� ; N �D C 1'Tl N W� � � 7 > � � � (i7� G1 O '*' � 0 o. o (n ' n C � � � � Q � � � � .y p tn � .-+ -��i � � � i °" � `� � � z -( � Z " Ip`� ° .. � � m oQOO �- � ,� � � � � ;p . ' � �• .-. � O � Q � 3 � D � � � �� n n � > �.�• � ? c� n � � N � � � � � � .�0 p � A. ��y � —_�i, � � � � � W � � m � N - � �._. ' � � r� ,^ :0 �..?,', � Q � � N W �� p (� � cn � �ti � y � �• ` � L, � � L_ � \ ,,� � E < < . � , ' t� ' ' �y ' �j ^ ' �G d t7�� AGREEMENT THIS AGREEMENT made and entered into this �day of ,� ,1979, by anci between the HOUSING AND REDEVELOPMENT AUTHORTTY OF "fHE CITY OF SAII`�lT PAUL, MINNESOTA, a public body corporate and politic (hereinafter referred to as the "HRA") and CITY OF SAINT PAUL, MINNESOTA, a municipal corporation (hereinafter . referred to as the "City") . and FOUNTAIN DEVELOPMEP�IT CO., a Minnesota General Partnership consisting of Sherman Investment Corporation and Sheehy Properties, Inc., Minnesota corporations, (hereinafter "Fountain") and ST. JOSEPH'S HOSPITAL, a Minnesota corporation (hereinafter "St. Joseph's") That :for the purposes of this Agreement, HRA and the City wili sometimes collectively be referred to as "First Parties," and Fountain and St. �oseph's will sometimes collectively be referred to as "Second Parties:' �VITNESSETH: WHEREAS, the Cit;� and the HRA, through the Downtown Urban Renewal Project, Minn. R-20, undertook to develop a pedestrian skyway system within the Downtown Central Business District of Saint Paul, Minnesota; and WHEREAS, the City, pursuant to Chapter 764 of the laws of lYlinnesota, 1973, is authorized to operate a pedestrian skyway system; and WHEREAS, an extension of the pedestrian skyway system over St. Peter Street from the Block 7-A Medical Office/Gallery Building to the St. �oseph's Hospital Building, ` Y_ has been approved for funding as part of the Downtown Development District Bond Funds; and WHEREAS, Fountain and St. �oseph's are the owners, respectively, of the afore- mentioned structures; and WHEREAS, Second Parties are desirous of the construction of said skyway bridge between the aforesaid buildings; and ';:,` . ` , ,.' � ./+ . t ' ) ` ,`r,�� /� d 7 , � . � WHEREAS, Second Parties will derive a substantial benefit from the construction of the skyway bridge between their respective buildings; and WHEREAS, substantial public monies will be expended for the construction of the aforesaid skyway bridge over St. Peter Street to the respective structures hereinabove referenced; and WHEREAS, the City, by Ordinance No. 16490 granted the HRA permission to construct and operate a skyway bridge across St. Peter Street between Exchange and Tenth Streets, �vhich Ordinance is attacheci Fiereto as Exhibit "A" and made a part hereof by reference thereto. NOW, T'HEREFORE, BE IT RESOLVED AND AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. This Agreement is subject to the aforesaid Orclinance No. 16490 as adopted by the Council of the City of Saint Paul. 2. The First Parties agree to construct a skyway bridge over St. Peter Street connecting the Bloc�c 7-A Medical Office/Gallery Building and the St. Joseph's Haspital Building, pursuant to plans and specifications prepared by the HRA and Hammel, Green and Abrahamson dated February 14, 1979, and also known as Bid Na. A8090-S; said plans and specifications shall be subject to the approval of Second Parties. Said bridge, specifications and construction shall include the skyway bridge, support structures, necessary mechanical/electrical systems and related equipment for the heating, cooling, lighting and roof drainage of said bridge which may be connecteci to or tied into appropriate facilities within or upon one or more of the abutting buildings for purposes of roof drainage, obtaining a source of heat, cool air and electricity; glass doors at the galleria end of the skyway bridge including necessary hardware and door framing; finishing related to bridge and building connectors, and insulated or Thermopane glass to the extent glass is used to enclose said skyway bridge. Fountain agrees, at their expense, to make any necessary alterations, subsequent surveys, and improvements in the interior of and to its building in order to accommodate the skyway concourse system. As to necessary construction work on the St. Joseph's existing structure for the purpose of opening it and preparing it to receivP the skyway bridge, and as to the construction of the hospital stairway and stairtNa� te�.ver ��^n�cting with th� skyway bridge on the St. �oseph's side and proceeding downward to street level, in accordance with said plans and specifications, St. Joseph's agrees to proc�ed with the cost sharing and contract management proposals outlined in a certain memorandum -2- � • , - � ' �. : . : -�+ , L � , -; • , ' � . � �� % ��'�c � . , . . . of the Department of Planning and Economic Devel�pment dated October 23, 1978, attached hereto as Exhibit '�", and to pay the actual cost thereof, including any increased costs and change orders. 