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274470 yq �_ , WHITE - CITV CLERK 'p �� `: , �✓ � �INh - RIt�ANCE COl�I1C11 %�'� � '' �; m � BIUERY-M�VORTMENT GITY OF SAINT PAUL File NO. � � � Ordin�nce Ordinance N0. ' �lV�� Preseated By _ �J� , Referred To Committee: Date Out of Committee By Date AN ORDINANCE MAKING PROVISION THEREFORE AND GRANTING UNTO THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, A MINNESOTA CORPORA- TION, AND ITS SUCCESSORS OR ASStGNS, PERMISSION TO CONSTRUCT, MAINTAIN AND OPERATE AN OVERHEAD PEDES- TRIAN PASSAGEWAY ACROSS ROBERT STREET BETWEEN THE INTERSECTION THEREWITH OF EAST FIFTH STREET AND EAST SIXTH STREET. SAID OVERHEAD PEDESTRIAN PASSAGEWAY TO BE EXTENDED FROM THE AMERICAN NATIONAL BANK BUILD- ING ON THE WEST SIDE OF ROBERT STREET TO THE FARM CREDIT BANK ADDITION ON THE EAST SIDE OF ROBERT STREET. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Sect i on i. That permission and authority are hereb� granted to the Housing and Redevelopment Authority of the City of Saint Pau1 , Minnesota, a Minnesota Corporation and/or its successors in interest to construct, maintain and operate an overhead pedestrian passageway across Robert Street between the intersection therewith of East Fifth Street and East Sixth Street. Said overhead pedestrian passageway to be extended from the American Nat- ional Bank Building on the west side of Robert Street to the Farm Credit Bank AddPtion on the east side of Robert Street. COUNCILME[�1 Requested by Department of: Yeas Nays Publ i C WorkS Butler In Favoc Hozza Hunt �/ Levine Against BY �� Maddox Donald E. Nyga d, Di re t (TJE/RAH) Showalter TedesCO Form Approved by City tt r y Adopted by Council: Date Certified Passed by Council Secretary BY By �-- Approved by Mayor: Date App by Mayor for u i ion to Council By By ' , 1 t�Le�f� - . � .� - 2 - Sectton 2. That the Director of Public Works is hereby authorized to issue necessary permits to said permittee, the Housing and Redevelopment AuthorTty of the City of Saint Paul , Minnesota, for the construction, maintenance and operation of said overhead pedestrian passageway ac- cording to plans and specifications approved by the Department of Public Works and at the separate cost and expense of said permittee, upon said permPttee's compliance with the following conditions: a. That saPd permittee and/or Pts successors in inter- est shall at its own cost and expense and in accord- ance with all applicable ordinances of the City of Saint Paul , Statutes of the State of Minnesota and regulations of publtc authority having cognizance, construct , maintain and operate said overhead ped- estrian passageway hereunder; b. That said permittee shall pay the costs for the pub- lication of this Ordinance; c. That said permittee shall pay the costs of adminis- tration, engineering and inspection incurred by the Department of Public Works due to this undertaking. Said costs are estimated to be a sum of One Thousand Dollars ($1 ,000.00) and shall be accounted for under a sepa rate Department of Public Works Project Number; d. That said permittee shall furnish the Department of Public Works all documents of record for said over- head pedestrian passageway that are part of the con- tract or incidental to its execution including, but not limited to, addendums, award of contract , con- tract amount, "as built" plans, tracings, and trac- tngs of shop pians; e. That said permittee shall construct said overhead pedestrian passageway to the satisfaction of the Dir- ector of Public Works and in accordance with approved plans and specifications of the Housing and Redevel- opment Authortty of the City of Saint Paul , Minnesota, said plans and specifications on file in the Depart- ment of Public Works. Such construction shall be made in strict compliance 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 inter- est shall fully Pndemnify, hold harmless, and defend the City of Saint Paul , its agents , officers and em- ployees from any and all damages, claims, losses, , 1 (�,y-� , . . . _ . - 3 - judgments, suits or expenses and on account of all claims of whatever nature for injury to persons and/or property arising out of or connected with the construction, erection, mainte�ance, operation and/or removal of said overhead pedestrian passage- way noted 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 tnsurance Company to the extent of $500,000.00 for PnJury to any person and/or persons in a single inc�dent and to the extent of $200,000.00 for dam- age to property in any single accident, insuring the CPty of Saint Paul against liabitity on account of of alt claPms of third persons for injury to per- son(s) and/or property arising from or connected with the construction, erection, maintenance, oper- ation and/or removal of said structure hereunder, at all times, and to furnish competent evidence of said cove rage, from time to tPme, to the Director of Finance and Management Services of the City of Saint Paul. That such minimums shall be subject to increase by action of the Council in the event the statuatory municipal liability limits are al- tered tn any way hereafter; g. That said permittee shall not proceed with con- struction unless and until said permtttee shall have fully cmnplied with the provisions regarding insurance and inderr�ification contained in the City of Saint Paul , Department of Public Works "Standard Supplemental Specifications for Highway Construction" dated July 10, 1979, Section Number 1305.2. For the purpose of this Ordinance the aforesaid Sectton of said Specifications shall be read as though the word "permittee" was substituxed for the word "contractor" wherever same appears the rein. Section 1305.2 of the Department of Pub- lic Works, City of Saint Paul "Standard Supplement- al Specifitations for Highway Construction" dated July 10, 1979, is hereby incorporated herein by re- ference as fully and as ccxnpletely as if set forth he rein verbatim; h. That sa�d permitee and/or its successors in inter- est, shall among other things, at their own cost and expense make adequate and effective provisions therefor and drain all moPsture, rain and snow which shall accumulate thereon by proper devices through said overhead pedestrian passageway in a manner so that the flowing and/or spilling of same � � _ � � �� - 4 - on any part of Robert Street shall be prevented at all times. Said permittee and/or its successors in interest shall matntain 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 limited to, glass floor, metal trim and hardware cleaning, pol- ishing and replacement; roof maintenance; repaint- ing; light bulb replacement and light fixture clean- ing; and the supply of heated and cooled air within satd bridge to maintain temperatures comparabte to that normally maintained within heated and aircon- dittoned office spaces, except as may be altered by energy conserVation guidelines; i . That said permittee and/or its successors Pn inter- est shall at all times, construct and maPntain all of tF�e supports of said overhead pedestrian passage- way entPrely within the lines of the subJect private real estate and entirely without public street right- of-way; j. That said permittee shall notify the Traffic Bureau of the Department of Public Works if the construct- ion or maintenance of said overhead pedestrian pass- ageway shall make necessary the closing of Robert Street or any part thereof; all expenses incurred by the Traffic Bureau in furnishing, installing, or removing barricades , signs, and other control devices shall be paid by the permittee; k. That said permittee and/or its successors in interest shall �ot use any part of said overhead pedestrian passageway for any advertisement or display purposes , without the written consent of the City of Saint Paul and the application thereto of any advertising mater- ial or display shall be deemed prohibited by this OrdPnance; 1 . That said permittee and/or its successors in interest shall , at alt pertinent times, in the construction, maintenance and operation of said overhead pedestrian passageway hereunder, provide a minimum vertical clearance of at least 17 feet 4 inches between and throughout the course of the bottom of satd structure and the surface of Robert Street, except as may 13e al- tered by the city's future street work; m. That said permittee expressly agrees to comply with Chapter 216 of the Saint Paul Legislative Co�e, as amended, pertaining to street obstructions; k�� . . � . � . . - 5 - 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 com- mencement shall be evidenced by Public Works' receipt of a written notiftcation thereof, and shall be dated therein, as further provided for under paragraph (o) below; o. That said permittee shall notify the City Bridge Engin- eer of the Department of Public Works before and when constructton starts and notify the same said Bridge En- gineer when construction has been completed to allow for a final inspection of sa�d overhead pedestrian pass- ageway hereunder; p. That said overhead pedestrian passageway shall be remov- ed by and at the sole cost and expense of said permittee and/or its successors in interest whenever the CouncPl of the City of Saint Paul shall by Resolution determine such removal necessary in the public interest and accord- ingly order the removal of said structure from said loca- tion; q. That said permittee shall , within the period of ten days after the publication of this Ordinance, ftle with the City Clerk its written acceptance of thts OrdPnance and agreement to be bound by all the provisions, terms and conditions thereof w�thout limitation which written in- strument of acceptance and agreement shall 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 afore- said pedestrian passageway, the permittee, the Housing and Redevelopment Authority of the City of Saint Paul , Minnesota, shatl be relieved of any further obligation under the terms of thls Ordinance, and the successors in lnterest of the permittee, the applicable building/pro- perty owners, shall assume such obligations incisading responsibiltty for paying the insurance premiums of said overhead pedestrian passageway connecting their build- ings and responsibility for providing the maintenance, repair and operatTon of same; s. That upon the Housing and Redevelopment Authority's con- veyance of its obltgations under the terms of this Ordin- ance to the above successors in interest, said permittee's successors in interest shall furnish and deliver unto the . . , 1 C�C�� , . . . �r- , . . , . ; , - 6 - City of Saint Paul a Surety Bond in the amount of One Hundred Thousand Dollars ($100,000.00) for said overhead pedestrian passageway, made and ex- ecuted by satd permittee' s successors in interest as Principal , and a Corporate &urety Company duly authorQzed 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 permit- tee's successors in interest fail to maintain, op�rate or repair satd overhead pedestrian pass- ageway to a reasonable standard of safety, or fail to remove satd overhead pedestrian passage- way hereunder upon orde r by the Council , the City of Saint Paul may undertake the maintenance, operatPon , repair or removal thereof and may re- cover its reasonable cost incurred thereby from said surety, which Surety Bond shall remain in full force and effect as tong as said overhead pedestrian passageway or any part thereof remains within the public street rights-of-way. The Sur- ety Bond shall be in such form as shall be ap- proved by the City Atto rney and shall have such surety as shall be approved by the Director of Finance and Management Services; t. That said permittee and/or its successor in inter- est shall submit proposed plans and specifications to the Department of Public Works for review and approval of any intended structural repairs or major maintenance work on satd bridge, before any such work is carried out. Upon completion of such structural repairs approved by the Department of Pubi ic Works, permanent reproducible tracings shall be furnished the department showing the work done and marked with any "as built" changes, as well as reproducible shop drawing tracings of the same; u. That the successors in interest to the permittee shall submit the necessary 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 Saint Paul for review and, if said insurance is sufftc�ent , said documents shall be filed with the Director of Finance and Management Services of the City of Saint Paut . WHITE - �ITY CLERK � »�' � 'f �4,�a� PIM![ — iiNANCE �CANARV'—bEPARTMENT GITY OF SAINT PAITL COUIICII �^ . y , BL�E — MAVOR File NO. ` � I • � 0 rdindnce Ordinance N�. �� `� Presented By Referred To Committee: Date Out of Committee By Date Section 3. That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. COUIVCILMEN Yeas _jy��AHON Nays / Requested by Department of: ,� �� In Favor P W Hunt J L.evine Against BY ' ' � na . aar , e Showa 19ao � sco MAR 1 i Form Approved by ity to ey Adop by Coun � Date rtified P ed C cjl Secret BY Appro e a r: Date R 3 1980 Ap r v d by Mayor r u mi st�n to Council By ,. � BY R�et.tS�tED MAR 2 2 1980 r: � ' • �1 - � � �� . �' �� t AGREEMENT THIS AGREEMENT is made and entered into this � ! � day of �0%Ir/1�E� , 1980, by and between the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, � a Minnesota public body corporate and politic, hereinafter referred to as the ��HRA" ; the CITY OF SAINT PAUL, a municipal corporation, hereinafter referred to as the "City" ; the following federally chartered corporations created and existing under the �aws of the United States of America, and known and referred to as the Farm Credit Banks of St. Paul, to wit: ST. PAUL BANK FOR COOPERATIVES, FEDERAL INTERMEDIATE CREDIT BANK OF ST. PAUL, and THE FEDERAL LAND BANK OF SAINT PAUL, hereinafter collectively referred to as "FCB" ; and SAN FRANCIS- CO REAL ESTATE INVESTORS, a California real estate investment trust, hereinafter referred to as the "Trust" . WITNESSETH: `VHEREAS, the City 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, hereinafter referred to as the "System" ; and WHEREAS, the City, pursuant to Chapter 764 , Laws of Minnesota 1973, is authorized to operate the System; and WHEREAS, FCB is constructing upon Parcel G-9 of Block G, that block bounded by Robert, Jackson, Sixth and Fifth Streets, an office building (hereinafter referred to as "FCB Building") pursuant to a Contract for Sale of Land for Redevelopment dated . ` � �t� � :,: April 23, 1979, which contract provides for certain undertakings with respect to the construction and extension of the System; and WHEREAS, Trust is the owner of Parcel F1 and the air rights to Parcel F3 and the improvements located thereon on Block F, hereinafter referred to as the "Trust Building" ; and WHEREAS, in the event development occurs on Block 40 and a skyway pedestrian bridge is agreed to by FCB and constructed across Jacksdn Street from the FCB Building to such development, the parties hereto believe it to be desirable that the System be extended by public easement from the Trust Buildinq across Robert Street and through theffF'CB buildings to the skyway bridge across Jackson Street, and declare their intention tc so extend the System; and WHEREAS, an extension of the System over Robert Street between East Sixth Street and East Fifth Street from the Trust Building on the west, to the FCB Building on the east, has been approved as part of the Seventh Place Redevelopment Project Plan which plan was approved by the Council of the City of St. Paul , on December S, � 97R , in Council File No. 272155, and has been filed with ti�e Ci ty f;�� :-.- �<- �f �:li^ �ity c�: a�. Pai.il; and WHFr7-�,'��, , ±�,�. �u_�,� , : � ��:�: , of thc� ��t.E4�n i-�t_�,:essitates pedestrian ingress, egress aT��d transit througr, certain portions of the Trust Building and FCB Buildings; and WHEREAS, all parties hereto are desirous of the construction of the skyway bridge over Robert Street; and -2- t , � '� • �� 1 � X WHEREAS, substantial public monies will be expended for the design and construction of said skyway bridge over Robert Street; and WHEREAS, a benefit will inure to the respective property owners by virtue of being linked to the System, and further benefit will inure to them when the system is extended as above described; and WHEREAS, the City by Ordinance No. 16643, Council File No. 274470, granted the HRA. permission to construct and operate a skyway bridge across Robert Street between Sixth Street and Fifth Street, which Ordinanc��"is attached'heretcf as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: BRIDGE CONSTRUCTION 1. The HRA agrees to design, construct and pay for a sky- way bridge connecting the Trust Building with the FCB Building in accordance with HRA and City approved plans and specifications prepared for HRA by Hammel, Green and Abrahamson, dated March 17 , 1980, .