3. Fountain and St. Joseph's and/or their respective successors in interest, agree to operate and provide the necessary repairs and rnaintenance of the entire skyway bridge, its integral parts, its related easements and appurtenant structures and stairways at their sole expense and at no expense to the City or the HRA. Such maintenance shall include, but not be limited to, windo��, floor, hardware and metal trim cleaning, polishing, repair and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning. Fountain and St. Joseph's (and/or their respective successors in interest) shall also agree to share the maintenance, operating and repair costs for said skyway bridge and its related mechanical/electrical equipment. 4. A $50,000 surety bond and required insurance for hazard and liability per the attached Exhibit "A" shall be a maintenance cost to be assumed by the Second Parties and shall be shared in accordance with the agreernent for sharing of operating, maintenance and repair costs that Fountain and St. Joseph's shall enter into as herein provided. 5. Insurance for hazard and liability for all areas designated as easements for the skyway system shall be a maintenance cost to be assumed by the respective building owners. Second Parties shall furnish and maintain public liability and casualty insurance coverage with a duly licensed insurance company, wherein the Second Parties and City and HRA shall be designated as co-insureds, said insurance containing the following minimum coverages: For personal injuries, including death, $5Q0,000.00 for each occurrence; for property damage, to the extent of $200,000.00 in any single accident. The casualty insurance shall have an all risk or physical loss coverage in the amo�nt of the full replacement cost of the hridge. 6. Fountain and St. �oseph's hereby agree, for themseives, their successors and assigns, to grant to the City for the public, subject to the terms and conditions hereinafter set forth, certain easements for the limited purpose of a pedestrian �assageway , over, in and upon the pedestrian cancourse and skyway system for tne use by and benefit of the public for the limited purpose of utilizing said areas as a pedestrian thoroughfare, on, over and through their respective properties as follows: . , -3- ;-� . � 4 � � + � w � . ' � . /A .. � , ' 1. St. Joseph's will provide a public easement from the St. Peter Street � sidewalk to and over the stairs leading to the skyway level pedestrian bridge, including the area to be occupied by the stair tower. 2. St. �oseph's will provide an air rights easement over its property #or the bridge structure and connections necessary to the existing building and stair tower. 3. St. �oseph's will provide a ground and air easement, as necessary, to include necessary bridge column supports and footings. 4. Fountain will provide a public easement from the St. Peter Street sidewalk to and over the escalators a.nd thence to the skyway level pedestrian bridge. 5. Fountain will provide an air rights easement over its property for the bridge structure and such public easements as necessary to assure its connection to the buildir�g and existing or planned pedestrian concourses within the Medical Office/Gallery structures, respectively. 5. Fountain will provide a public easement affording continuous pedestrian access from the skyway bridge through the Medical/Gallery structure to the Science Museum and Apartment Structure on Block 7-A, all in accordance with a certain Horizontal Easement Agreement by and among Fountain, City, HRA, Twenty Broad Street Leasing Company, Incorporated, and the Science Museum of Minnesota. The aforesaid original easement areas shall be surveyed and described by a registered land surveyor at the expense of the HRA. 7. That Second Parties agree to provide those members of the pubiic who are physically handicapped with reasonably direct access within their respective buildings to elevators at the ground level and reasonably direct access from said elevators to the skyway bridge, and the pedestrian concourse system within the iVledical Office/Gallery building; provided, however, that St. Joseph's handicapped access, which are the existing elevators on the eastern side of their building, are not within the easement areas as hereinabove described. ° 8. The parties hereto agree that an overhead directional sign may be insCalled at the St. Joseph's end of the skyway bridge and within easement area. The location of said directional sign shall be determined jointly by the HRA and the building owner. The initial purchase of this directional sign shall be borne by the HRA if funds therefor are available. The costs of ins±allation, operating, maintaining, and repairing all signs, including that provided by developer under the Block 7-A land sale contract, shail be borne individually by the party on whose property th� sign is located. If for any reason the location area of the eas°ment is changed, the sign shall be moved accordingty, and the cost of removing and re-installing signs within the new easement areas shall be borne by the respective property owner(s). If the sign moving requires a change in the sign face, this shall be dore at the property owner's expense, and shall be consistent with the graphic design system established for skyway signs. -4- � '• , �� . . � �� , �-- , ��., �; � 9. The skyway bridge which is the subject of this Agreement shall not be operated for the purpose of advertising the name of products or businesses of any of the Second Parties or others; nor for the conduct of any commercial activity whatsoever; provided, however, nothing herein contained shall prevent the installation and maintenance of the aforesaid skyway directional signs or signs identifying the building names. 10. All parties hereto agree that the hours of operation for the bridge, including access at both ends, will not be less than 6:30 a.m. to 9:00 p.m., seven (7) days a week. Hours of operation will be subject to annual review. 11. The grant of easement(s) herein by Second Parties shall be subject to the right of grantors to change the location of the easement areas conditioned upon the grant of ne�� easement(s) which permit the continuity of the pedestrian concaurse system and pedestrian movement, and, on the further condition that the new easement area(s) shall be installed at the sole cost and expense of the grantor, and, on the further � condition that no change in the easement location(s) shall be made without first obtaining the written approval of HRA and the City, which approva! will not be unreasonably withheld or delayed by HRA and the City, and, on the further condition that all said new easement area(s) shall be surveyed and described by a`registered land surveyQr at the cost of the building owner. I2. All construction by First Parties of the skyway bridge shalt be done in a workmanlike manner, utilizing materials of reasona�le quality. First Parties shall comply with all applicable building codes and local regulations. All construction pursuant to this Agreement shall be pursuant to the plans and specifications as approved by Second Parties. 13. Notwithstanding anything to the contrary herein, easements given by Second Parties shall terminate in the event the pedestrian concourse system within adjoining building(s) or the skyway bridge itself is vacated, abandoned or discontinued in the manner required by law. . . , _ -5- , i . � ti . ' , • +'T �.^�_.,f, � . IN WITNESS WHEREOF, the parties have caused these presents to be executed as of the day and year first above written. APPROVED AS T FORM: HOUSING AND REDEVELOPMENT AUTHORITY � OF THE CITY OF SAINT PAUL, MINNESOTA . By ,� �'/l-� I the Presence of: � � ,�� BY �_��l�o �;��--.(�,o�� AP VED TO FORM: CITY OF SAINT PA , INNESOTA , � /� . By s ayo In the Presence o : By � ?� Its Director, D par ment of Finance and iVjanageme S rvices In t Pres ce of: FOUNTAIN DEVELOP NT CO. .� By . � dY / In the Presence of: ST. JOSE H'S HOSPITAL �. n � � � �.e_. �/ By By • � ,;: . . -6- . STATE OF MINNESOTA ) ) SS. COUNTY OF RArISEY ) On this � day of e�E(� �ii'I�c�n, 19�, before me, a Notary Public within and for County, appeared (��Y �' s�?�--.— and ��a N , _�._� , to me personally known, who, being each by me uly sworn di s�at they are respectively the �(� �� ,Q � and /}-,�S i . SF�,QP�R� of the HOUSING AND �EDEVEI,OP NT AUTHORITY OF THE CITY F St3INT PAUL, MINPJESOTA, the corporation named in the foregain� instrument, and that the said instrument was signed in behalf of said corporatio by authority of its Board of Commissioners, and said E. � and /�ELc;� ,�� ,g.��(�12 acknowledged aic� instrumen as eing th free act and deed of said corporation. 1[MnMMMMnMMnMnMMMMnnnnM■ s �; � KENNETH R. GAUTHIER �� NOTARY PUBLIC-MINNESOTA <;�'��fi <<� WASHINGTON COUNTY < �^` My Comm.Explres Mar.31, 1985 ti VW■ STATE OF MINNESOTA ) ) SS. . COUNTY OF RAtiSEY ) The fore ing ins rument was acknowledged before me this ��"� day of�� , 19�°�, by George Latimer, Mayor of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul. ... ��n/y�/yVVV1MiV41MMN'N�f✓VVV�M `._ ��1`�f ,�. 4h . , k � L�� .�.� LEEA1dM YURCHit� � �.C':-a `� tJOTAE2Y PU(�L1G- �7'f�;�; F � Fd�t^^a�� Nt�146'"szf t�y CoalM4�x�tives�+tr:o 3.2�t�0 � x vwwvwwvw x STATE OF MINNESOTa ) ) SS. COUP�TY GF RP.MSEY ) The foregoing instrument was acknowledged before me this .�j� day of ��ro�;,��,/ , 19�, by Bernard J. Carlson, Dir�ctor of Finance and Management Servzces of the City of Saint Paul, a municipal corporation of the State of Minnesota, on behalf of said City of Saint Paul. �C.-�?-�:e/l^ � 4�_-t?�r1/r , � , V�OtET E,tENT NOTA�RY�BUC--Mrr�HESdTA RA1dSEY COU,NTY II�Co+nnusswn Expues.Dec.a3. f98s: i � � �� . � � . . �, ...8, - . ,, '. _. • . . ., . .� � _, . . �� E�, � , � , . ' v`' � ` �� STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) � On this r��-�� day of L , 19 �, before me, a Notar Public within and for ��hunty, appeared �� 1?