�lso known as Bid No. A 8528-S, and reviewed by Trust and FC�. HR.7� h i� .:� �:�ecn_�;p:�_=�s;h an�7 p�;� f;.�� any mechanical, electrical ��r:c:. draina?�� sy:.�;:�z:s; � �nstall.:::- i %,n:; �-�r:�:i connections which are shown in the appro�Ted plans and specitica�cions to be part of the HRA con5truction contract. 2 . FCB shall be responsible for and provide at its own cost all necessary support structures within its building for accommodation of the bridge. HRA and the City acknowledge that if any additional construction or modification of existing structure is done to the Trust building it will be done at no cost to the Trust. -3- � � + � }. � '%,�' : 3 . Said skyway bridge shall include the necessary mechan- ical and electrical equipment for heating, ventilating and air conditioning ("HVAC") , lighting and roof drainage. The mechan- ical, electrical and roof drainage systems of the bridge shall be tied into the respective systems of the FCB Building, which FCB Building systems shall be of sufficient capacity to serve the bridge. Pursuant to the bridge construction contract, the bridge mechanical, electrical and roof drainage lines shall be capped a minimum of two feet inside the FCB Building line, and the connections of these lines to the FCB Building systems shall then be connected by and at �ke expense of PCB. '�At the expense of the HRA said skyway bridge shall also include finishing at skyway bridge ends , an eggcrate ceiling, terrazzo floors, in- sulated glass to the extent glass is used to enclose said skyway bridge, and aluminum and glass doors at the Trust Building end of the bridge. None of the work described in this paragraph shall result in expense to the Trust. 4. FCB shall, within its building at the second level, in- stall at its e�nense a concourse ramp which shall connect the bridge floor ur�� L:��: �'^F< 73uild� n� seco��c� 1��°e:�. Yloor. The ramp shall be d�-.^igned <�:�.� . �°c>r��ruct��; so as t.�. be �cc�^sible to and usable by handicapped persons as required by thF applicable .codes of the City of Saint Paul. The ramp shall be uniiormly sloped and covered with the same material as the adjoining sky- way concourse area in the FCB Building. -4- , � , ti t � ' . � � � a' 5. At its own sole cost and expense, HRA shall establish a "construction zone" within the Trust Building which shall extend into the Trust Building from the east exterior wall a distance not to exceed 8 feet. The construction zone shall be sealed off from the interior of the Trust Building by a partition wall which shall be so designed and constructed that (1) it will prevent the escape of dust from the construction zone into the Trust Building; and (2) it shall secure the Trust Building against entry from the construction zone. The partition wall shall make no provision for access through the partition wall between the co�r'Y'�struction zone` ancT`the Trust Building; except that for a three week period commencing on the day the first work is dorie to establish the construction zone, access to the zone shall be allowed from the Trust building subject to reasonable controls by the Trust. During the con- struction of the skyway bridge, and until the bridge has been opened to public use, HRA shall hold the Trust harmless with respect to any cost, expense, loss or damage of any kind, in- cluding personal injury, trespass , weather damage, and any cost, expense, los� ��y d� -;�- of �;:i�y d.�scr� ;�tzr>z�. r_��.s*:zlting from the construct?.or. �:� sai.� ��.> .;_c: • save onlv ;-.hose cus�ts which the Trust specifically agrees t� pay by this ag��E-;nent. 6. HRA will include a provision in its contract for the construction of the skyway bridge, whereby the contractor con- sents to the assignment of warranties to the owners of the buildings abutting the bridges, and HRA shall assign such -5- � ', � . , �� warranties to them upon approved contract completion without relinquishing its own rights under such warranties , and, if necessary, HRA will cooperate and assist in any prosecution of lawful and proper claims such owners may later assert against the contractor (s) or others arising from faulty design or con- struction of the skyway bridge. HRA agrees to assign to FCB and the Trust all warranties on machinery and equipment, if any, installed in connection with the bridge construction, without relinquishing its own rights under such warranties , and, if necessary, HRA will cooperate and assist in any prosecution �!f= � of lawful and proper claims which may later be asserted against the vendors or others arising from faulty design or manufacture of such machinery and equipment. PEDESTRIAN CONCOURSE CONSTRUCTION AND COST RESPONSIBILITIES 7. FCB shall at its expense provide and be responsible for stairs, elevator and pedestrian concourses at the first and second levels of FCB Building in accordance with this agreement and the Contract for Sale of Land dated April 23 , 1979. Public easements as .��.r.o�.r:.�'< �:.'. her ein sa::al] be �Y�an�ti,� b_y FCB so that such facili.tie� �ti'�' ?_�I ;-��:. �iv��il.�.?�::;.f: for u�-�. :�y thz c,eneral public. FCB hereby consei�ts tu the extension of tI��7 �ed;:si.rian concourse system by public easeFaent from the Trust Building acros�s Robert Street and through the FCB buildings to the skyway bridge across Jackson Street, conditioned only upon development occurring on Block 40 and the FCB ' s agreement to the construction of a skyway pedestrian bridge across Jackson Street to such development. -6- . � I�t ', •�.In the event FCB agrees to the construction of the skyway bridge . , across Jackson Street and a bridge is so constructed, but refuses to so extend the System, notwithstanding the consent contained in the foregoing sentence, then either HRA or the Trust shall have the right to obtain specific performance of FCB's covenant to permit such extension of the System. 8 . All costs and expense in connection with the extension of pedestrian concourse from and within the Trust Building to the bridge over Robert Street shall be borne equally by HRA and the Trust, except that in no event will HRA be required to pay more than $30,000 pursuant to this paragraph. Al1 construction shall be done according to standards,,. .of quality determ�a�ed by the Trust, ,.•-� in the reasonable exercise of its discretion, taking into account the nature of the areas under construction, and shall not be of a lesser quality than that presently found_ elsewhere in the concourse system. Conceptual drawings reasonably describing the nature and extent of the work to be done shall be provided to HRA/City prior to the onset of construction. In no event shall the City be required to provide monies under the provisions of this contract for any im- provements or construction which are not clearly identifiable as part of the skyway system. Constrr:_c�:i�}t: .-�nd �°emodel��.ncx work dozae to tenant spaces affected by this ^ .��,�-^-_�•i- , to {�he extent such wc��:k is made reasonably necessary b;% :_:::' �. - . `�:�ct , shall be consider�d clearly identifiable as part of the Skyway System. The-City will reimburse Trust only for actual costs incurred, which costs shall be submitted in detail to the City prior to payment. 9. Al1 costs for the construction and completion of the pedestrian concourse areas within the FCB Building and the Trust Building, except as otherwise specifically provided for herein shall be borne by HRA. -7- • y • . . . . . . . . � ,4 , � � 1 EASEMENTS AND HOURS 10. FCB and Trust each hereby agree to grant to the City a public easement for the pedestrian skyway system through the FCB Building and the Trust Building, all in accordance with Exhibit B attached hereto. Said easements to be granted by FCB and Trust shall be in the form attached hereto as Exhibit C and shall grant to the public the right of use of said pedestrian skyway system through the Trust Building and FCB Building for purposes of pedestrian ingress , egress , and transit, except for such reasonable police measures regarding open hours and closing all or part of t�i�� concourse through` their property as the City may, by ordinance, from time to time determine, or regarding public conduct therein as may be prohibited by skyway ordinance, as it may be amended from time to time. It is agreed by all parties that the skyway bridge herein and the new pedestrian concourse provided for in the Trust Building and the FCB Building shall be open for public ingress , egress and transit from 7:00 A.M. to 7 : 00 P.M. on Monday through Friday, inclusive, 7:00 A.M. to 5:00 P,M. on Saturday, and shall be closed Sunday. These hours :��.. �;.j<.�t to r�vi:sion �,• r:t�t:x;�? agreement and subject tc t'> _.-. . . ��>�T�r or �he Cit� to pz:::,cribe System hours by ordinance. 11. The new public easement through the Trust Building shall be in accordance with Exhibit B herein and shall commence at the easterly property line of the Trust Building where the skyway bridge over Robert Street to the FCB Building connects to the Trust Building and shall extend in a westerly direction -8- • � . , 1� ' � to the existing pedestrian concourse in the Trust Building. 12 . The public easement through the FCB Building shall be in accordance with Exhibit B herein, and shall commence at the westerly property line of the FCB Building where the skyway bridge over Robert Street connects to the FCB Building, and shall extend in a generally easterly direction as shown on Exhibit B. Such easement shall include portions on both first and second levels of said Building and shall include the stairs and elevator as shown on Exhibit B. The elevator shall operate at all times the System is open so as to permit use by the handicapped. The public easee�nt for the. e�.ten�.ion of the System easterly through the FCB Building from the area indicated on Exhibit B shall be according to an agreement to be arrived at in the future. 13. The public easement provided for herein shall be con- tinuously at least 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. 14 . Said easement shall �e rac,r+� }�3ri�i_c�.zlaz�!�• cescr�.b��a, at HRA expense, after survey of !' h��- cca�r;�l�ted �edes trian �.or,- course public easen;ent area by a registered land surveyor. The Trust and FCB shall have the right to reviaw the completed survey for accuracy, and any errors shall be corrected at HRA expense. 15. FCB and Trust agree that the pedestrian concourse within the easement herein described and the adjacent access -9- ' ti �� r • i. ` / public easements shall be designated as public easements and that all ordinances of the City which by force of law are applicable to the System shall govern. 16. The HRA and City hereby waive any right they may have to share in an award of damages in the event that a public body acquires all or any part of the aforesaid FCB Building or Trust Building by condemnation or under the threat of condemnation. Said waiver applies to the easement through the property but not to the skyway bridge. 17 . It is agreed by and between the parties hereto that the skyway bridge shall at a��'`times be owned b�the City and/ or HRA, and said skyway bridge shall not constitute property leased, loaned or otherwise made available to second partie�s, or any one of them (within the meaning of Chapter 272 .01 (2) of Minnesot�. Statutes) , it being understood that said skyway bridge is intended to benefit the public generally. VACATION AND QUIT CLAIM OF PORTIONS OF EASEMENT 18. Trust will initiate vacation proceedings by proper petition under Chapter 228 of the Saint Pau�L �:,��gi_s lative Code with respect to the four separate areas a�� .�:scrib�c� ar�d sho��r in Exhibits D, E and F hereto, and in f�;.i.,�; parag�aph� a�� .:;e its best efforts to complete such proceedings as and ir� c�m- pliance with said Chapter 228 . HRA will use its best efforts to cooperate with and bring to a successful conclusion such proceedings. This agreement is expressly conditioned upon (a) the final completion by the City of vacation proceedings in -10- ' � . , �` , ' ` accordance with the terms and conditions contained in this agreement, and (b) the filing by Trust of an acceptance in writing of all the conditions contained in the vacation resolution passed by the City Council and approved by the Mayor as required by law to complete such vacation. Three separate areas to be vacated are described and shown on Exhibits D, E and F attached hereto. The fourth separate area shall be a free standing kiosk area located approximately in the center of the skyway pedestrian concourse in the Trust Building, northerly of the elevators and westerly from the top of the esca- lators. The size, shape, exact location, use and any future change of use of the kiosk area shall be d�cided upon by the Trust, sub- ject to the approval of HRA and City, which approval shall not be unreasonably withheld; provided, however, that befo�e the initial construction is commenced in the vacated kiosk area, Trust shall erect a temporary fence or barrier in such area for the purpose of determining whether unreasonable pedestrian traffic congestion will result therefrom. The areas shown and described on Exhibits D and F shall be extensions of retail operations presently contig- uous to said areas and shall not be used as separate facilities . The area shown and described in Exhibit E shall be used for retail or service to the public using the skyway. The kiosk area shall be used for information, safety, security, service to the public or retail purposes. All designs of storefronts and graphics attached thereto for the portions of easements to be vacated as shown and described in Exhibits D, E and F and for the kiosk area shall be submitted by the Trust to HRA and the City for approval, which approval shall not be unreasonably withheld. If the submissions by the Trust are consistent in quality and design with storefronts and graphics presently in use in the -11- 'f� 1 ', : pedestrian concourse system, but nevertheless HRA or the City requires changes which increase the cost, then HRA or the City shall be liable for such additional cost. With respect to any materials submitted to HR.A and the City for approval pursuant to this paragraph, failure by HRA and City to deliver written disapproval to the Trust within fourteen calendar days following the date of submission shall be conclusive proof that approval has been granted. In the event the vacation resolution passed by the Council of the City of Saint Paul pursuant to Chapter 228 contains terms and conditions inconsistent or- in conflict with this agreement, or does not vacate the easement portions described in Exhibits D, E and F and the kiosk area, this agreement is null and void and no party is bound by any of its terms , and Trust is not required to accept said terms and conditions in writing or comply therewith as would otherwise be required by Chapter• �2�28 ' and this agreement. In the event the vacation resolution passed by the Council of the City of Saint Paul is consistent with this agreement, Trust shall accept its terms and conditions �n writing, comply with its requirements, and otherwise comply with t�� requirements of Chapter 228 . Trust shall not be sequir��r3 to pay any monetary compensation as a condition of and for the vacation of such easements, it being agreed by and between the parties hereto that Trust's execution and performance of this agreement shall be adequate compensation therefor. Upon filing by the City Clerk of tlze Certificate of Com- pletion of vacation under Section 228 .07 of the Saint Paul -12- . ; ' � , � , Legislative Code, City and HRA shall convey by quit claim deed any and all right, title and interest they may have in the portions of easements so vacated as shown and described in Exhibits D, E and F and the kiosk area. Trust may take possession of such areas upon the filing of said certificate. OPERATION, MAINTENANCE AND REPAIR 19. FCB and Trust agree to maintain, repair and operate the electrical, drainage and HVAC facilities in and serving the skyway bridge at their sole cost and expense, and shall keep and maintain the skyway bridge to a reasonable standard of safety and cleanliness . HRA shall transfer to FCB and the Trust all plans , specifications , drawings, operating manuals , written warranties , or copies thereof, and any other documents necessary to or useful in the maintenance, repair and operation of the structure and the electrical, drainage and HVAC facilities in and serving the skyway bridge. 