/hJ�s-� � and ,� )�l/�«� �, �i��r�,[Y . to me personally known, w o being each by me du y swo , di ' s�� hat they are respectively the ,$'E �IZ� rl`/�YZ�/_ and U� E £ RY��fsiuF�J of FOUNTAIN DEVELOPMENT CO. , the corporat on named in the foregoing instrumen�, and that said instrument was signed on behalf of said corporation by u ority of its and said n < and F acknowledged said inst ument ta e he ree act and dee of sai co poration. e ! kMnMMMh/W�MhnMMMMAMM�M�/v�■ � � KENNETH R. GAUTHIER �� NOTARY PUBLIC-MINNESOTA �� - �� ' WASHINGTON COUNTY � My Comm.ExpVes Mar.31, 1985 � . . . kVWVWWVVWWWW ■ � STATE OF MINNESOTA ) ) SS. COUNTY OF FZAMSEY ) On this � day of /�P�2iC. , 19 7� . , before me, a Notary Public within and for said County, appeared C�p?A�QD W• F�AWG�y and C-�A�y K. �4ENC,� , to me personalZy known, who, being each by me duly sworn, did say that they are respectively the �eSiC�iUl"/-YND L'•E.D. and Ass�s�mur Ar�m�u�s�ra.e of ST. JOSEPH'S HOSPITAL, the corporation named in the foregoing instrument, and that said instrument was signed cn behalf of said corporation by authority of i ts �,UaqRD ��TRcJST�`3 and s aid �T `/c�S�I�S /-�t�P/77�Z ana ,�, � oF�`,2;JS��S __ acknowledged said instrument to be the free act and deed o� said corporation. � � xatie,,naa�u,�,�+.��aa, "� EMALINE T. ZISK �� NOTARY PUBLIC-MINNES07A � jr��.±� y '� RAMS[Y COUNTY 1980 � ti�-'�.My Commission Expires May 15, )[�GGV�tltlGV'"tl'�'�'�''J�''!1'!N`�'J°J`V'7�9btl'd�"�'�'�'hf Y _9_ . � , . - , MNITE'� - CITY CLgqK i`+NK • � FINANCE COURCll . +�+N�!�y'-qDEAAqTMENT, GITY OF SAINT PAUL File NO. � "" '' . ; LUE,� -MAYOR , � � � . s - � � Ord�n�znce - otd,nan�e N o. I.1�qo . t Presented B�► � � � ��" / . Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVIS10t� THEREFOR AND GRANTING UNTO THE HOUSING AND - REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORATION, AND ITS SUCCESSORS OR ASSIGNS� PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDESTRIAN PASSAGEWAY ACROSS SAINT PETER STREET BETWEEN THE• INTERSECTION THEREWITH OF WEST EXCHAN6E STREET AND WEST TENTH STREET. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM SAINT JOSEPH HOSPITAL ON THE WEST SIDE OF SAINT PETER STREET TO THE GALLERIA BUILDING ON THE EAST SIDE OF SAINT PETER STREET. � THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That permtsston and authol-ity hereby are granted to the Housing a�d Redevelop- ment Authority Af the City of Saint Paul� Mtnnesota, a Minnesota Corporation and/ , or its successors in interest to construct, maintain and operate an overhead pedestrian passageway across Saint Peter Street between the intersection there- with of West Exchange Street and West Tenth Street; �Said overhead pedestrian bridge to be extended f rom Saint Joseph Hospital on the west side of Saint Peter ' - Street and the Galteria Building on the east stde of Saint Peter Street. Section 2. That the Director of Public Works ts hereby authorized to issue necessary permits to saTd permittee, the Housing and Redevelopment Authority of the City �` of Saint Paul, Minnesota, for the construction, maintenance, and operation of said EXHIBIT "A" COUNCILMEN Requested by Department of: Yeas Nays Butler . Hozza In Favor Hunt Levine Against BY Maddox Showalter � Tedesco Form Approved b City Attorney Adopted by Council: Date - � , Certified Passed by Council Secretary BY � . By ��.� t � � Approved by Mayor: Date Ap o d y Mayo for m sion to Councii By B . ,r.. ' .' ' .. ` -2- r �,j . ,�~��. ��GJ�D �J � � - . ` �49D overhead pedestrian passageway according to the plans and specifications approved by and on file with the Department of Public Works by and at the separate cost and expense of said permittee, upon said permittee's compliance with the fotlowing conditions: a. That said permittee and/or tts successors in interest shall, at fts own cost and expense and in accordance with all applicable ordinances of the City of Saint Paul, statutes of the State of Minnesota and regulations of pubtic authority having cognizance, construct, maintain, and operate said overhead pedestrian passageway hereunder; _ b. That said permittee shalt pay the costs for the publication of this ordinance; c. That said psrmittee shall pay the costs of administration, engineering� and inspection incurred by the Department of Public Works due to this under- taking, said costs are estimated to be a sum of Six Hundred Dollars ($600.00) ��d-shatl be accounted for under separate Department of Public Works Pro,ject Number; d. That said permittee shall furnish the Department of Public Works alt documents of record that are a part of the contract or incidentat to Its execution inciuding, but not limited to, addendums, award of contract, contract amount, "as built" plans, tracings and tracings of shop plans; • — e. That said permittee shall construct said overhead pedestrian passage- . way to the satisfaction of the Dtrector of Public Works and in accordance with approved plans and specifications of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, said plans and specifications on file in the Department of Public Works. Such construction shall be made in strict compli- ' ance with the American Association of State Highway and Transportation Officials (AASHTO) Specifications, as amended, and the Uniform Building Code and be authorized under a building permit issued by the Department of Cortmunity Services, Division of Housing and Building Code Enforcement; f. That said permittee and/or its successors in interest shall fuily indemnify, hold harmtess, and defend the CTty of Saint Paul, it agents, officers and employees from any and all damages, claims, losses, judgments, suits or expenses and on account of all claims of whatever nature for injury to person(s) and/or property arising out of or connected with the construction, erection, maintenance, operation and/or removat of said overhead pedestrian passagevray hereunder; and that supplemental to all other obtigations, on their part, jointly and/or severatly, hereunder, said permittee and/or its successors in interest shatl furnish and maintain and pay all premiums and other expenses therefor, Casualty Insurance Coverage, with a duly licensed Casualty Insurance Company to the extent of $500,000.00 for injury to any person and/or persons in any single tncident, and to the extent of $200,000.00 for damage to property in any single accident, indemnifying the City of Saint Paul against liability on account of all claims of third persons for injury to person(s) and/or prop- erty arising from or connected with the constructiort, erection, maintenance, " ... . . • - , • . ,: ° " ' �3 � • ' . � ' . �� . � � �� 9 operation and/or removat of said structure hereunder, at all times, and to � � furnish competent evidence of said coverage, from time to time, to the Director of Finance and Management Services of the City of Saint Paul; g. That said permittee shalt not proc�ed, with construction unless and until said permittee s6all have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department � of Public Works "Standard Supplemental Speciffcations for Highway Construction", dated June 1, 1978, Section numbered 1305.2. For the purpose of this Ordinance, the aforesaid Section of said Specifications shall be read as though the word "permittee" was substituted for the word "contractor" wherever same appears therein. Section 1305.2 of the Department of Public Works, City of Saint Paul "Standard Supplemental Specifications for Highway Construction" dated June 1, 1978 is hereby incorporated he�ein by reference as fully and as completely as if set forth herein verbatim. h. That said permittee and/or its successors in interest� shall among other things, at their own cost and expense make adequate and effective pro- visions therefor and drain alt moisture, raTn and snow which shalt accumulate thereo� by proper devices through said overhead pedestrian passageway and in a manner so that the flowing and/or spilling of same on any part of satd section of said Saint Peter Street shall be prevented at ali times. Said permittee and/or its successors in interest shatl maintain and operate said overhead pedestrian passageway at its sole cost and expense in a safe condition fo� pedestrian travel, such maintenance to include, but shall not be limited to, gtass, floor, metal trim, and hardware cleaning, polishing, and replacement; roof maintenance; repainting; light bulb replacement and light fixture cleaning; � and the supply of heated and cooled air within said bridge to maintain temper- ature comparable to that norrnally maintained within heated and air-conditioned office spaces; . . i. That said permittee and/or its successors in interest shall, at all times, construct and maintain all of the supports of said overhead pedestrian passageway entirely within the lines of the subject private reat estate and entirely without public street rights-of-way; ,j. That said permtttee shall notify the Traffic Bureau of the Department of Public Works if the construction or maintenance of said overhead pedestrian passageway shall make necessary the closing of Saint Peter Street or any part thereof; atl expenses incurred by the Traffic Bureau in furnishing, installing, or removing barricades, signs, aAd other control devices shall be paid by the permittee; k. That said permittee and/or its successors tn interest shall not use any part of said overhead pedestrian passageway for any advertisement or dis- play purposes, without the written consent of the City of Saint Paul and the application thereto of any advertising material or display shalt be deemed prohibited by this Ordinance; 1. That said permittee and/or its successors in interest shatl, at alt pertinent times, in the construction, maintenance, and operation of said over- head pedestrian passageway hereunder, provide respectively a minimum verticat . • f' ' • -:: . .', ' , - -4- , ��.