20. FCB and Trust further agree to provide the necessary repair, maintenance and operation of the skyway bridge and its integral parts at their sole expense , without cost� ��:� t�.}-:e City or HRA. Such maintenance shall include, but not be li.mi.tcd to, glass, floor, hardware and metal trim cleaning, =aol :ishing, re��:_a- and replacement, roof maintenance, repainting, light bulb re- placement and light fixture cleaning. Except for routine repairs and replacement or when an emergency situation requires rapid action, HRA and City shall be furnished with plans and specifications for all additions, alterations or repairs and replacements to the skyway bridge, which plans and specific- ations shall be subject to their reasonable and timely approval -13- ,� ` � : .,` or disapproval before commencement of the work contemplated therein. Lack of action to approve or disapprove within 14 calendar days shall be deemed approval. 21. FCB and Trust shall enter into a separate written agreement for sharing equally the maintenance, operation and repair costs and responsibilities for said skyway bridge, its integral parts and related equipment. It is agreed that FCB will provide, at no cost to Trust, HRA or City, all initial necessary systems and equipment to supply all HVAC, electrical and other operating utilities for said skyway bridge. 22. FCB hereby agrees to provide all repairs and main- tenance to maintain the pedestrian concourse in or on the FCB Building to a reasonable standard of safety and cleanliness and to provide operating costs for said pedestrian concourse; and Trust similarly so agrees with respect to the new pedestrian concourse on and within its property. Except for routine repairs and replacement or when an emergency situation requires rapid action, HRA and City shall be furnished with plans and specific- ations for all additions , alterations , or repairs and replacements to the pedestrian concourse, which F:.�ans and specifications shall , be subject to their reasonable an.n t-i,ne�t.y apUroval or disappro:ral before commencement of the woi°k �:�-�r;t:=��p�_at�:� �her�.in. Lack of action to approve or disapprove within 14 calendar days shall be deemed approval. If FCB and Trust use or install carpet or other non-permanent flooring material for concourse corridors , FCB and Trust shall replace such carpet with new carpet or other material matching as closely as possible the original in quality at such intervals as may be determined jointly by the City and FCB, or -14- . ♦. ' � f i� ` i 1 '� by City and Trust, for their respective corridors , such new carpet or other material to be submitted to City for its review and approval, which appzoval shall not be unreasonably withheld. 23 . If FCB and Trust fail to adequately maintain, repair and operate the said skyway bridge and pedestrian concourse areas through their respective properties to a reasonable standard of safety and cleanliness within 30 calendar days after �eceipt by the affected party or parties of written demand from the City specifying the actions to be taken, the City may undertake said reasonable and necessary maintenance, repair and operating tasks, and the cost incurred b� City for said maintenance , repair and operation shall be assessed to and shall be paid forthwith by the defaulting praperty owner (s) or their sureties as applicable; provided, however, that the City retains the right to assess such costs against the party (ies) as a local improve- ment in the manner provided by law. Notwithstanding the fore- going, if the condition which prompts the 30 day notice by the City cannot reasonably be remedied within 30 calendar days, then the 30 day peri�d shall be extended by the City to such time as may be reasonal��.:; �:��r t:-�r A?�;:xr�r:c; o� the c,c�.r;di_L�_c,n. 24. �r'h� s!r�LLY-aa�-� bridge:: �� ,;, �_:-::destri..�r. c�ncou:rses which are the subject of this Agreement shall not be o�er.< i.ed for the purpose of advertising the n��me of any product or business or any other commercial purposes other than for or on store fronts in the pedestrian concourse, Such store front signage shall not project out from the wall into the easement area except as subject to the reasonable approval of HRA and/or City before installation. Nothing herein contained shall prevent the -15- . � � � � ' ; installation and maintenance of skyway directional sign(s) . Plans for all signage shall be submitted to City prior to sign construction and installation, but the City 's approval shall not be required. Such signage shall be comparable to that existing elsewhere in the System, shall not be confusingly similar to the skyway directional signs, and shall be consistent with good design practices. 25. In the event any portion of the easement granted to HRA by the Trust or FCB pursuant to this agreement shall be unnecess- ary for the accomplishment of the public purposes of the pedestrian concourse system, and the remaining concourse areas shall continue to conform to those standards of size, accessibility, safety, appearance, comfort, and public convenience, which generaJ_ly characterize the System as it pre:ently exists, then the Trust or FCB may petition the City for the vacation and conveyance by quit claim deed to the Trust or FCB of such space located within the Trust or FCB Building, and the appropriate HRA and City staff in the Department of Planning and Economic Development shall support such petition and favorably recommend it to the City Council. If the Trust or FCB shall submit a petition to such HRA and City staff pursuant to this pa�agraph, and the petition is not disapproved in writing within 20 ��:� <, ��.;:r da�r�� after the d�.re of. submission, then the approval of :;uc�?-� }::I:r� �?nd Ci_'_y <at:a��f, and ti�eir f��T�rable reco- mmendation to t::F�e C� '.� :'<��_,Y��'�l, ti��-.�!1 be conci.usively presumed. In the event the City Council passes and approves a ::c.�olution vacating any such areas , additional compensation shall not be requirF�d for such areas pursuant to Section 228 .05 (a) of the Saint Paul Legislative Code. SURETY BONDS AND INSURANCE 26. FCB and Trust shall together furnish and maintain a surety bond in the amount of $100 ,000 . 00 for the said skyway bridge to and in favor of the City of Saint Paul, as obligee, conditioned that said property owners shall indemnify and hold harmless the City in accordance with said Ordinance against all -16- . ,. �/ . � � < � expenses and liability on account of all costs , claims , suits and judgments arising out of or connected with the maintenance, operation, repair and/or removal of the skyway bridge, its integral parts and related equipment, and, further conditioned upon the property owners complying with all terms and conditions expressed and contained in this Agreement as to maintenance, operation and repair and/or removal of the skyway bridge, which surety bond shall be in such form as shall be approved by the City Attorney and shall have such surety as shall be approved by the Director of Finance and Management Services for the City. The HRA shall procure from the general contractor and provide to the parties , documentation evidencing that the general contractor is maa.ntaining throughout the entire period of con- struction and erection of the skyway bridge, such insurance as set forth in the plans and specifications described in para- graph 1, herein, naming the abutting property owners to the skyway bridge as additional insureds as required by said plans and specifications , specifically in accordance with Section 4 . General Conditions, and Section 6, Special Conditions of the c:cr,t_ru:ti��.r cont: ac�. 27 . In�ura.rxc.e �equir�� t>t.� �-::_�::.��raph 29 hereunder for hazard ar.d liaL-ility for the . b.ridge shall be a mainten- ance cost to bE: assumed by FCB and Trust and shall be shared in accordance with the separate agreement for the sharing of operating, maintenance and repair costs that FCB and Trust shall enter into as provided herein. -17- . . ` �l ; : DIRECTIONAL SIGNS 31. The location of directional or other signs that may be installed in the pedestrian concourse herein shall be determined jointly by the HRA and FCB, or Trust and HRA, for their respective portions. HRA shall pay the initial cost of such signs . The cost of installing electrical connections, including mounting hardware (pendants, or ceiling channel, and support above ceiling) , shall be considered part of the cost of construction of the concourse, the liability for the payment of which shall be governed by paragraphs 7 and 8 herein above. The cost of operating, maintaining and re:pairing the directional signs shall be borne by the parties on whos� property such signs are located. If the location of the pedestrian concourse public easement is changed, the said signs shall be moved accordingly, and the cost of moving and reinstalling signs to a new easement area shall be borne by HRA, unless the change has occurred at the reauest or by the action of the party upon whose property said signs are located, in which event such party shall pay all such costs. If the sign moving requires a change ir� *�h� �ign face, the ��;=�nres :yhall be made in a manner con- si�ten-c ��ai_tt� th�� graphlc c?�szgn �1� tem established for skyway signs, and the cost of sucli cl�::zr;<�v shall be borne as provided in the imme�.iately preceding sentence. BINDING OBLIGATIONS 32. This Agreement is subject to the terms and conditions of the aforesaid Ordinance No. 16643 as adopted by the Council of the City of Saint Paul, and all its terms and conditions are -19- � , ; , � , incorporated herein by reference. All parties hereto, other than HRA and City, are considered to be permittee's successors under the terms of said Ordinance, except with respect to the obligations of the permittee for initial construction of said bridge under Sections 2 (a) and 2 (n) of said Ordinance. 33. The parties agree that in the construction, mainten- ance, repair and operation of the pedestrian concourses, they shall be bound by all City Codes and ordinances governing the System, insofar as they are applicable by force of law. 34. The respective rights and obligations of the parties set forth in this Agreement sY�3.1 be binding upo}�� and inure to �� the benefit of the respective parties , their successors and assigns, and shall continue in force until such time as said System or that part herein is vacated or abandoned in the manner permitted by law, or terminated in accordance with the Grant of Easement. 35. It is understood that this Agreement does not govern the relationships and agreements by and among FCB and Trust, themselves to each other, other than the requirements of �:arag�-aph 21 aho�%..:. 36 . ri'h� �� Agr+�,c,n,:_�r;�- shall survive conveyance and delivery c� ',:�ie Grant oi s;<>� � ��: ;- provided for herein and shall not be co:.sidered merged therein. 37 . The property owners herein reserve unto themselves the unconditional right and privilege of selling, conveying and transferring their abutting and/or encumbered or involved real estate herein and assigning and transferring this Agreement -20- . ` ,� . , , � to any other corporation, corporations , trust, trusts , individual (s) , partnerships or other form of venture. In the event of transfer of any property owner's interest in the property, the owner (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of owner (seller) con- tained in this Agreement thereafter to be performed; provided that owner's successor fi�lly and without limitation assumes in writing all duties , responsibilities and covenants of the owner (seller) under this Agreement. For the purposes of this para- graph, "owner" shall include,,jbut not be limited��to, lessors , ,, lessees, sublessors and sublessees , and shall include therefor, FCB and Trust. 38 . Seven (7) calendar days after the issuance of the Written Notice of Final Inspection by the City, and its furn- ishing to FCB and Trust, the obligations and duties contained in paragraphs 19 , 20, 23, 24 , 26 and 29 herein above, as to said skyway bridge, shall become operative. 39 . Upon substantial completion of the pedestrian con- cou��se, HRA ��h�J 7. qi.ve written notice of such completion to FcrF� ar�d tYr;� T��:st�� '�.:��-en (7) days thereafter the obligations u.�1 duties cont::{� ��a �n paragraphs 10 , 22, 23 , 24, 28 and 2g , :nerein above, as to said pec'estrian concourse, �hall become operative. 40 . Any notice to the parties hereunder sl�all be considered sufficiently delivered if mailed, by registered or certified -21- � , ; � % � , � � mail, postage prepaid, as follows: a. To: City of Saint Paul Donald Nygaard, Director Department of Public Works Sixth Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 and HRA/City of Saint Paul, AZinneso�a Renewal Administrator 12th Floor, City Hall Annex 25 West Fourth Street St. Paul, Minnesota 55102 and City of Saint Paul Bernard J. Carl�sq�, Director �� Department of �'inance and Management Services Room 113 , City Hall St. Paul, Minnesota 55102 b. To: James R. Miller Saint Paul Property Administration, Inc. 1810 American National F3ank Building Fifth and Minnesota Streets St. Paul, Minnesota 55101 San Francisco Real Estate Investors 615 Battery Street, Suite 600 San Francisco, California 94111 The Federal Land Bank of St. Paul 375 Jackson Street St. Paul, Minnesota 55101 Federal Intermediate Credit Bank of St. Paul 375 Jackson Street St .Paul, Minr�esota 55101 St. Paul Bank for Cooperatives 375 Jackson Street St. Paul, Minnesota 55101 Farm Credit Banks Director of Services 375 Jackson Street St. Paul, Minnesota 55101 -22- , . / � `� A party may, by written notice, designate a different address to which notices to it shall be directed. SAVINGS CLAUSE 42 . The General Policy Statement For The Construction of the Saint Paul Skyway System, attached hereto as Exhibit G, - (not including any later amendments) is hereby incorporated into this Agreement and its terms shall be binding as to the bridge and concourse areas constructed pursuant to this Agree- ment. In the event any provision of the General Policy State- ment conflicts or is inconsistent with this Agreement, this Agreement shall supersede and be controlling. ,''"r`" � HOUSING AND REDEVELOPMENT AUTHORITY OF T E CITY OF SAINT PAUL, MINNESOTA � By c Its By Its APPROVED AS TO FORM CITY SAINT PA . . � /0.�-�o By ' Its Mayor C,W�'v��f �• �� BY G • �-l4�� °``� � Its rector, D nt of Planning a Economic D e ment � By �� I s Di ctor, partment of Finance a . a ge n Services �� v It City Clerk �c�ogo— � 33 —ao3 � �o,o�� ,0��1 � � -23- ; � • ,' � � THE FEDE LAND BANK OF ST. PAUL By � Its By � �,�-�- ��.�° zs FEDERAL INTERMEDIATE CREDIT BANK OF ST. PAUL gy � , aJ/L�CG� � Its BY .,��-�`-t- ��,�-�-�- � .Its ff �`� ST. PAUL BANK FOR COOPERATIVES By I BY ��-�- 7`"" � Its -24- . �. , , , , , , SAN F C SCO E ESTATE INVESTORS By I t �/�, � vt By Its SAINT AUL PR P TY ADMINISTRATION, INC. By �, It By Its �� ,. � -25- � � i � • STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this � day of 0��-e-�-�� , 1980, before me, a Notary Public within and for said County, appeared � and �..51�-�u� ��.�-B-�u� , to me personally known, who, being each by me duly sworn, did say that they are respectively the . ,�J�-c�-c� and of the HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL, MINNESOTA, a Minnesota public body corporate and politic, that said instrument was signed by authority of its Board of /ff `, Commissioners and said and ,�%�Q.p� acknowledged said instrument was the free act and deed of said corporation. ■MMAMAMNv1AMilMlJVVVNJ!�MNNl,A■ L��?�%?� � �e� -�,, f2� Fpn aRl F� � T`: $ �:: ��,� yc�� ,,; �� L -;-�a 7 � ,�� zf.0 Rf� _ � � A4p f;m._ � , > '> m�.�vwv.�v��.�vv^.