�� , . f�4qa , clearance of at least 17 feet 4 inches between and throughout the course of the bottom of said structure and the surface of said section of Saint Peter Street, except as may be aTtered by the City's future street work; � m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Code, as amended, pertaining to street obstructions; n. That� said permittee and/or its successors in interest shall complete � the construction and erection of said overhead pedestrian passageway by not later than one (1) year after comnencement of construction. Said commencement shall be evidenced by Public .Works' receipt of a written notification thereof, . and shall be dated therein, as further provided for under Paragraph (o) below; o. That said permittee shall notify the Bridge Engineer of the Department of Public Works before and when construction starts and notify the same said Bridge Engineer when construction has been completed to allow for a finai inspection. p. That said overhead pedestrian passageway shatt be removed by and at the sole cost and expense of_said permittee 'and/or its successors in interest whenever the Councit 'of the City of Saint Paul shall by ResoTution determine such removal necessary in the public interest and accordingly order the re- moval of said structure from said locatian; � q. That said permittee shalt, within the period of ten (10) days� after the publication of this Ordinance, file with the City Clerk its written acceptance of this Ordinance and agreement to be bound by all the provisions. terms and conditions thereof without limitation which written instrument of acceptance and agreement shaTl be in the form approved by the City Attorney; r. That upon the execution of an Agreement by and between the Ctty of Saint Paul, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, and the applicable building/property owners respecting the aforesaid pedestrian passageway over Saint Peter Street, the permittee, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, shall be retieved of any further obligation under the terms of this Ordinance, and the successors in interest of the permittee, the appticable buitding/property owners, shall be responsible for paying the insurance premiums of said overhead pedestrian passageway and shall also be responsibte for providing the maintenance and operation of said overhead pedestrian passageway; s, That upon the Housing and Redevelopment Authority's conveyance of its obligations under the terms of this Ordinance to the above successors in interest, said permittee's succe�sors in interest shall furnish and deliver unto the City of Saint Paul a Surety�:.Bonc� ,in the amount of Fifty Thousand Dollars ($50,000.00) for said oYerhead pedestrian passageway (bridge), made and executed by said permittee's successors in interest as Principat, and a Corporat� �Surety Company duly authorized to transact business jn the State of Minnesota as Surety, to and in favor of the City of Saint Paut as obligee, conditioned upon the permittee's successors in interest complying with the terms and condit�ions of this Ordinance and also conditioned that, in the event the permittee's successors in interest fa_i1 tQ.ma.intain__or _repair said over- • NMIT6"� - CIT♦ CLCNR % . PINK ' � i1NANCE �� G I TY COYIICII • � 'tANARYr DEPARTMENT OF SA I NT PAUL � �'QLIi.E' -�MAr01� . File N 0. � ^� ` � �'' Ordindnce • - .. Ordinance N�. � � � � ``�� , . e Presented By � ' � Referred To Committee: Date Out of Committee By Date -5- ,C�"..��,,,� .c,,-�v head pedestrian passa�eway to a reasonable standard of safety, or fail�o ��"/� . remove said overhead pedestrfan passageway upon order by tfie�Coun ;the � City of Saint Paul may undertake the ma_intenance, repa_ir or re al thereof �� an�ma_y recover its reasona e cost incurred thereby _from sa+d suret , which Su'rety Bond shall re�nTn��`uTf�orce. an e� ffect as long�as s id overhead pedest�ian passageway or any part thereof remains in that portton of Saint Peter Street as shown on plans on file with the Department of Pubtic Works. The Surety Bond shall be in such form as shalt be approved by the City Attorney, and shall have such surety as shall be approved by the Oirector of Finance t� Management Services; t. That said permittee and/or itS successors in interest shall submit proposed plans and specificattons to the Department of Publtc Works for re- view and approval of any intended structural repai 'rs or major maintenance work on the bridge, before any such work is carried out, Upon completion of such structural repairs approved by the Department of Public Works, pern►anent re- producible tracings shatl be furnished the Department showing the work done and marked with any "as buitt" changes, as well as reproducible shop drawing tracings of the same; u. That said permittee shall submit the necessarji insurance documents to the Office Engineer of the Department of Public Works. The Office Engineer in turn shall submit said documents to the City Attorney of the City of Satnt . Paul for review and, ff said insurance is sufficient, said documents shall be filed with the Director of Fi�ance � Management Se rvices of the City of Saint Pau 1. Section 3. That this Ordinance shalt take effect and be in'force thirty (30) days from and after its passage, approval and publication. mf COUNCILMEN Requested by Department of: Yeas Nays � �.�i.e--�' � Pub 1 i c Works Hozza, President In Favor , . Hunt ' d, t (jl� � � �-`'�� Against By l..J �--� � , ygaa r ,; r ctor Showalter � � Tedesco Adopted b cil: - Date �AN 4 1979 Form Approved by Ci'�y A torney �. � C ified P ed by Council ecretary BY � , � � . � By 'l A r v d by Mayor: te A!� !� t9�_ A r ve by Mayor for Sub i 'on to Council L B By _ �-^��-- puetisK�o ,!A N 13 1979 �i�c.,z.�—�--K - � � �� j� C �Z�� --.c�—�-�--- , •�: • . . .i. �. � ° CITY OF SAINT PAUL � INTER-DEPARTMENT MEMORANDUM � ' DATE: Octoher 23 , 1978 • T0: S'�yway Expansion lock 7A File FROM: Doug Foster REGARDING; . �A�St. Joseph's `Hospital Pedestrian Brid�;e The following met at PED October 11, 1978 St, Joseph's Hnspital: Gary French, Ch��ck Wick PED: Bob Hall, Darol.d McMahan, Doug Foster HGA; Gary Reetz� Cost Apportionment Agreement To simplify construction coordination, the public bridge and the prirate strncture receiving the bridge (stair, ].obby) wi.11.be publicall.y bid as one contract. This procedure wi11 be £�llowed: � � 1.) Within seven (7) days of receiving bids, the successful bidder is to submit hi.s cost breakdown of the Hospital portion for review. 2.l Upon s�ibstantial comp.let�.on of the hospit�l wor��, the Hospital will sc�mi.t a check ta the City for 90% of its projsct cost, The - balance will be submitted to the city upon final compl.etion of the hospital portion. The Hospital agrees to accept the low qualified bidder. for the combined bridge!Hospital struct�*re project. They also a�;ree to pay/receive 1dQ% - of all_ costs/credits as a result of necessary change orders, attributab�e to their portion of the work as defined by the contract drawings and � specifications. Maintenance/Operation/Repair/Easement/Hours A�reements � Two agreements required; �. .) Three party a�reement; City/Hospital�rtedic'a1. Bldg. - Gallery Q'aner. � ,� � ,D� r�. �� '�T1r' _ _ _ __ _ __ _. . .. . .�. � . � � '/ � ' � ... �r'. w _ � � �, jC, �1 � � � : ' � Stc,yway Expansion Bl ock 7A Fil.e October 23, 197R In this, the owners arree to enter into an a�reement on sharin;; the maintenance, operation and repair o£ the bridge. The owners also agree to provide easements on private property for the Skyway System - _ which lead from the sec.ond level to the ground level and thence to the public sidewalk, (The easement will include the air riphts for the bridge over private Qroperty as well as an easement for the s��pport � pillar and its foundation on Hospital property). The agreemenE will further def_ine the operational hnurs of the Skyway. 2,) Two Party Agreeme�t; Hospital/Medical Office-Galleria dwner. Between themselves the owners work out the cost sharing mechanism for operation, maa.ntenance and repair of the bridge and related insurance�hond. � �� Schedule � $ill Frerichs has advised that the Medical Building will be ready for occupancy in early Spring. The bridge connection woul.d be desirable by that time but he noted to Doug �oster (who contacted him during the course of this meeting) that some delay in bridge completion beyond early Spring would not be unacceptable. - PED has d�cided to advertise for bids after the ab�ve referred three Qarty agreement has been executed. This means that the parties should get together as soon as possible to com� to terms. We assume that the agreement can be resol,ved to permit a bid advertisina not later than January I, 1979, award of contrac�t not later than Februar.y I, 1978, � and bridge completion not later than July 1, 197g. InspecCion PED will be rsspons�ble for o.►erall inspection of the combi.ned pzoject and for handlin� all administration of the contract and communication with the brid.r,e contra�tor, The Hospital will inspect their portion of the work, however, all communi_cation with the contxactor is to be handled through PED/HGA. Darold Mct4ahatt is assi�cted the PED respnnsibili.ty for contract admi.nistration. DWF:pf cc: A11 at meeting:D. Ford; Pa�.il Freri.ch; Ed Frenette: File � � . ' � , r` � y' !� ��'�'� � r CITY OF SAINT PAUL ` ��.:i�c�rr oy.'