�ev�„��, i:•;,;�:�;;;�� -26- � STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me h' s �� day o f , 19�q, by � , r�i��r of the CITY OF SAINT PAUL, a municipal o o�the State of Minnesota, on behalf of the City of Saint Paul. � _�� IEEANN TURCHIN M � �-cJ� NOTARY PUBUC—MINNESC'" � ��j,,,.. RAMSEY COUNTY My Comm.Expires June 11, 1987 � ti � STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) � The foregoi �-A-in� strument was acknowledg`ed before me this �1 — day of ��Cx.�-C�.e� , 19 �v , by GARY E. STOUT, Director of Planning and Economic Development for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul . : � . . i ��'� J C:J,.�oCPJ.J. €'ETER:9O6V �epa�, MOil;,iYr"','L'�!C—P,ili1;V�50TA � ��`ezu'::..5:' :;t.,"v.:_r1'CGiiR'?`/ STATE OF MINNESOTA � MY Comrn.Er.p!res Jvly 29, 1987 � ) SS. Y a COUNTY OF RAMSEY ) The foreqoing instrument was ^knc•aledged before me this �.�� day of (��h� , 19��1 'RN" .' J. �'ARLSON, D1.rector of Finance and Manageme _ : _ _ ^lmy r,.` SAINT PAUL, a municipal corporat ,� - . ' innc. : :•�: , Q ,�o f S a� -; ; _ JEANNE M.ANDER'i' - "" NOTARY PUBUC—MINNESOTA ' �� RAMSEY COUNTV ,�,7m� � 1 ( My Comm.Expires April 10,19$7 � y r STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) r� Th�. f er�oing instrument was acknowledged before me this � day of ("'��-�,x-� , 19� , by ROSE MIX, City Clerk for the CITY OF SAINT PAUL, a municipal corporation of the State of Minnesota, on behalf of the City of Saint Paul . ��v� �� .., , �� A!O[RT a.QI.l90N ' •' ;�';``:Notary PubNc, Ramsey Ca Mn. � .,�, �;;4 MY COMMISSION EXPIRES� ��' Movember 16, 1980 -27- . � STATE OF MINNESOTA ) ) SS. COUI�ITY OF RAMSEY ) On this �� day of , 19�, befare me, a Notary Public in and for said County, appeared `,?� �. �� and , to me personally ; known, who, being each by me du�y sworn, did say that they are respectively the ,��,�.0 and __ of the FEDERAL INTERMEDIATE CREDIT BANK OF ST. PAUL, a federally chartered corporation, that said instrument was signed by the authority of its Board of Directors and said ��, ��G-��-� and acknowl"edged said instrument was the free act and deed of said corporation. � ; �, --- - � � /:� � _ _-- -- --- - - -� - n.. . .,�.V`.1/�.n..r..,�n`. , . , ' . - � - H. E. G;-�-„ . ,��' "iGT:.-.Y P ' _ ;-� � . _:.�i', �.:.�:. Rr''.Pq�cf COU�d;'; < P,9, "��mr sion �XF,res � Y , � � - ` ,.'VVJ';Jt�'..�(WV�:vvV°1v. �:�^.,':��I �. r,i � �20� . _ . . . __.....:..:�..�..�.,....�.,..e,„....... . .. . . . . . . . .ti• . . . . . _ . . . _... � . . .. . .. �' � �' � STATE OF MINNESOTA ) ) SS . COUNTY OF RAMSEY ) On this � day of i7��-t-°�'`�� . 19 �4 , before me, a Notary Public, within and for said County, appeared �• �,G,�,�, and , to me personally known, who, being each by me duly sworn, did say that they are respec- tively the �� i2.��c�� and of the ST. PAUL BANK FOR COOPERATIVES , a federally chartered corporation, and that said instrument was signed by the authority of its Board of Directors, and said �� ,/i`� f� and acknawl dged sai� instrument was the free act and deed of said corporation. i i- __. ,_ _ _ ,.,nti��r,nnn'.;, ,� � • . "'•�� '� E. E. G��`•�F� �� Y�� ..../�.. ,�'` �iOTr R/:fl$Gl 1.OUt!� .. �,:.: l e ^�;�mi::sion Expire Ju1y 2 1.:' ; 4.y �,��,�,��v�;r� �.✓vv✓�� .`.��.p�,dWv'.'J.v -29- STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) On this �_ day of �.�.z.�.��-,�� , 19�0 _, before me, a Notary Public in and for said County, appeared w �.- and , to me personally known, who, being each by me duly sworn, did say that they are respectively the��u��/,�-u`�_�-��nd of THE FEDERAL LAND BANK OF ST. PAUL, a federally chartered corporation, that said instrument was signed by the authority of its Board of Directors and said � and,. . s-�,-��v r�'f — �c�/ � acknowledged said instrument was the free act and deed of said corporation. � � /�% � �. , �, •,.v.v��.,nn,�.•�;.,; � ., , _ .- E. E. G.��.'�:� . . ;n ?iGT�.�.° P' i•: ,-i,�.' . .ii '. �' "OUi;;`,, . �-_. Rr.iA.,c`( „ . ' nn; • ,..�m;ssiun ExFire: J�y ?„ 1•'`' : ' �'�'v ..�..,vw;;,vv,.,,. .. .. v, �'t _�� I � � ' S TATE OF ��p�l'�Ic-��?+/�- ) ) SS. COUNTY OF �(.�I.S�� ) On this ��7� day of Q�� , 19�, before me, a Notary Public within and for �aid County, appeared �,9�i�' Y �, (�„��j and , to me personally known, who, being each by me duly sworn, did say that they are respectively the V(C�-� YIC.�t?�5/��'� `� and of SAN FRANCISCO REAL ESTATE INVESTORS, a California real estate investment trust, and that said instrument was signed by authority of its Board of Directors, and said ��y` � �LS50� and ��7cnowledged,sa�.d iristrument was the free act and deed of said corporation. --, � �,r- ,�.._--- �,l'� ..� �+�Y c.s�TM 1�►AIIr'LA�IC•MID/NESdTA ` WA3NINCiTON COUNTY Ny ca�R�M.don Exwer.Dsc. ,�.,99�t -31- 1� � � i ' STATE OF �(,��R��y'� ) ) SS. COUNTY OF R�(SC y ) On this �� day of /Y��/��t.� , 19 �C� , before me a Notary Public within and for said County, appeared ��5 �, �(L�E� and , to me personally known, who, being each by me duly sworn, did say that they are respectively the ` ,��51��% and of SAINT PAUL PROPERTY ADMINISTRATION, INC. , a Minnesota corporation, that said instrument was signed by authority of its Board of Directors, and said �/�`"�� «��n and aclfi�owledged said �instrument was the free act and deed of said corporation. --� < �� °��" TERI�t�Q�MTH �e�►�r wt�o•�ao�e� WA�3TON COtMIT1/ My c.�wMnN�ta�w..o.a t�tlbt -32- ��•:TC. — c�r: , � . -. �. . . _ F .. : �/�� • <_A� <�, _ �, .�,a:,i..�Ey, (j I TY O �'' �:1 I 1 1' ��A L; L Council BlU E_ —�MA V O:t . . . . , , , File N�. ` ` ��,�•��6 Eit�'i y�� Ordinance N�. ' �V',/�� , L� �J, �^ - Presented By---'�'--:--? i/�;4_ ��.-_-- -- — --- ---- �=� — — Referred "I'o ___ ___. Committee: Date Out of Committee Qy_ ___ ___—_—___ - Date ----- AN ORDI�J�?PdCE h1AKIP:G PROVISIO�d THEREFORE A��D GRANTING UPJIO THE HOUSItdG A:fD REDEV�LOPt1E�dT AUTHORITY OF TNE C1TY OF SAltdi' P�,UL, f11i�i;ESOTA, A h11NPJE50TA CORPJP,A- TIO�� , ANU ITS SUCCESSORS OP, ASSIG�lS, PEF�11SS10�J TO COPJSTPUCT, PiAIPJTAIP! AND OPEPATE Ai: OVE°FIEAD PEDES- TRIA�! PASSAGEI�lAY ACROSS ROBERT STREEI BET?•!�EiJ THE I P:TE RSECT I OPd THE RE'��11 TH OF EAST F I FTH STP,EET A"d�J EAST � S I XTH STREE i. SAi D OVEP,t!EAD PEDESTRI Atd PASSAGE!�IAY TO BE EXTENDED FP0��1 THE AMERICAN MAi IOiJAL BAPII: 8UILD- IP1G 0`� THE 4/EST S I DE OF ROBERT STREET TO THE F�1Rt1 CREDIT BA�JK ADDIT10h! OPd ThIE EAST SI DE OF ROBERT STREET. /r'" �,. , THE COU�JC I L OF THE C I TY OF SA I PJT PAUL DOES OP,DAI N : Section l. That permission and authority are hereby granted to the Nousin� and Redevelopment Authority of the City of Saint Paul , Minnesota, a Dlinnesota Corporatioi� and/or its successors in interest to construct , maintain and operate an overhead pedestria� passage��ay across Robert Street bet��reen the intersection thereti�rith of East Fifth Street and East Sixth Street. Said overhead pedestrian passagea�ay to be extended from the American Nat- ional Bank Qui lding on the 4,rest side of P,obert Street to the Farm Credi t Bank Addition on the east side of Robert Street. FXt11�1'f t�. _- CUUNC[[_'�th;N Yeas ya�,s Requested by Depart.nent of: Bucler , Pub 1 i c G�lo rE:s Hur.zs -- [n Fat�or --_ � � � ` -- /� ry /� ) � Nunt "C � � ', ----�_- �. t.��z A � Bv - �-� -C�` �- -- - � _�` � _ g�tnst � �t�cidux Donald E. Nyga d , Di re� r` (TJE/P.AH) Shuwalter Te�iesco Adupted by Cuuncil: C�ate Form Approved by City� tt r y , Certified Passed by Council Secretary BY — - -- � BY - -- ------- Appru�ed by ltoyor: patc --__ ________. ______ AppCroved by Mayor for Sru �mi ion to Council �Y ---�- ---- - ---- - --- BY `� � � }!`I �-�' -�--------- ;---;-'- , .� T- � ' EXN. A • '� �. • - - 2 - Section 2. That the Director of Public !dorks is hereby authorized to issue necessary permits to said permittee, the Nousing and Redevelopment Authority of the City of Saint Paul , Minnesota, for the construction , maintenance and operation of said overhead pedestrian passageway ac- cording to plans and specifications approved by the Department of Public I�lorks and at the separate cost and expense of said permittee, upon said permittee' s comptiance with the following conditions : a. That said permittee and/or its successors in inter- est shall at its ot•m cost and expense and in accord- ance with all applicable ordinances of the City of � Saint Paul , Statutes of the State of Minnesota and regulations of public authority havinq cognizance, construct , maintain and ooerate said overhead ped- estrian passage�yay hereunder; �` b. That said permittee sha��pay the costs fbr the pub- lication of this Ordinance; c. That said permittee shall pay the costs of adminis- tration, enaineering and inspection incurred by the Department of Publ i c 1•lorks due to thi s unciertakina. Said costs are estimated to be a sum of One T1;ousand . Dollars ($1 ,000.00) and shall be ac�ounted for under a separate Departr^ent of Public 4lorks Project hJumber; d. That said pernittee shall furnish the D�partment of Publ i c !lorks al 1 documents of r��cord for sai d over- head pedestri<�n pass�ge�vay that are part of the con- tract or incidental to its execution including, but not linited to, a,Jdenduns , a��,�ard of contract , con- - tract arnount , "as E�ui It" pl.�ns , tracings , and trac- ings of shop olans ; e. That said pernittee sha11 construct said overhead pedestrian passage�:ray to the satisfaction of the Dir- ector of Publ i c `,!orks and in accordance �•ri th approved plans and s;��cifications of the Ho.�sing and Rzdevel- opr,ent �uthority of the City of Saint Paul , t�innesota, said �>lans and specifications on file in tl:e Depart- ment �f Pu►�lic '�lorks. Such construction sha11 be �ade in strict cnm�liance ��ith the Anerican ,lssociatior, of State High�f:ay �nd Transportation Officials (/1ASHT0) Specifications , as a�r,en�ed , �nd the ilni `orn °uilding Code �nd be authorized under a !;uilding permit issued by the D�,pa�-tr!t:nt of Cc��unity Services , Division of Housing �nd [3uilding Code Enforcement ; f. Tii�t said per;.�ittee anc!/or its successors in inter- est shall fully inder�nify, hold harmless , ::nd defend the City of Saint Paul , its anents , officers and er�- ployees fron any Gnd att da,a,es , claims , iosses , i t � 1 � / , � � � , . . . , . . - 3 - judgments , suits or expenses and on account of all claims of ��ihatever nature for injury to persons and/or property arising out of or connected with the construction , erection , maintenance, operation and/or removal of said overhead pedestrian passage- way noted 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 tnsurance Company to the extent of $5�0,000.00 for injury to any person and/or persons in a single incident and to the extent of $200,000.00 for dam- age to property in any single accident , insuring the City of Saint Paul against liability on account of of all claims of third persons for injury to per- son(s) and/or property ar�f�inn from or connected` �•�ith the construction, erection, maintenance, oper- ation and/or removal 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 . That such minimums shalt be subject to increase by action of the Council in the event the statuatory municipal liability limits are al- tered in any �•:ay hereafter; g. That said p��rmittee shall not proceed �•rith con- struction unless and until said permittee shall have fully co�plied ��lith the provisions regarding insurance and indemnification contained in the City of Saint Paul , Department of Public 4forks "Standard Supplerental Specifications for Hic7hrray Construction" dated July 10, 1979, Section h;uinber ► 305.?. For the ;_li,;:�-��e :,f this Ordinance the a;'ores:�+d Secti�:n or s�;:^ `,;-�e�ifications shall be read a�, _' ough t`�e �.;ord ":.�i ��'i ttee" �•1as substituted �er t.,,�� ,�ord "coni� �.�tc>�' � ;-ever same appears i:'�e� ein. Sec.tion i305,� � ` �he De�artment of Pub- lic ':Jorks , City of Saint 1'aul "Stanuard Suppl::ment- al �pecifications for High��ay Construction" dated Ju?y 10, 1979, is hereby incorporated herein by re- ference as fuily and as cor�pletely as if set `orth herein verbatim; h. That said permi *_ee and/or its suceessors in inter- est , shall ,.�rang other thinas , at their ot�m cost and expense nake adequate and effective provisions therefor ��nd drain all moisture, rain and snow �•mich shall accumulate thereon by proper devices through s�id overhe�d pcdestrian �assa�e�,�ray in a rnanne r so that the f ia�.�;i ng andJor so i 1 1 i nc� of sa,�e ., • `` , It i-r_i t� ; = 4 - on any part of Robert Street shall be prevented at all times. Said permittee and/or its successors in interest shall naintain and operate said overhead pedestrian passageway at its sole cost and expense in a safe condition for pedestrian travel , such ma.intenance to include, but shall not be limited to, glass floor, metal trim and hardware cieaning , pol- ishing and replacement ; roof maintenance; repaint- ing; light bulb replacement and light fixture clean- . ing; and the supply of heated and cooied air within said bridge to maintain temperatures comparable to that normally maintained �•�ithin heated and aircon- ditioned office spaces , except as may be altered by energy conservation guidelines; i . That said permittee and/or its successors in inter- est shall at ail times , canstruct and maintain all of the support_s of said c,}�.erhead pedest_rian pasasage- ti��ay enti rely ti•�i thin the l ines of the subject private real estate and entirety ��rithout pubtic street right- of-:�ay; j. That said permittee shall notify the Traffic Bureau of the Department of Public 1�lorks i ` the construct- ion or �aintenance of said overhead pedestrian pass- age��ay shalt �ake necessary the ctosing of Robert Street or any part thereof; all expenses incurred by the Traffic Bureau in furnishing , installing , or removing barricades , signs , and otF�er control devices shall be paid by the permittee ; k. That said permittee and/or its successors in interest shalt not use any part of said overhead pedestrian passaget,�ay for any advertisement or display purposes , a�ithout the ;�ritten consent of the City of Saint Paul and the application thereto of any advertising �:,ater ° ial or display shall be deened prohibited by this Ordinance; 1 . That said permittee and/or its successors in inC`iest shall , at all pertinent times , in the construcrion , maintenance and cperation of said overhead nedestrian passage�•�ay hereunder, provide a mini��um vertical clearance of at Teast 17 feet 4 inches bet��:een and thrc�u��,out the r_ourse of the bottom uf ,�id sLructure :nd the surface of RoLert Street, cx�_ept as nay be al- tered by the ci ty' s future street �:ork; m. That said permittee expressly agrees to compty with Chapter 216 of tlie Saint Paul Legislative Code, as �r?ended, pertaining to street obstructions ; - 5 - . n. That said permittee and/or its successors in interest shall complete the construction and erection of said overhead pedestrian passa�ev�ay by not later than one (1) year after cormencement of construction, Said com- mencement shall be evidenced by Public 1•lorks' receipt of a ti•�ritten notification thereof, and shall be dated therein, as further provided for under paragraph (o) below; o. That said permittee shall notify the City Bridge Engin- eer of the Departrent of Public blorks before and when construction starts and notify the sar:ie said Bridge En- gineer �-Jhen construction has been completed to a11ow for a final inspection of said overhead pedestrian pass- ageti•�ay hereunder; p. That said overhead pedestrian passaoe:��ay shall be remov- ed by and at the sole cost and expense of said permittee and/or its successors in" interest �.�henever the Council of the City of Saint Paul shall by Resolution determine such removal necessary in the pubtic interest and accord- ingly order the removal of said structure from said loca- tion ; q. That said perr�ittee shall , within the period of ten days after the publication of this Ordinance, file with the City Cierk its written acceptance of this Ordinance and agreem°nt to be bound by all the provisions , terms and condi tions th�reof ��i thout 1 imi tation �•�hich wri tten in- strument of acceptance and agre�m`nt shall be in the form appraved by the City Attorney; r. That upon the execution of <�n Agreement by �nd beti•�een the City of Saint Paul , the Nousing and Redevelopment Authority of the �� t�; of Saint Paul , Ptinnesota, and the appl icable bui td� � ' -��,��tv � . !.;rs - ,-sspccting tiie �:�ore- said pedestrian ��; . ,e , i ' t:°� , th�,� Iiausir,� and Redevelopmer:t .