._. � ='`F0� O?ri�. "w ' `'�' y` DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT �a �—� ��: �� 'iiii'a ii�ul >'` ''� `1� °- DIVISION OF RENEWAL .;� ,._ ;,,. � ��:r., isa• �� , i,:s� 25 West Fourth Street,Saint Paul,Minnesota,55102 `� 612-298-5338 GEORGE LATIMER � \•�� p � �L- �+ MAYOR `7 � ti I�. �t - �- � � � , �� ' � � '� � z � _3 �g�9 � ,-_ D�� - : July 23, 1979 ` pRp�EC�j i 4� ` _ � MPNAGEM�-� •� . �� , � : Mr. Gary K. French f _ y , Assistant Administrator �'"� • Saint Joseph's Hospital 69 �`Vest Exchange Street St. Paul, Minnesota 55102 . . • � Dear Mr. French; After reviewing the Skyway Agreement, which has already been signed by the HRA, Fountain Development and St. �oseph's Hospital, the City Attorney's office has determined that certain clarifications shall be required before the City will sign the Agreement. The additional points are as follows: "Under the current Skyway Areement, it is unde:stood that Fountain and St. Joseph's are deerned to be applicable building/property owners and successors in interest to HRA as permittee under Ordinance No. 16490, and that said Agreement constitutes the Agreement referred to in Section 2.r. of said Ordinance operating to relieve HRA of any further obli;ation under the terms of the Ordinance. Fountain and St. Joseph's, under the Agreement, assume and agree to perform all the terms, conditions and obligations placed on HRA by Ordinance No. 16490, except as is expressly and separately undertaken in Paragraph 2, or elsewhere in the Agreement. �� It is furt�ier understoo� that Fountain and St. :1�sept�'s will furnish information under Paragraph 5 of the Agreement and will provid� policy copies thereof and renewal certificates to the City wnen requested by the City. It is also understood that should the City and/or its City Council wish to establish hours and other conditions and requirements for operation of the bridge as a part of the public skyway system, the terms of which vary from those of the Agreement, it is hereby agreed that acceptance of such proposed alterations shall not be unreasonably withheld by Second Parties, provided such proposed alterations are reasonable, and do not substantially change the obligations of Second Parties. In the event such proposed alterations would, in the opinion of Second Parties, substantially change the obligations of Second Parties, Second Parties agree to negotiate an amendment to the Agreement, as appropriate and acceptable to all parties." �� ' • . . .: _ .//{-� ~�y` � ` � � . . . � L� `.� � ... '� ( � / Page Two - Please sign this letter agreeing with the terms and conditions stated above and pass it on to Fountain Development for their signature. Thank you for your cooperation in this matter. If you have any further questions or comments, feel free to call me. Sinc ely, Robert F. Hall Project Manager , RFH/bkd cc: J. Hart, J. Segal, R. Zehring I � i� - � / ' � � /1.�� Saint Josep 's Hosp�tal .7' �� Fountain Develop ent __.. __ �, , / � _ �--� : DEPARTMEHT: P.E.D. ' CONTACT: Darold M. McMahan ROUTING At�n EXPLANATI�N SNEET PNONE: 292-6�ai � GREEN SNEET ' For Admitt3strative Orders, Resolutions, 4rdi.aances and Agre�anents ROUTING ORDER - ROUTE BY RSSjGNED N BE : JUf� �1 - �{�&Z 3 D I R EC'GE}R Of"MANAC�EMENT MAYORS O�FICE 1 William G. Pearson 4 MAYOR _� DEPARTMENT DIRECTQR DIRECTOR, FINANCE & MGT. SERYICES - CITY ATTORNEY �� CITY �LERK . _ . - BUDGET DIR�CTOR `ACTION REALIESTED �GL�P A�(,,,,,�QCQTIb��, FQR MAYORAt.�,,SiGNATLtRE): . Approval �or sulsnission to Council of Resolution. �IHAT WI t B� ACHIEV D BY TA�iNG AGTID(� ON TH� ATTAGHET� MATEf2fA�S �PI�ReQSE ANjL RA�j,��{;�L.E��: This will formally record Skyway Concourse Agreement.` As a matter of public record, the agreement becomes a covenant running with the land and improvements '. � thereon. FiNANCIAL, BLiDGETAR�(„9,�tD PFR„ NN �MPA�T.�jyTIGiPATEIl: NONE � ATTAGHMENTS tLIST AlL ATTACHMfNTS): . �.� 2 copies 'of executed skyway agreement dated l2/19/79 , 2. 3. N ecwe nev.cew neceaa.c.ty on a.ttccc er�t o te o cu.ng auppox,tcng oeumen.ta 'OtpanAnent : _ . C.i;�ty A,ttonneg: J. Counc.i.� Reao.ewL�on Reqwi�c¢d? XyES NO 1. Ke6o.Cwti.an? X f�'S NO 2. Tnaunance Req;�,Ened? YES X NO 2. :inawcance Sud�.C.i.E�r.t? YES NO 3. Inbun,ance A,Ltuched? YES X NO I�uisiart OMt4/29/82 . . D�aRrr�EHt:�� `�� _ � � co�acr:�t3�,a,�,��i�,,�..�_.� ROUTIN6 ar�n EXPLANAT14N SMEET pHp�; 2g z — G �zT_. GREEN SHEET Por Administrative Orders, Reaolutions, Ordinsncea aad AQreemeats RQUTIN6 ORDER - ROUTE BY ASSIGNE� NLMBER; � �_ DIRECTOR OF MANAGEMENT _ ,� G✓ � MAYQR Z-- DEPARTMENT DIRECTOR -^— DIRECTOR�' FINANCE � MGT. SERYICEa '�� CITY A7TORNEY � CITY CLERK - BUDGET DIRECTOR . . . . ACTION REAL STEri (C iP A ATIONS FOR MAY�RAL SiGNATURE)S �j,pzo��oc r—vtis�e��sr�i�' Tv Cc�,�,u � dr= 2 f1.c3o�vn�Ns , , YE1�T WILI BE AGHtEVEIf BY TAKiNG ACTION QN THE ATTACHFD MATERIALS �PURPDSE AND RAT2�: TI'"�/cs (�1[�C.. r"U�•M�OGC•/ �.�(7T--�t-{� � S/�'Sil�lO Y G oNC:GU/LSCi /�l 6/Ltrb7i-sZ>�+P.r, l�' .!J /vW��- O�= �v�3G t� �L,t7Z.t,Y�✓.�j �{ � p 6/LM-y1r[y�.�3 � �C�►/�t (f' . - �uc�c�r��TS (Z.C.)NN/NG _ �✓1.T7� T7�/� L �a•i.� �p n�� r/�iL avl��i3 T�b�h��. - .FINANCiAL. Bl�E7aRY A!!D PERSONNEL II+LP�TS ANTtGIPATEDt NoN� A7TACHMENTS �LIST AtL ATTACHl�NTS): 1. � G�iv-3 0I= G�pC z ��'r� S/z S�G'•try i;16c�b2'7�tC�!' JN�'� ,2�f'�7� Z � �, << <. � .� �� J-/��' 3. � e a.ev.�¢iu nueae.c.ty on ent o e o � euppon.tcr.� oc.�men.ta r� ye�u,tMant - • Ci,ty A,ttonney: i. Counc,i.0 Reeolu.ti.on R¢qu,inedt ✓YES NO 1. Re,ec.�,t.i.on? ✓yES NO t. IneuRSC,cce Re.q:,.i,rt.edi VES '�NO Y. tneunance Sa6�i.c.�en.t.' YFS �VO ' , 3. Inscv�ance A,ttaci►edi _YES �!NO _ . . _ _ ,......�,aio,