��,��_`�,,r' ��y «i= �.`,e Ci,}� of Sa"s��t F:.��? Minnesota, �;n�il °.� �-,�lic�;ed r�,` ..;,y ;!j;"tfl�l" obl � a�� . under the te�rc;; of t��is Ordinanc=�, and the success: , interest of the permittee , the app' icable building/pro- perty o�:ners , shall assume such obtigations including resoonsibility for paying the ins�:rance premiums of said overhead pedestrian passageti•�ay connecting their build- inc;s and r�sponsibility for providina the r^aintenance, rep.�i r �nd ope rat i on of same ; s. That upon the ;!��usinc� �nd �;edeveiopr�ent �luthority' s con- veyance of its o[�1 i<;�tions under tf�e trrns of this Ordin- � ance to the ,�bov� SUCre,sors in interest , said pernittee 's successors in inter�.st shall furnish and cfeliver unto the • � l '. \ ', _/ - 6 - City of Saint Paul a Surety Bond in the amount of One Hundred Thousand Dollars (5100,000.00) for said overhead pedestrian passageti•�ay, made and ex- ecuted by said permittee' s successors in interest as Principal , and a Corporate 5urety Company duly authorized to transact business. in the State of ' tlinnesota 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 permit- tee's successors in interest fail to maintain , op�rate or repair said overhead pedestrian pass- aget•ray to a reasonable standard of safety, or fail to remove said overhead oedestrian passage- way hereunder upon order by the Council , the City of Saint Paul nay undertake the r�aintenance, op�ration , repai r or removal thereof and may re- cover i ts reasonable cost 'incurred thereby from said surety, which Surety Bond shall remain in full force and effect as long as said overhead pedestri an passageti•ray or any part thereof remai ns ��i thi n the publ i c street ri ghts-of-�•�ay. The Sur- ety Bond shall be in such form as shall be ap- proved by the City Attorney and shail have such surety as shall be approved by the Director of Finance and t�!anagement Services ; t. That said permittee and/or its successor in inter- est s�a11 submit proposed pians and specifications to the Depa�tment of Public t�lorks for revie�•r and approval af any intended structural repairs or najor maintenance ��rork on said bridge , before any such �•,ork is carried out. Upon conpletion of such structural rr��±ai rs approved by the Department of Public ':/or':�, , ;��r.,,=�;ent rc.?rod��cible tracinas shall be (��, ;�; i �,;,d `he �_,rv:�r*: �hoti��in� tiie �,��,,rtc done and t'�:��;C':. ';111:�1 �ifl�/ ��` � CFI�;'1CP..`'� i �35 tJB� � ?ti , ;;I� ��:-`l!G��1iE: st�c;, :'. tracinc;� Of t�10 same; u. That the successors in intersst to the oerr�ittee shall submit the necessa ry insurance documents to the Office Engineer of the De�artment of Public !lorks. The Office Engineer in turn shall sub�it said documents to the City /'�ttorney of the City of Saint Paul for revic:•� and, if said insurance is sufficient , said docurnents shall be filed �;rith the Director of Finance and 1lanagement Services of the City of Saint Paul . ,.,�, _ ' '- � �1_(��IM. - i>iNV.c � F��•.4•�CF � I 'I'�' O� 5�� I \T I��1 ij j, Council ��N4RV -- JL!?4RT��ENT � • E71 UF_ — I.,�q/yOR File �O. ' ' = ' ' � ��'�Z�2��ZCe �, .� Ordinance N O. '�`-`�- �'�J Presented Sy Referred To Committee: Date Out of Committee By Date -- Section 3. That this Ordinance shall take effect �and be in force thirty (30) days from and after its passage, approval and publication. --- —— — _ __ ___ -- -- - --- — ---- ----- - — _ __ „ - — - --_ - COUtiCIL11EN �'�ds '�CiriANdr'� Nay�s , Requested by Department of: -B;:�ier � -- --�-----Publ i c_!,J�k�- -- --- H`,.� -- In Favor , ` - � Himt � • �� (�� l.e�ine �--- - :'�g�iinst By' _ ;��'��('��_� � �-- —CJ--- � -`' -L � � ti�� ;,� ,a Conald E . ',, aard , Dir�c�o� �1'JE/Rf�;H?�/ - �/ / -� s?,�.,,::��„�-- r= `� . r_�� .�^R �. � i9ao � 1 ith Form :lppro�ed b}' Cit} �`- tumey :ldopt:d b}� Counc : Date -------------- - — ----- �' �rtifi�d F':�.5..�d � C�,� ,,,-yl Serret�� ,� �Y - • / �.�,...� -_ - - - - � ---- -_ . -- J �''7�!� ��?�� / l �3,• _ ii_._ . _ �_� _- -_ _�. _� — -- — . ,� ; ;'�ppru� e ��''��.,r: D<,te �__— _111;Q � �� 30 �'�ppro��ed by 'tlayor . r S�: missl�n to Council � . �,. � � n � . ". _ � ,�; B . � �/W�� -j . �5� - '�---�.`'"�- ' --- � — - ------ ------ y -�`-- --'— _�,��1_�� L`-�_��_,_-- --- - , - �� r '•I��:ZT.'ITTiT.T ' �'Y'TV-rTTTY�-�" �_:rlY.'_ _ '.� . • ` .1. � � � - � � � � • '.�' ..�:;,�.�:: � � . . .'� � a � _" __ .......... �_, ` i !.' 1 � �^�: '_' -_' I mS� • `—T . N�•, t {� � � � • � J `� � .. � � �.� d. t '� 1�} � �'Y::�;�i:'E� I � �' ,i � � • � , t ;: � :::�?;r:. 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GRANT OF EASEMENT WHEREAS, is the owner in fee of that certain land situated in the City of Saint Paul, County of Ramsey, State of Minnesota, more particularly described in Exhibit , attached hereto, hereinafter called "Grantor's Property" , and is referred to herein as "Grantor" ; and WHEREAS, Grantor has agreed pursuant to that Agreement dated by and among the Housing and Redevelopment Authority of the City of Saint Paul, riinnesota, the City of Saint Paul, and Grantor, to grant to the City of Saint Paul a public easement for purposes of pedestrian ingress, egress and transit through Grantor's Property for the Pedestrian Concourse System of the City of Saint Paul, hereinafter the "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 respective successors and assigns, hereby grant unto the CITY OF SAINT PAUL, a Minnesota municipal corporation, an easement for the use and benefit of the public for public pedestrian ingress , egress and transit in, through and over the Grantor's Property and the structures thereon described as follows : all of which above described areas shall be collectively referr�:��: to as the "easement area. " The easement area is expressly herein to be subject ra �uc:h reaGOnable police measures regarding open hours and closing any par�, of all of the ease,nent area within, on or over Grantor 's Property, and regarding public conduct within the System, as the City of Saint Paul may, by ordinance, from time to time determine. The public 's right herein to ingress and egress and pedestrian transit in and through the easement area granted to City herein shall also be and hereby is made subject to such reasonable measures regarding open hours and temporarily closinq part (s) or all of the easement areas within or on Grantor ' s Property as the City of Saint Paul may, by agreement with the Grantor or its successors or assigns, from time to time determin�. This Exhibit C . , • �. . provision shall not diminish City 's right to, from time to time, exercise its police powers unilaterally, by ordinance, concerning open hours, or temporarily closing part(s) or all of the easement, or concerning public conduct within the System, nor shall such agreed or legislated hours in any manner restrict the City's easement interest, 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. Grantor reserves unto itself the unconditional right and privilege of selling, conveying and transferring Grantor 's Property as described above or any interest therein to any corporation, corporations, trust, trusts , individual (s) , part- herships, or other form of venture. In the event of transfer of the Property, the Grantor (seller) may be freed and relieved, from and after the date of such transfer, of all liability as respects the performance of any covenants or obligations on the part of Grantor (seller) contained in the aforesaid Agree- ment thereafter to be performed; provided that Grantor's successor fully and without limitation assumes in writing all duties , responsibilities and covenants of the Grantor thereunder and hereunder. The grant of easement herein shall be subject to the right of the Grantor to change the location of the easement con- ditioned upon the grant of a new easement which shall permit the continuity of the System, and, on the further condition that the new easement area shall be installed at the sole cost and expense of the Gra�tor, and, on the further condition that no change in the easement location shall be made without approval of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, such approval not to be unreason- ably withheld, and on the further condition that said new ease- ment shall be surveyed and described by a registered land surveyor at the expense of Grantor. Notwithstanding anything to the contrary herein, the easement granted herein shall be limited to the life of t'ze improvements constituting the System and shall terminat�� izpo�� the happening of either of the following events : A. In the event the easement granted herein i� vacat��c� . abandoned or terminated in the manner permit`ed by law. B. In the event the building(s) in, upon or over which the easement area is located shall be substantially destroyed or demolished and such building(s) shall not be repaired or reconstructed; provided, however, that in the event such building(s) be reconstructed or replaced, in substantially the same location, Grantor, its successors and assigns , agree that, without further consideration, a substitute easement of substantially equal convenience, area and general configuration shall be given. In the event the easement or any portion thereof is relocated, vacated or terminated under the provisions hereof, City shall furnish a release of such easement or portion thereof to Grantor, its successors or assigns. Grantor, for itself, its respective successors and assigns, does hereby agree for and during the life of said easement, that Grantor or its designee by separate agreement, shall be responsible for and provide for the cost of all repairs , operations, improvements and replacements of the easement area as described herein, it being understood that the aforesaid covenant shall run with the land. All that part of Lots 3 and 14, Block 11, City of St. Paul, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89°34 ' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11, thence N 0°05 'OS" W 46.17 feet along the Easterly line of Minnesota Street as widened 2. 0 feet; thence S 89°50 ' E 40.65 feet; thence N 0°19 ' E 50. 87 feet; thence S 89°41 ' E 1.6 feet; thence N 0°19 ' E 60.4 feet; thence S 89°41 'E 4.33 feet; thence N 45°54 ' E 25.26 feet; thence S 89°30 '40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62.56 feet; thence S 89°41 ' E 32 .79 feet; thence N 0°30 ' E 15.53 feet to the point of beginning af the easeMent herein described; thence S 89°48 ' E 16. 53 feet; thence N 0°30 ' E 6.01 feet; thence N 89°48 ' W 21.11 feet; thence S 0°30 ' W 6.01 feet; thence S 89°48 ' E 4 :58 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83. 6 feet upward to the second floor ceiling at elevation 93. 6 feet. All elevations are City Datum. Contains : 127 sq. ft. m.o.l. EXHIBIT D , ,i , � All that part of Lots 9 and 10, Block 11, City of Saint Paul, (St. Paul Proper) lying within the following described lines: Commencing at the Southwesterly corner of said Block 11, thence S 89°30 '40" E (assumed bearing) 2 .0 feet along the Southerly line of said Block 11; thence N 0°05 '05" - W 46.17 feet along the Easterly line .of Minnesota Street as widened 2.0 feet; thence S 89°50 ' E 40 . 65 feet; thence N 0°19 ' E 50. 87 feet; thence N 89° 41' W 8. 55 feet across the escalator base plate at the second floor level to the point of beginning of the easement herein described, thence S 0°19 ' W 4.8 feet; thence N 89°41 ' W 12.75 feet; thence N 0° 19 ' E 2 .25 feet; thence N 89°41 ' W 2.0 feet; thence N 0°19 ' E 34. 6 feet; thence S 89°41 ' E 2 .0 feet; thence N 0°19 ' E 0.5 feet; thence S 89°41 ' E 6. 80 feet; thence S 44°41 'E 6. 15 feet; thence S 0°19 ' W 28 .2 feet; thence S 89°41 ' E 1.6 feet to the point of beginning; subject to access for repair anc� maintenance of escalator handrails, housinq, and key access . The said easement is limited in height from the surface of the walkway at elevation 83.6 feet upward to second floor ceiling at elevation 93 . 6 feet except the East 8.15 feet to the North 30. 85 feet thereof, which ceiling is at elevation 95.6 feet. All elevations are City Datum. Contains 484 sq. ft. , m.o.l. EXHIBIT E . , �. , All that part of Lot 14 , Block 11, City of St. Pau1, (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89°30 ' 4. 0" E (assumed bearing) 2 .0 feet along the Southerly line of said Block 11, thence N 0°05 '05" W 46.17 feet along the Easterly line of Minnesota Street as widened 2.0 feet; thence S 89°50 ' E 40.65 feet; thence N 0°19 ' E 50. 87 feet; thence S 89°41 ' E 1.6 feet; thence N 0°19 ' E 60 . 4 feet; thence S 89°41 ' E 4 .33 feet; thence N 45°54 'E 25.26 feet; thence S 89°30 '40" E 59.96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62 . 56 feet; thence S 89°41 ' E 32.79 feet; thence S 0°30 ' W 11.6 feet; thence S 89° 41' E 16.78 feet across the escalator plate; thence S 0°19 ' W 7.53 feet; thence S 89° 41 ' E 1.0 feet; thence S 0°19' W 12.0 feet; thence N 89° 41 ' W 2. 61 feet to the point of beginning of the easement herein described; thence S 0°19 ' W 4. 35 feet; thence N 89°41' � 14. 83 feet; thence N 0°19 ' E 4.35 feet; thence S 89°41 ' E 14 . 83 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83. 6 feet upward to the second floor ceiling at elevation 93.6 feet. Al1 elevations are City Datum. Contains 65 sq. feet, m.o.l. EXHIBIT F i i `. . . All that part of Lot 14, Block 11, City of St. Paul (St. Paul Proper) lying within the following described lines : Commencing at the Southwesterly corner of said Block 11, thence S 89°30 ' 40" E (assumed bearing) 2.0 feet along the Southerly line of said Block 11; thence N 0°OS 'OS" W 46.17 feet along the Easterly line of Minnesota Street as widened 20 feet; thence S 89°50 ' E 40 .65 feet; thence N 0°19 ' E 50.87 feet; thence S 89°41 ' E 1.6 feet; thence N 0°19 ' E 60.4 feet; thence S 89°41 ' E 4.33 feet; thence N 45°54 ' E 25.26 feet; thence S 89°30 '40" E 59 .96 feet along the Northerly boundary line of the Transamerica Building; thence S 44°33 ' E 62�:"56 feet; thence S 89°41 ' E 32.79 feet; thence S 0°30 ' W 11. 6 feet; thence S 89° 41 ' E 16.78 feet across the escalator plate; thence S 0°19 ' W 7 . 53 feet; thence S 89°41' E 1.0 feet; thence S 0°19 ' W 12 .0 feet; thence N 89°41 ' W 2.61 feet; thence S 0°19 ' W 4.35 feet; thence N 89°41 ' W 37 .72 feet; thence N 0°17 ' E 11. 8 feet to the point of beginning of the easement herein described, thence continuing N 0° 17 ' E 10. 0 feet; thence S 89°41 ' E 10. 0 feet; thence S 0° 17 ' W 10. 0 feet; thence N 89°41 ' W 10.0 feet to the point of beginning. The said easement is limited in height from the surface of the walkway at elevation 83 .6 feet upward to the second floor ceiling at elevation 95. 6 feet. Al1 elevations are City Datum. Contains 100 sq. feet. KIOSK AREA a�' ,4, . GENERAL POLICY STATEMENT FOR THE CONSTRUCTION OF THE �f1INT PAUL SKYWAY SYSTEM ADOPTED BY THE � CITY COUNCIL OF �AINT PAUL, MINNESOTA JANUARY 8, 1980 DEPARTMENT OF PLANNING HND ECONONIIC DEVELOPMENT OF 7HE CtTY OF SAINT PAUL, MINNESOTn This Policy Statement Supersedes and replaces the General Policy Statement Pedestrian Concourse System Downtown Urban Renewal Project Minr�. R-20 Hciopted by the Housing and Kedeveloprnent Authority of the City of Saint Paul, Minnesata �Xt��B�T C' -- . � • . 'I, i � . GENERAL POLICY STATEMENT FOR CONSTRUCTION OF THE SAINT PAUL SKYWAY SYSTEM TABLE OF CONTENTS PAGE NUM(3�K . A. PURPOSE AND GENERAL DESCRIPTION 1 B. DEVELOPMENT PREMISES AND CONSIDERATIONS 1 C. SK'fWAY SYSTEM ELEMENTS DEFINED 3 1. Concourse Corri�urs 3 'L. Nodes 3 3. Bridges 3 4. Bridge Support Structures;and'Services 4 5. Vertic:al Access Facilities 4 D. CUST SHARING AND FUNDING POLICY t� 1. Bridges 5 2. Concourse Corridors and Nodes 5 3. ESridge Support Structures and Services 5 4. Vertical Access Facilities b ___ 5. Directic�nal Signs 6 6. Hardship Determinations 6 E. REQUIREMEN7'S FOR EXPENDITURE OF CITY FUNDS IN HARDSHIP CASES 7 �. Cost rstimates �nd Fceirnbursements / _. `�uu��saion o2 Ylans 4 . ��r_"';t�;i� ,�ivD �VIA`TElZTALS REC�UIREMENTS ANL� ;:i 1!.�-{:;:.i.,`,� 7 1. SKyway Syste►n Symbol 7 �. Sky�way System Graphics 7 �. 5kyw�y Equipment g k. �kyway Flo�r iviaterials y ?. �c,��course Ceiiii,r;s ancl Lignting y �. �nyway System lVali� 9 7. Skyway Colors iU G. EASE[v1ENT REQUIREII�ENTS 1� H. UPERATION AND MAINTENANCE REQUIREMENTS 11 , , , . � ;+. `i ,' . A. PURPOSE AND GENERAL DESCRIPTION Beginning with the Downtown Urban Renewal Project Area--Minn. R-20, the Housing and' 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 feasible, one major node central to each block, generally at the point where several concourse corridors 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 level sidewalks, enabling pedestrian traffic to move in an enclosed environment protected frorn adverse weather and vehicular traffic. The skyway system has significantly red�ced pedestrian-vehicle conflicts at street level, particularly during periods �f peak traffic, thereby permitting a smoother flow ui vehicular trdffic and greater safety fur the pedestrian. Another irnportant benefit of the skyway systern is the opportunity afforded developers to p�ovide shop and office space abutting the concourse. In the use of such shop space, the public will be unhindered by adverse weather conditior�s and tratfic, thereby promoting the desirability of shopping ar�d doing business in the connected buildir�gs and contributing to the economic strength of Downtown Saint Paul. 1'he.skyway syste►n, through the efforts of trie developers, also rnay contain sculpture, water displays, artwork, and other elements contributing to the aesthetic and cultural �nrict�ment of the citizens of the City, thereby becoming a focus of activity in the downtown area, "!!::� ��:�eral location of the �;�:.�:�..�, system, including concourse corridors, iIOC�CS; VeC t� . .. �:•;;: { Cl�."�."ti �.i� } <;i'!•,;��:'� �:.�c` shown cii� ihe attached maN. B. UEVELOPMENT PREI��ISES r.:vU CONSIL7ERAT'ION:� Incorporation of the pub!:� skyway systern int� private cievelopment and building �wner�hi;- �resents some unique implications for both the public, owners, and redevelopers. With recognition of the Nublic and pc�ivate interests involved in the skyway system, certair► premises have been establishe:; relatin� to the system, and these premises are basic to the regulations and developmerit criteria established for the skyway system as set iorth in succ�eding sections. '1'he followirig premises appiy to the entire �kyway system, even tl�ou�� portions of tf�e ay�terr� �r�ay be buiit t�y �rivate building owners or developers: � . -2- . � �+' , i 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 systerr�. need not necessarily be confined by its own walls. The concourse corridors and bridges will be constructed at a standard width of 12'0", with a larger area to be developed at nodal points. Those segments passing through existing improvements to remain will also be at a standard width of 12'0", except where in the judgment of the City, physical limitations of existing 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 hardship 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 benefit. While adjacent buildings may derive peripheral benefit from a public skyway abutting their properties, no segment of the skyway system or its facilities that are of primary benefit to private interests can be constructed with public monies. The City shall reserve to itself the sole and final determination as to what improvements are of public benefit. 4. The skyway system must have a design identity of its own, distinguishing it from other areas with public access within buildings as an aid to citizens in finding their way throughout the system. Further, where public funds are expended for the skyway system, it must be possible to readily identify ttiose areas publicly provide�! co that the citizens are cognizant of their right to use such areas. The system must posse�s rl.irec:t:��r�� cl��r�t,�; an�i b�� a�cessibl��, identifiable and continuous. 5. The skyway system must functionally and visually help to unify the downtow�. It should be urban in character and should provide a variety of special experiences; it s`�ould not be oi monolithic design throughout its length. The skyway system should possess a variety of floor to ceiling heights and abut spaces af varying design and activities. Nevertheless, it must still possess enough common elements to provide the directional clarity, continuity and identity required. , � � , -3- � ,� ,' . `.,, C. SKYWf�Y SYSTEM ELEMEN"TS DEFINED The skyway system consists of five elerr�ents: l. Concourse Corridors - Concourse corridors will run through a block from building face to building face connecting to � skyway bridge. The primary public purpose of such concourse corridors is the accommodatiori of pedestrian travel from point to point, and as such, a standard width of 12'0" is estdbiisned for such elements. 2. Nodes - IVodes are the points oi intersection of several concourse corridors and/or the location of a vertical access facility. At such points, pedestrian traffic is likely to be heavier and movinb in varyir►� directions, directional decisions are made, and other activities may be occurring. Such nodes must clearly possess a design identity and character se�aratin� them irorn abutting �rivate areas, ar►d must be primarily oriented to the public pur�use of accomrn�dating pedestrian travel in the s{;yway syste�n, including orienta�ion, direc tiun cnanges, dnd congregation or vertical rnovement to street level. The size and conii��ration ot tF�e node will b� dependent upon the number of cuncourse corridors intersectiri� its lucaYion within the downtown and the overall skyway 5ystem, and the amount and nature of anticipated pedestrian activiiy within the node. The node must be large enough to ac�o�nmodate anticipated pedestrian activity and to constitute a special area of importance withi�; ti;e overall skyway system. Thereiore, a wider than 12-foot standard concourse area will be required, where p�s�iQ:�, at one major node in each block and may be necessary at ��ther nodes. 5econdary nodes rnay also occur in sume instances, especially at points ot vertical access io the streei. 1Vhere appropriate, s�ch areas shall also have a width wi�er ti�an the n�rrnal 12 feei a�propriate for concourse corridors. _"s. Bridges - �t:utic� �enerall, span stree ,�:: ; , ;,,, l:et�.-;��F�r; l;t-��,erts� lir:c:s an � � :., .,. essentiail,� t��: �ame public fu��tion _ , ' �c,;,; ;,,.rf.f��►c, the brid�F.s tiri�� ;-. builT ,��,:�i a star�darcl clear wi�.;th uf 1.2'0". Also, the �:ity of Saint Pau1 currentty requires a �:�+.ni��u�n brid�� f�eight clearance of 17'4" at the center of th� street which it ��an:. ,_�r idg�s may span }�i-�vate property but must connect to ar� acceptat�le segrnent of the basi� :,:ct�`,+ �� ;5t�;�1, �i��; access iu �� }�ublic: str�et �r other public �roperty� riridges wilt be �.� � c�:��:st��nt .ie:,��; �.r;C,�.��i!U� i i11P Ci04'v11tUV✓il 10E'3� cunsiscing basi�aily of expuscci steel ai�fN:��•_:� i�;��:itzi f;��l�C��:� !.:��i:•:.. ,;,<:,µ,i'; ;,'v�,:(1 [C1"CdLLU floors and an e�� rate �r-ic! lurnino�,; ' -4- . � , , • , �# , . 4. Bridge Support Structures and Services - Bridge support structures will support the bridges at either end and will be contained within the buildings unless it is structurally necessary to provide bridge supports independent of the building. Bridge services are defined as those electrical and mechanical systems which provide heating, cooling and electrical service to the bridge. Als� included is the roof drainage system. � 5. Vertical Access Facilities - Vertical access facilities in the form of either stairs or escalators provide access to the concourse nodes, corridors, and the bridges from the street. Vertical access between the concourse and street level will be required throughout the skyway system with escalators being required at the principal points of access to the skyway system. Generally, vertical access must be provided at or near each end of the bridges crossing streets and may also be required at other locaiions within the system. Elevators will also be required within each building in the skyway system to provide vertical access for the handicapped. D. COST SHARING AND FUNDING POLICY The following cost sharing and funding policy applies to all skyway system elements (concourse corridors, nodes, bridges, bridge support structures and services and vertical access facilities) not under a construction contract at the time of the adoption of this policy by the City Council, unless otherwise specifically exempted from this policy by the City Council. Such skyway system elements specifically exempted by the City Council will be covered by the General Policy Statement - �'edestrian Concourse System-Downtown Urban Renewal Project-Minnesota R-20, as adopted by the tiousing and Redevelopment Authority of the City of Saint Paul, Minnesota, Revised August, 1972. This cost sharing and funding polic� ��=�st � � �� ;, r -,,;�;:.nt witi� ;t. Paul's �clo�ted Capital Allocation Policies. Tf-,, �' .: � ��;. , t.�,.;� : :o be a Servic.e Sysyem 's,;prove��,�nt ar�d any proposal for an addit.�;< <o the exisYi��g ��cyway system must be base�+ un y!�f: ;r�eriis �i each proposal as to its economic bencfit to the City. i he sole and final determinatior� for each addition to the existing skyway system will resY with the City Council. r . � , , . ,,w .� . l. tirid�es - The City will pay not more than one-half the total cost of each skyway brid�;e, including construction costs, architect's fees and other associated costs. The exact a��:::: will be negotiated between appropriate City staff and benefitting building owners or deveioNc�s. The City Council will make the final determination on the exact cost to be borne by the City. 2. Concourse Corridors and Nodes - lienefitting building owners or developers will pay all costs for constructing, remodeling or reconstructing their buildings to provide acceptable conc�urse corridors and nodes through their buildings. 3. Bridge Support Structures and Services - The developer or building owner at each end oi tf�z bridge will t�e r•espor�sible and will pay all costs ior the provision of structural supports withir� the buildin�, which are necessary to accommodate the bridge. The City will not be financially responsible for such increased strueture to support the bridge, nor will the City Luild independent supports for the bridge at either enu at its expense. With respect to bricige services, the buildir�g �wner or developer will design and connect the �r�ect�anical and electrical systems of its buildings to the bridges and supply to the bric�S�� facilities the necessary heat, cooled air, and electrical power from the mechanical and electri�al systerns �f its buildin�s, unless tt�e buildin� owr�er or developer is advised by the C:ity that, for a specific bridbe, a previously constructed building already contains such facilities. Where d bridge connects the :n�provements of one deveio�er �r building owner w.itt� that of another developer or building owner, each party so conr�ecteci shall be responsible for agreeing as -co now they �vill share ihe cost of providing the required mechanicat a.rc� electrical services to the bridge. Such a cost-sharing agreemen.=: rt��is-c ue reached by the Ift:::.tec1 parties ancl submitteJ tc� the Ciiy tor its approval pr:.:>r t.�l }:Ise ut��,t �.1 ��rid;;,� con�._r,,._. ro� br::i�es ii� new bu:lctings iur wl�iich the tucation is u��t�_=�;�,�_ .e;u a�� tne tii��a r...E �vci-';inb ;::3wi��b ;,reparation, the develc;:er'� wor4ur�� draw�ng aiicl specification will include �ntchar�i� __ ..:,� ti�.c.tri�al equi�rnent ciesi�i�, Ic�c:dtior� �:��e1 connectioi�s tu supply necessary services t� (!i�: ']!'1C�b�S. �":�C uriJ�es wherc� �r�eclS2 l:i,':itilUfl 1S flUt yeI UeteCI711f1e(I 3t tI'le t1fliC Of WUCKIfI�:� ::u .:.,�:�, �:orr;�letiU�� ur� tne builc�ii��;, ihe ueveloper rn�st a�ree to retain the service oi its . . ... .:'�-_ _.: �tIC ri:!ft: �;Ji:�l �.ii'i�j�?� 1pC3tlG1� �5 c��[er�uii�eci; t� }�i�uvicle �1CCt'SSSC�/ UCSl�'fl SC�'Vi� 1 - .i.. _ _ c.t'i:Jl��. _ � , -6- , , , , .� , The building owner or developer must agree to retain the services of its architect to provide information, drawings, documents, and to spend the time necessary with the City's architect in order to coordinate the provision of inechanical and electrical facilities to the bridge - and to resolve all structural, aesthetic and related matters relative to bridge connections. All such design, consultation and coordination will be accomplished in a timely manner so as to permit construction of the bridge as soon as the two buildings to which the bridge connects are capable of receiving the bridge. 4. Vertical Access Facilities - Vertical access facilities will be installed by the benefitting building owner or developer at no cost to the City. Existing vertical access facilities will be used wherever possible. The City Council may, at its sole and fina! determination, require the installation of escalators or elevators as part of the skyway system. The benefitting building owner or developer will pay the costs of such vertical access facilities. S. Directional Signs - The City will pay for the manufacture of all illun�inated directional sign boxes and faces within buildings. The benefitting building owner or developer will pay al� costs for supports, electrical service, installation, operation, maintenance, repair ar.d replacement of such signs. Such directional signs shall be installed by the building owner or developer prior to the opening of the skyway bridge, or bridges, for public use. 6. Hardship Determinations - If a benefitting building owner can show to the satisfaction of the City that the costs noted above constitute an economic and financial hardship, the City may consider financial assistance to any building owner (other than a developer) in an amount not to exceed the market value of th� , :- ��: ;.c:;c�ta�e czs that ,�art �f the b�Jildi^�, which is required for second-level skyway easec�;.�� f; =�:�, [j�<<��c;pE>rs �t.�all r�ot �e. el:�;��i�� for such hardship determination. As used �� :.:: `.� �:.=�^�f��;; ��;YP)�s�e< <,h��la r:ean that p�rson. partnership, joint venture, ar corporation wno is constructing a buildin� or building addition to which a skyway bridge will be connected. In cases where the modification of inechanical and electriccal equipment in a building proves economically infeasible, the City will consider providing the necessary mechanical and electrical equipment as part of the skyway bridge. The City will make the final determination as to whether modification of inechanical and electrical equipment is, in fact, economically infeasible. The City Council will make the final determination on all such hardship cases. . � - � -7- ' .� ,' . E. REQUIREMENTS FOR EXPENUITURE OF CITY FUNDS IN HARDSHIP CASES l. 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 shail the City provide monies under the provisions of this document for improvements which are not clearly identifiable as part of the skyway systern. The cost estimates provided by the owner will include the estimated square foot cost of all finishes integral to the area of the skyway system as set forth in Section F. Such cost information shall included estimated costs for approved vertical access facilities to be provided by the owner. lf 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 du the bridge construction, the City will reimburse the building owner only for actual costs incurred. Such costs must be prover� to the satisfaction of the City. 2. Submission of Plans - Plans shall be submitted by the building owner for approval by the C;ity, indicating all materials and finishes used in the skyway system and the architectu�ai manner in which the skyway system is separated from abutting private building areas where the concourse occurs within the owner's building. The City will rr�ake certain additions to such dr�.wings, including signs and other graphics, furr�iture, and other elements consistent with achieving identity and design continuity for each segment oi the skyway system. F. UESIGN AND MATERIALS REQUIREMENTS AND S`i'HNDARDS ;�� .>rdcr to achieve the design identity, continuity, and ease of orientation necessary if �he skyway system is to function effectively, the City has �:�::�a.b':ished cer�tain des�gn ard materials requirements for the sicyway system. The desi,:;� of tl�e sKV<.u�y sy.�#err� �r:?'��:�; Cach i�lock shall adhere to these requirement�. With ThP ��xc��pti�,��: �.�r tk1G CIf.sSi�P. 3!lC� CJi1SL, .,c�... : �i �i�-ectional signs as noted in Section D.�., th� c;.: -�'o�er ur t�ui.d:;:� uwner 5tiail be reslw��,�� f- iur 3�1 r.osts of design, construction, installation, maintenancN, c�plarement a,�:i �°epai� �� ..li ��e�-ns enumerated in th�:� �;ectio��: ' ' -8- . , S �' ,� r; . � l. Skyway System Symbol - A graphic symbol has been developed for the skyway system. Such symbol shall be used to indicate the location of the skyway system within the building in a manner approved by the �ity. No other use of the symbol will be permitted. 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 for the design and location of all skyway system graphics; the types of graphics and general location criteria are as follows: (a) Directional Signs - Directional signs are the largest and most conspicuous signs in the skyway system. They are used to give directions to streets and to major buildings in the skyway system. All directional signs will be attached to concourse ceilings (or suspended from the ceilings, depending on ceiling height), will be perpendicular to the axis of the concourse area;i� which they are located anci will be the only such . signs to be mounted in this manner. The most important of such signs will be illuminated. The building owner will provide: 1) support for the directional signs above the ceiling; 2) electrical services to the signs; 3) the pendants which connect the signs to the structure above the ceiling. The City has developed standard designs for the directional signs and will advise the developer or building owner of the specific location of the pendants and signs. (b) Maps and Route Directories - Wall-mounted or free standing maps and route directions of the skyway system will be placed in prominent locations at the head of vertical access facilities, within nodes, or in other appropriate locations so that the pedestrian may, together with the directional signs, determine the skyway route to be used in order to arrive easily and quickly at a desired location. 3. Sk�way Equipment - To achieve prominence and identity for major node areas, the buildinb ♦�wner, with the approval of the City, is encouraged to provide skyway equipment in and near the node areas. Such equipment may include sculptures, decorative fountains, public telept�ones, public toilets, c�rinking fountains, kiosks for display of material of public interest, benches, trash receptacles, planter boxes and other equipment as approved by the City. The li,cation of such equipment in or near node areas will be determined jointly by the City anci rhe building owner or developer, based on analysis of expected traffic patterns within the node anci to adjacent private areas. The City and the building owner or developer w:!1 jointly approve the design of all such elements to be placed within the skyway syste►n. -y- ' �. �� = : ��. S!<yway Floor Materials - All skyway bridges will contain terrazzo floors of a brown '� and grey cf�ip in a dark matrix (Venice Art Marble V-1J36, or equivalent), herein referr�d to as "skyway terrazzo." The City will require the use of skyway terrazzo in all or a maj:�r portion of the node to be developed central to each block of the skyway system. S�ch use of a constant material to each bridge and central node will establish a repetitive rhyti��7� of spaces that will aid in achieving identity and continuity for the skyway system. In concourse corridors running between bridges and nodes, other floor 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 to the skyway system where such use wouid tend to obscure the identification of skyway materials with concourse areas. If the building owner chooses to use carpet or other non- • permanent flooring material for concourse corridors, the building owner must agree to replace such carpet with new carpet or other material matching as closely as possible the original in color ar�d texture`at such intervals as may be determined by the City. 5. Concourse Ceilings and Lightis�g - Concourse ceilings shall be of the same materials ihroughout any one building. Minimum ceiling height shall be 8'0", ar�d 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 ceiling; hanging or pendant fixtures will not be permitted. Luminous ceilings are permitted. Artificial lighting intensity shall be a minimurr, of 3U f.c. at every point along the floor. The artificial lighting shall be supplied with eiectricity in such manner that the interruption of service iri ar�y circuit inside the building will not result in total interruption af the required lighting. vVhere adjacent private building areas are open to the concourse, a differentiation in ceiling treatment, height, light level, ar�d/or light color shall be achieved. At nodes and at other locatiuns where ceiling-mounted directional signs are to be located, additional lighting and%or outlets shall be provided to accent such graphic rnaterial. t�. SI<yway System V�alls - Where the skyway system is defined by walls or pa.r�rt:�:+�s s��;�: :: tt�e c:or�course from adjacent private building areas, such walls may be of a design and i-�ncti:,n consistent with the �se and architectural d�sign of such private building areas. �,��}�tions will be required at wall areas where graphic panels, maps, route directories, :;r �.,cher skyway-related graphir. material is to be located. Skyway system walls shali b:� �::f ��r�i��le, easily maintainable, iinished materials. Where shap signs, department identificatio�� signs, or uther permanent graphics not related to skyway grapnics as specif;�:� �u:,•:� are req�►red, they shall be: located �� and/or parallel to concourse walls at a height betwee�� 7'U" �bove the flci�r, except signs pairrted on shop windows ►nay uccur at other heights -io- , i � , . � „� • , consistent with good design practices. No signs, except as specified for skyway related graphics, may project from concourse walls into the concourse easement. 7. Skyway Colors - Skyway-related signs and other graphics will employ a specific color scheme throughout the skyway system as developed by the City. Non-skyway related signs and graphics in proximity to the concourse or node area utilizing the same color scheme as skyway-related graphics will not be permitted. G. EASEMENT REQUIREMENTS In order to assure public return for the public investment made in development of the skyway system in the downtown, all areas of the skyway system must be located either on public property or within public easement granted without consideration by the developer or building owner. Such easements shall be coterminous with the designated areas of concourse corridors and nodes and vertical access facilities; also, shall extend on the ground floor from the foot of vertical access facilities to a public sidewalk or other public property, giving access to a public sidewalk. Such easements shall be required for both those skyway system elements 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 form satisfactory to the City and will be limited to the life of the improvements constituting the skyway system. The easements will grant to the public the right of use of the skyway system for purposes of ingress and egress and pedestrian transit without limitation, except that such easements may attach reasonable conditions regarding closing parts or all of the skyway system within the developer's or owner's structural improvements during non- business hours as dictated by reasonable security requirements of ±he buildings through which the concourse passes. Subject to the following conditions, the developer or buiJ<il;�� °$.�^,>r s��al! h;v�c.� ik,� r�i1,��c at any time to change the locatiors of such easements and the easements shall so prov�de, on the condition that new easements are granted which permit the continuity of the �;cyway system, and the developer or owner installs a new pedestrian concourse on the new easement area at the developer's or owner's sole cost and ex�ense. Aj � -11- � 1 �; �" ► �, In the event the developer or owner elects to substitute a new easement location, it will submit to the City the description thereof, the plans and specifications therefor, and proo� of ability to pay and method of payment therefore for the approval of the City, which approval shall not be unreasonably withheld. The City shall have 90 days after the submission in which to approve or reject the submission. If the City rejects the submission, it must do so in writing 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 90-day period, the City's consent shall be conclusively presumed. The City shall not be required to approve any change in easement location unless the easement to be submitted therefor contains at least the same area and �imensions of the existing easement; and the improvements thereon are of the same character, quality and functional characteristics of the initial concourse, including replacement 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 executior� and delivery of an amendatory agreement ir� recordable form which designates the substitute location and terminates the easement over the old location effective upon completion of the construction of the new cor�course and skyway system� H. OPERATION AND MAINTENANCE REQUIRENIENTS The skyway system, including all future additions, is lucated on public property or within public easements. As such, the City has a proprietary obligation for operation, maintenance, repair and replacement of the skyway systeRi. Nevertheless, the City will require, as part uf the easement agreement, that the developer or building owner assume the full responsi- bility for the operation, maintenance, repair and replacement for all �egments of the skywa; �ystem located within its property, for bridges over streets abutting its property, and carry ��! : ::uch operation, maintenance, repair and replacement at its own expense without cost r: �:�e �:ity. Tn the event that the developer or building owner fails to operate, maint:�i �, �epciir �r replace the concourse system, or any par� thereof, to a reasonable standard, =.he C:ity m�y perform such operations and assess all cost� incurred in so doing against Tni: developer or building owner in accord with the normal procedures for assessments 4 e!a*��a to sidewalk maintenance, repai- and replacement in the City of Saint Paul. �y t�,�.z �s<y way bridges connect the property of one developer or owner with that of another, ttie aev�lopers or owners may share equally, or on whatever other basis is mutually agreeable tu both, the bricige uperai:ion, maintendnce, repair and replacement costs. Such agreement must be submitted to the City tor appr�val prior to commencement of bridge construction. -9- r - . ` �� ` � 4. Skyway Floor Materials - All skyway bridges will contain terrazzo floors of a brown ' • y `�Y and grey chip in a dark matrix (Venice Art Marble V-l036, or equivalent), herein referred ( to as "skyway terrazzo:' The City will require the use of skyway terrazzo in all or a major portion of the node to be developed central to each block of the skyway system. Such use of a constant material to each bridge and central node will establish a repetitive rhyth�Y� of spaces that will aid in achieving identity and continuity for the skyway system. In concourse corridors running between bridges and nodes, other floor 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 to the skyway system where such use would tend to obscure the identification of skyway materials with concourse areas. If the building owner chnoses to use carpet or other non- • permanent flooring material for concourse corridors, the building owner must agree to replace such carpet with new carpet or other material matching as closely as possible the original in color and texture�at such intervals as may be determined by the City. 5. Concourse Ceilings and Lighting - Concourse ceilings shall be of the same materials throughout any one building. Minimum 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 ceiling; hanging or pendant fixtures wil! not be permitted. Luminous ceilings are permitted. ,Artificial 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 lighting. Where adjacent private building areas are open to the concourse, a differentiation in ceiling treatment, height, light level, and/or light color shall be achieved. At nodes and at other locations where ceiling-mounted directional signs are to be located, additional lighting andJor outlets shal! be provided to accent such graphic material. b. Skyway System Walls - Where the skyway system is defined by walls or partitions sepai-u t�.<<. 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 will be required at wall areas where graphic panels, maps, eoute directories, ve• ��her skyway-related graphic material is to be located. Skyway system walls shall be of uurable, easily maintainable, finished materials. Where shop signs, department identificatioi� signs, or other permanent graphics not related to skyway graphics as specified �uovC are required, they shal! be located on and/or parallel tn concourse walls at a height between 7'U" above the floor, except signs painted on shop windows may occur at other heights -io- - � -- � . � t , , r . � '� , i • consistent with good design practices. No signs, exc�pt as specified for skyway related � graphics, may project from concourse walls into the concourse easement. 7. Skyway Colors - Skyway-related signs and other graphics will employ a specific color scheme throughout the skyway system as developed by the City. Non-skyway related signs and graphics in proximity to the concourse or node area utilizing the same color scheme as skyway-related graphics will not be permitted. G. EASEMENT REQUIREMENTS In order to assure public return for the public investment made in development of the skyway system in the downtown, all areas of the skyway system must be located either on public property or within public easement granted without consideration by the developer or building owner. Such easements shall be coterminous with the designated areas of concourse corridors and nodes and vertical access facilities; also, shall extend on the ground floor from the foot of vertical access facilities to a public sidewalk or other public property, giving access to a public sidewalk. Such easements shall be required for both those skyway system elements 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 form satisfactory to the City and will be limited to the life of the improvements constituting the skyway system. The easements will grant to the public the right of use of the skyway system for purposes of ingress and egress and pedestrian transit,without limitation, except that such easements may attach reasonable conditions regarding closing parts or all of the skyway system within the developer's or owner's structural improvements during non- business hours as dictated by reasonable security requirements of the buildings through which the concourse passes. Subject to the following conditions, the developer or building owner shall have the right at any time to change the locations of such easements and the easements shall so provide, on the condition that new easements are granted which permit the continuity of the skyway system, and the developer or owner installs a new pedestrian concourse on the new easement area at the developer's or owner's sole cost and expense. G7�NARY —DEPARTMENT ' G�Ty ��T S�INT PAUL COUIIClI ��jj ,,rryy �� . � BLU6 —MAYOR �' 7�j y�r File N 0.__ r ��,,._,+ ' ' � �' � V��i�L��ZCP. Ordinance N O. / f � �� ` �;; �;.�:,, Presented By /(� 1 ;,,�'L1�''r--'' ' , . � Referred '�o Committee: Date Out of Committee By Date APJ 4RDl:�A�iCE NAKIN� FR44JfSlOY T!-sCt��FOR Rtlfl &R��TlidG �t�T(2 THE HatiSf;dG A�tD RE�E�I�t,O�;t,:�k3' l�ifTit�fi1TY QF T�tE CtT`f OF SAltdi' PACJ�, M1�€tIESdTA, 11 t'it[i�ES07R GpRnOFATld+l, Af�f� !TS StICC��50i2S QR ASS1��lS, PFR�41 SS t�td 7'i? G�FdST�::3r�, p�/l!31T11 t ri A�;D OP�P.I�7E Tli� F�3f.Lat�f 1�� ER— ��Afl PE��S�'�;!?�'� PA4SA�E!�tAYS �VER P��LtC STREETS 4�tTltt3 TF�}E Ct?RP�f�ATE LiMtFS QF T�iE 'CITY ��' Slti.'�i' PP,�'L; �'1?�D ` t) A�ROSS EAST S1}t�"'r� STREET 'dETiIE�?� Ti?F t?2TEEt5EC?t0ii 7'?i�RE— W1T�t (3f' lilil;:tSt)7�1 aTREET A!d� C�:�l',R STRE�T, SA1'� CV�?��I��D PE�J�SYRlA#S i�RSS,�r�,��Y TO �3E CXT�;.�� F,Otd Ti�E +�XiS7lt�G !�f?RTt#LI�STER�+t �i�Tli�'dAL 6/��;�; (s`t'sRTN4lEST CRflSS1°iG� (3'� Tl9E S�1T�'!t S f�2c U� E.'!S7 5�XTN STSt��T i'U Tt�E R1�D i SSOtJ Pt!�7'EL/Tfl+.tPt SQUAR� Cflt9PL�� 0�! 1'tfE tjAR'f� 5 t GE OF EAST S I XT�i STR�ET. 2) ACR�JSS Mt��.ESgTA STf��CT t3ET.,ttEN T;�E iMT�t;S��Ti�t# 'fftEttE'�►!TN OF E/�aT Stlt�'�!T';; P�ACE ,�nU E�ST Sl�T�! ST�cFET� S1SZD QVEQ'r�EA!] Orig cc: Orig• cc: P�[�EST�trs� ��.SSraG��r��r To $E �xT[�a�� Fgc��3 T�E �Aaissr��t �rr�T�t o�N REG TOt�;3 S�tJ�4�'c Ct3?ip��X lt�; '�NE 4•�=ST S 1?E OF t�i��itES�TA STR��T T� R�w o-� Ti�lE �R��tER t3i11L�}I;dt; ON TF�l� E�A�3 SlOE 0� MfFlfI�SOTA STREET. cKS }�K RGP Jcc � JFS SF7G T�t� C�u�rctt, o� Ya�� trir a� sn�ri� �A�L D��s �k�At�; �» �� . ;� ' �_� � Se�tio„ 1. Pso ��;� ` ?� ,.;�' � 7'�at t�rmtssfon and authority 1�crehy are grant�3 to th� ��ousinc� and �e- d�velo�snent AutE:csrity o� tt�e �ity of Sai�t Pavt , t�tn��sota, a F�1nn�sata co�poratic�� andlor its succ3ssors in interest ta co;�sz�ct, r�ain�ajn �s�� _ at� the f�ilo�+rin� oyenc��ad F+�d�strian �t-�5s��ways over ��ltc streets within ths cs�rporate 11�1ts af the City oF Saint Paui ; �nd COUNCILMFN Yeas Nays ' Requested by Department of: Butler " Hozza In Favor Hunt � . Levine _________ q gai n s t By Maddox Showalter Tedesco Adopted by Council: Date Focm Approved by City Attorney Certified Passed by Council Secretary gy ` By I��'',� � Approved by Mayor: Date Appiov �by Mayor for 5ubmission to Council gy B ':��`l ,.�:,.,} ��:;�,.% . Y �� `� �/ , , t _ �i�.-i �' n.� c„� . _ .. ... . -. J .. . . , __,c�- � _.._ __ � ,,M,, • * �� _ . r ' ' . - -2- �� .�t�� . 1) across East Sixth Streefi between the intersection therewith of Minnesota Street and Cedar Street, said overhead pedestrian passage�vay to be extended from the existing �Jorthwestern P�ational Bank (�Jorthwest Crossin�) on the south side of East Sixth Street . to the Radisson Hotel/Town Square Complex on the north side of � East Sixth ;treet. � ' 2) across Minnesota Street between the intersection therewith of East Seventh Place and East Sixth Street, said overhead pedes- trlan passageway to be extended from the Radisson Hotei/Town Square Compiex on the west side of 1linnesota Street to the Bremer Buiiding on the east side of Minnesota Street. Section 2. That the Director of Pub) ic !•lorks is hereby authorized to issue necessar permits to said permittee, the flousing and Redevelopment Authority of the City of Saint Paul , Minnesota for the construction, maintenance, and operation of sa•id overhead pedestrian�passage�•�ays aceording to the plans and specifications approved by the Department of Public blorks and at the separate cost and expense of said permittee, upon said permittee's compliance Hrith the following conditions. a. That sa�d permittee and/or its successors in interest shall , at its own cost and ex�ense and in accordance with ai ) applicable ordinances of the City oF Saint Paul , statutes of the State of ��Rr��sata and , regulations of p�ablic authority having cognizance, construct, main- tain, and operate said overhead pedestrian passageorays hereunder; � . b. That saic! permittee sha11 f this Ordinance; PaY the costs for the publication of c. That said permittee shall pay the costs of administration, engin- eering, and inspection incurred by the Department of Public Works �ue to this undertaking, said costs are estimated to be a sum of Six Hundred Dollars ($600.00) for each overhead passageway noted above and shall be accounted foreunder'separate Department of Pub1 ic 1Jorks Project Plumber(s) ; d. That said pzrmittee shall furnish the Department of Public ldorks � all documents of record for each overhead above, that are a part uf the contract or pncidental toS�iseway . ; execution including, but not limited to, addendums, award or � , contract, contracC amount � of sho . "as built" p)ans, tracings and tracings p plans; . , . e. � That said permittee shall construct each overhead ' way to the satisfaction of_ the Director of Public Porks�ancln�nassage- ! accordance with approved plans and specificatior7s of the Housing t and Redevelopment Authority of the City o` Saint Paul , Minnesota, said � plans and specificatiors on file in the Depar•tment of Public Works. � � , � � . . I . , f _ 1 . , . . r3_ . �'��,� � . Such. construction shall be made in strict compliance with the American Association of State Hiyhw�y and Transportation (?fficials (AIISNTO) SpeciFicati�ns, as amended, and the Uniform Building Code and be auti�orized uncier a building permit issued by the department � of Community Services, Division of Hausing and Building Code Enforcement; _ � f. That said permittee and/or its successors in interest shall fully indemnify, hold harmiess, and defend the City of Saint Paul , its agents, officers and employees from any a�d ail damages, claims, , losses, judc�ments, suits or expenses and on accaunt of all cl�ims of whatever na�ure for injury to person(s) and/or property ari�ing � out of or conr.ected with the construction erection, maintenance, . operation and/or removal of each overfiead pedestrian passageway hereunder; and that supplemental to ali otF�er obligations, on their part, jointiy and/or severally, hereunder,� said permittee and/or � its successors in interest shall furnish and mair�tain and pay atl premiums and other expenses therefor, Casualty lnsurance Coverage, with a duly licensed Casualty insurance Company to the extent of $500,OOO.QO for injury to any person and/or persons in any sinqle incident, and to the extent of $200,000,00 f�r damage to pro�erty in any single accident, indemnifying the City of Saint Paut against liability on account of a11 claims of third persons for injury to person(s) and/or prop�rty arising from or connected with the con- struction, erection, maintenance, operation and/or removal of said structures I��•eut�der, at ali times, ar;d to fuc-nish competent evidence of said coverage, frorn time to time, to the Uirector of Finance and Fianagement Services of the City of Saint Paul ; � g. That said permittee shall not proceed with construction unless and until said permit:ee shall have fully complied with the provis+ons regarding insurance and indemnification contained in t�e City of Saint Paul , Department of Public t•lorl;s "Standard SupplemEntal Speci- fi�cations for Hignway Construction", dated June 1 , 1978, Sectiar, numbered 13Q5.2. For the purpose of this Ordinance, the aforesaid � Section of said Specifications shall be rea�7 as though the ��ord "permittee" u�as substittited for the word "eontractor" wherever same appears therein. Section 1305.2 of the Department of Public lJorks, . City of Saint Paul "Standard Supplemental Specif'rcatio�s for Higt�- � way Construction" dated June i , 1978 is hereby incorporated herein by reference as fully and as completely as if set forth herein ' verbatim. h. TI�aC said permittee and/or its successor.s in interest, shall among other things, �t their ot�un cost and expense make adequate and effecti�re prov3sio:�s therefor and drai� all n�oisture, rairy and snow which shall accumulate thereon by proper devices thraugh each over- head pedestrian passac�eu�ay and in a manner so that thc flowinc� and/ or �pilling of same on any part of said sections of said Public Streets shall be prevented at all times. Said permittee and/or its - � � . . � � �� "_k'i..7�LO��,..Y � -4- � successors in interest shall maintain and operate each over- -- head pedestrian passaqeway at its sole cost and e�ense in a safe condition for pedestrian travel , such mainten�mce to inctude, but shall not be limited to, glass, floor, metal t�i:m, and hard- ware cleaning, polisl�ing, and replacement; roof maa¢�tenance; � repainting; tight bulb replacement and lic+ht fixt�rc cleaning; and the suppiy of heated and cooled air within each braaqe to maintain temperatu res comparsble to that normal�ty m�intaine� 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 �f eacii overhead ' pedestrian passagea�ay noted above entirely within �he lines of the � subject private real estate and entirely ��rithout p�eblic street r.lghts-of-way; ). That said permittee shall notify the Traffic Bureau of the Depart- ment of Public Works if the construction or mainten�ance of each overhead pedestrian passageway st�all make necessary the closing of Minnesota/East Sixth Streets or any part thereof;alt exncr,ses incurred by the Traffic Qureau in furnishing, insta�ling, or re- moving barricades, signs, and other control devicss shall be paid by the permittee; -� . k. That said permittee� andlor its s�ccessors :�z 3nteres� sha? 1 not u�e any part of either averhead pedestrian passagAway €or any advertise- ment or display purposes, withaut the written cansent of the City of Saint Paul and the application thereto of any adver�ising materiai or display shall be deemed prohibited by this Ordinance; 1 . That said permittee and/or its successors in interest shall , at all pertinent times, in the construction, maintenance, and operation of each overhead pedestr+an passageway hereunder, pra�►ide a minimum verticat clearance of at least 17 feet 4 inches beta�een and through- out the course of the bottom of eaci� structure ancf the surface of each section of Minnesota/East Sixth Streets, except as may be altered by the City's future street work in each case; m. That said permittee expressly agrees to comply with Chapter 21b 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 each overhead pedestrian passage- way by not later than one (1) year after cor�mencernent of construction. Said comnencer�ent shall be evidenced by Public b:orks' receipt of � written notification thereof, and shall be dated therein, as further provided for under Paragraph (o) below; _5_ �3��,�� G o. That said permittee shail notify the City Bridge E�gtnPer of the Department of Public !�forks before and wl�en construction . starts and notify the same said Bridge Engineer �yhen construction has been co:npi eted to a 1 1 oe�u for a f i na 1 i nspect i c�n of each over- head pedestrian passageway i�ereunder. p. That each overhead peuestrian passage�•r�y shall be removed by and at the soie cost and expense of sa:d permittee and/or its successors in in;erest whenever the Council of the City of Saint Paul shall by Resolution deterrnine such removal- necessary in the public interest and accordingly order the removal of either • structure from said loca�ion; .q. That said permittee shall , ��lithin the perio� of ten (10) days after the publication of this Ordinance, file with the City Clerk . its written acceptance of this Ordinance and agreem�rt to be bound � by all th� provisions, terms and conditions thereof ti�ithout limitation ti•rhich v�ritten instrum�nt of acceptance and agreement shall be in the form approved by the �ity Attorney; r. That upon the eLecution of an Agreement by and betrreen the City of Saint Paul , the Housing and Redevclopment Authority of the City of Saint Paul , Plinnesofi�, and th� applicable builc�inq/property o�:�ners respecting the aforesaid pedestrian passageways noted above, the � permittee. the Housi�q and Redevetopment �uthority of the City of Saint Paul , 11ir.rzcscta sl;�1 ? �e rcl ievcd oi any fur[r�er obl ic�ation under the terns of this Ordinance, and the successors in irterest of the permittee, the applicabte building{property cwners , shall Le responsible for paying the insurance premiums oi sach overhead pedestrian passageti•iay connecting their b��ildings and shall also be responsible for providing the maintenance and operation of same; s. That upon ti�e Housing and Redevelopment Authority's conveyance of its obligatians under the terms of this Ordinance to the above successors in interest, said permittee's s�ccessors in interest shall furnish and deliver unto the City of Saint P�ul a Surety Cond in the-am�unt of Fifty Thousand Dollars ($�O,OOO.QO) for each over- hea� pedestri�� passapeH�ay (bridge) hereunder, made and execute� by said permittee's successors in inter�s* as Princi�al , and a Corporate Surefiy Company c�uty authorized to transact business in the State of Minnesata as Surety, to and in favor of the City of Saint P�ul �s obligee, conditianed upon tl�e permititee's s;.iccessors in irtei•�st complying with tl�e terms and conditio�s of this Ordinance and aiso . conditioned that, in the event the perm+ ttee's successors in interest fail to maintain or repair each overhead pedestrian oassagearay to a reasonable standai�ci of sa�ety, or fail to remove eith�r overhead pedestrian Fa�sagei,:ay hereunder uron order by the Council , thc City of Saint Paul rr�y undertake the ma+ntenance, repair or removal thereof and may recover its reasonabie cost incurred thereby fr.�m said surety, which Surety Gond shali rc:i7�ain in fuil force and effect as long • as each overhead pedestrian pass��ge�•�ay or any part tihereof remains in that portion of public rights-of-way as sl�own on �lans an file with the Dcpart- ment of Publ ic 4larks. Tf��e Surety c3end sh.�l l be in such form as shal 1 be . 41NK - FINANCE � CAN4RK - DEPARTMENT CITY OF SAINT PAUL F1eci1N0. � 7 . � �LUE -MAYOR � [�(�� Q9.f � ` { /O�GLZIZG��ZCP. Ordinance N O. lU ` � Presented By / � '�,�-'a-�- Referred To Committee: Date Out of Committee By Date _6_ -�.�. , . - approved by the C1ty �tttorney, and sha11 have sctc� surety as sl�ail be apps-ovPd by the Dlrector of Ftnance and t4anage�ent Services; t. That said �ershittee and/or #ts successars ir� interest st�ail subr�tt propos�d ptans an�i speeificattcros to the ��part�rent vf !'ublic 1�otks ffl� review and app�oval of any intended structural rep�irs or fia,jor . maintenanc� r�ork on each brtdge, before 3ny such �rk ts car�ted out. tfpor► cornpletian of such structurat repairs a�prove�t E�y LF�e B�p�rtnent " of Publ ic ��Qrks, pe,-i,..�r.sat fe�ro�uclUte tr�cin�s shaii t� furni�hed tho :)epartment sha+ring tt�a �york c�ona and marked wlth any "as built" ch�ngcs, as �11 as repro�ucible shop dsac�tn� tracl�;� �,f the same; u. That ttse successors in intcrc:st to the permitt�� n each tnstancQ shail sc�bastiit the nccessary insuranc� docur�nts to the Offlce €ngi�eer • of tha �epartr:�ent af t'uUl ic ��orks. The Office Engineer fn ta�n shai I sub�►it said ducurr�ents t� the City Attarr.e; of the City of Sairte Paul fc�r reviQe� ancf, �f s.3ir? Insuranc� ts ��'fici�nk, satd doeun�ents shall be filed E��th the Direztar �f Finance � ttanac�err�nt �rvE�es nf the Clty of Satrzt Paut. . � Sectton 3, . T�at thls f�r�inance shail takc �ffect �nd � in farc� thi�tY (34} days �- from and after tts passage, a�prvval a�d publicatian. y. COUNCILMEN Yeas McMAHON Nays Requested by Department of: `�e1 Pub12c t�laYks -�^�. In Favor - �l� t�---�. j / ; . Levine v Against BY _,'�1+.��l-�.t �_ � ' :�� (_�� Maddox Lbnald E. �Jy�aard, Di�ect�or,�(TJE/fiA�l} Showalter Tedesco DEC 1 i 1g�g Adopted by Council: Date Form Approved by City Attorney Certified Passed by Council Secretary By B • Y �.� ,� i Approvea by Mayor: Dake DEC 13 1979 A rdved by Mayor for Submission to Council gy By' 1r`j ��,'�(j `-.�1.` �, � , , , . �f�� _._ ., . . ' EX�'I,:�a1T?'0^; C?' aDi�1�'>�IS'I'n�TI�lE ORCERS� �� RESOLViT.v:vS , �i�;?? 7i:L?�vANC.r'.'S s �'�7. ►� - �'� ' . � . � . „* ,�� ,-. • � ^ • . . � � . r . � �, � 4' � : • � FE� � 1 1��G' ��.te: � � . - February 1 , 1980 " ��OR'S OFFICE �O: M1�YOR GE�RGE :;..ATI:•'IER FR: Thomas J. Eggum, Pub1Pc Works Office EngPneer � +�� Skyvray Brtdge over Robert .Street between East Sth Street and East 6th ' , • Street • - . � - . . _ - - ., ACT�0�1 R�QJiST�D: Thts Ordinance would grank permi�ssion to the Housing and Redevelopment Authority to construct,•operate and maintat�n, a.:�kya�ay �Red- estrian B�idge over Robert Street beta+een East Sth and East 6th Streets to connect the American National Bank BuTlding and the farm Credit Bank ` AdditTon . : - � . PIIRPOSE ��d�J RATIC�I.�LE FOR T�iIS ACTION: Ordinance No. .16617, C.F.#274025�adopted December 11 , 1979, grants sPmilar permission 'for" � �kyway Bridges over East 6th Street between MPnnesota an.d Cedar Streets • • and Mtnnesota Street between East 6th Street and East 7�h P�tac.e-. " ' ,. . : ..o.� . _ . � � . ATTACF?^�IE:�^S; � . Ordinance � Copy Ord. 16617 • � . � i � _ _ �St � - °� / p� . _ J' r � (, 2nd � ��—/1 �� 3rd l/ � � -� - `1- �� Adopted�� f �' � Yeas Nays �- z HUNT '��r i�� ~'r"{�' � � LEVINE `P��6�r— � McMAHON . TIDESCO PRESIDENT (SHOWALTER) I