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HomeMy WebLinkAboutResolution No. 070-16 -1 - RevocPermit.SkywayBridge.309 S. Brdway.GKH2 Holdings, LLCRESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to GKH2 Holdings, LLC, to allow the installation, maintenance and repair of a pedestrian skyway bridge over the public alley located west of the building at 309 South Broadway as depicted in Exhibit A. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions- 1. Permittee shall install the pedestrian bridge consistent with the specifications stated in Exhibit B. 2. Permittee shall perform all work and bear all costs associated with the installation, maintenance and repair of the pedestrian skyway bridge. 3. Permittee shall remove the pedestrian skyway bridge upon termination of this Agreement at Permittee's cost and shall reimburse the City for any costs incurred should the City find it necessary to remove the pedestrian skyway bridge. 4. This Permit is not assignable except with the City's consent and shall terminate at any time when the City deems the removal necessary. 5. Permittee is responsible for any damage arising from the activity of the Permittee, its agents or assigns, in the exercise of the Permit, and Permittee shall repair such damages, or in lieu thereof and at the option of the City, shall make an appropriate settlement with the City. 6. Permittee is responsible to ensure that the pedestrian skyway bridge will be used in accordance with all applicable City codes, ordinances, and all relevant laws. 1 7. Permittee shall maintain the pedestrian skyway bridge consistent with the requirements found in Exhibit B. 8. Any and all claims that arise on behalf of the Permittee, its agents or assigns, as a consequence of any act or omission on the part of the Permittee, its agents or assigns, shall in no way be the obligation or responsibility of the City. Permittee shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees, which the City, its officer or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of Permittee's installation or maintenance of the pedestrian skyway bridge on the City's property; or any negligent or willful act or omission of the Permittee, its agents or assigns, in the execution, performance, or failure to adequately perform Permittee's obligations pursuant to this Agreement. To satisfy this requirement, Permittee shall execute the Release and Hold Harmless Agreement attached as Exhibit C. 9. In order to protect itself and to protect the City under the indemnity provisions set forth above, Permittee shall, at its expense, procure and maintain general liability insurance. The insurance policy shall name the City as an additional insured. Such policies hall apply to the extent of, but not as a limitation upon or in satisfaction of, the indemnity provisions herein. Permittee shall pay all retentions and deductibles under such policy of insurance. 10. The Permit is limited to the installation, maintenance, and repair of a pedestrian skyway bridge. No additional improvements may be constructed within this public alley. 11. The Permit shall be deemed to be a covenant running with the land identified in the Permit. 12. This Permit is not intended to be for any specific period of time, and Permittee shall, upon demand by the City acting through its City Engineer, remove the encroachments authorized by this Permit. If demand for removal has been made and the encroachments are not removed, the encroachments shall be deemed the property of the City and the City may proceed to remove all or a part thereof without the liability for damages to Permittee. Permittee shall reimburse the City for any costs the City incurs in removing the encroachments. Permittee shall not receive any prescriptive rights by this grant, nor shall it see or be entitled to any relocation costs or other damages from the City for removal of the encroachments. 13. This Permit is further subject to the following two conditions: (a) Should the City ever desire to expand the skyway system in that part of the block east of the alley (those buildings facing Broadway Avenue) to the east, north or south, that the City will engage a historical consultant to review the 2 proposed change for impact to the historical integrity of the building(s) under consideration; and (b) Permittee shall meet with the City and adjacent property owners to negotiate the extension of the skyway system to adjacent properties. The Mayor and the City Clerk are authorized and directed to execute the revocable permit, subject to the above conditions, on behalf of the City. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS ATTEST: CITY CLERK DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2016. (Seal of the City of Rochester, Minnesota) Res 1 5\RevPermit\22 MAYOR OF SAID CITY 3 EXHIBIT B MINIMUM STANDARDS FOR THE DESIGN, OPERATION, MAINTENANCE, AND REPAIR OF THE SKYWAY SYSTEM IN ROCHESTER, MINNESOTA SECTION 1 — GENERAL 1. It is the intent of the City Council to require the design, operation, maintenance and repair of the skyway system, including Alley Skyway Bridges, skyway corridors, modal areas and vertical access facilities to provide a functional and attractive system and to preserve the investment in the system in the best possible manner. "Operation" shall include heating, cooling, lighting, cleaning and providing security for the skyway system. 2. Each property interest, private or public, traversed by the skyway system shall be responsible for the operation, maintenance and repair of the system traversing their property, and shall be responsible for that share of operation, maintenance and repair of each Alley Skyway Bridge connected to their property in accordance with an operating, maintenance and repair agreement entered into by the owners of the properties connected by the bridge. 3. Each property interest, private or public, traversed by the skyway system shall provide to the City Administrator's office the name of the individual administratively responsible for the operation, maintenance and repair of that segment of the system within their property. All property interests connected to a Alley Skyway Bridge shall jointly determine and shall provide to the City Administrator's office the name of one individual administratively responsible for the operation, maintenance and repair of such Alley Skyway Bridge. SECTION Il — DESIGN To ensure efficiency, safety, security, good maintenance and other public objectives, the following minimum standards for design are adopted; 1397995A B-1 All skyway corridors, subway corridors and Alley Skyway Bridges shall have a clear width of not less than 12 feet, and a clear height of not less than 9 feet. Where existing building structure elements interfere with the clearances, or otherwise render them impractical or would constitute undue hardship on the property owner, a lesser width or height may be allowed. 2, Minimum Alley Skyway Bridge clearances above public right-of-ways shall be 15'-6", except that a minimum clearance of 17'-4" shall be maintained above state highways. 3. The Alley Skyway Bridges should be designed to look as light and airy as possible, and compliment the adjacent buildings. Exterior materials should be chosen such that they will blend with adjacent buildings as much as possible and will minimize maintenance time and costs. Glass windows should comprise a minimum of 50 percent of the wall surface and should be double — or triple — insulated safety glass. The Alley Skyway Bridges should have a HVAC system designed to provide indoor temperature according to ASHRAE 90-75 standards. The controls for the HVAC system shall allow 50 degree F winter temperature and 85 degree F summer temperature. Skyway System corridors and bridges should have a indirect light source and maintain a minimum illumination level of fifteen foot candles on bridges and thirty foot candles in building corridors during the Skyway System hours of operation. Security lighting in compliance with the City Building Safety Department requirements should be provided in each Alley Skyway Bridge during non -operating hours. Changes in elevation within the skyway and subway corridors, and within Alley Skyway Bridges shall be accomplished by ramping at a slope not exceeding one foot of height in twelve feet of distance. Where existing building structure elements provide such use of ramps, a combination of stairs for able-bodied and a lift fro the handicapped shall be provided. 7. Flooring in corridors and bridges should be of a type and quality that will complement rather than impede use by the handicapped, and shall be of type and quality suitable for high traffic areas. Where a skyway or a subway corridor passes through an open floor area, the flooring of the Skyway Corridor or Subway Corridor easement area shall contrast surrounding area flooring in order to aid the pedestrian in identifying the Skyway or Subway Corridor, or a Nodal Area. 8. Doorways are to be provided at each end of Alley Skyway Bridges crossing streets, and at one end of skyway brides crossing alleys. Swinging doors must open away from the flow of traffic when approaching the doors on the right-hand side of the skyway corridor. All doors on the Skyway System should provide an adequate fire separation. 9. Structural support for Alley Skyway Bridges should be designed as an integral part of new buildings. On existing buildings, the existing structure should be used if possible. Where not possible, the Alley Skyway Bridge supports should be placed within the building wall. Columns in the public right-of-way should be allowed only when no other alternative is possible. 13979950 B-2 SECTION 111. — OPERATION AND MAINTENANCE 1. The skyway system shall be open to the public during the following time periods: Monday through Thursday Friday Saturday Sunday and Legal Holidays 6:00 A,M. to 12:00 Midnight 6:00 A.M. to 1:00 A.M. Saturday 8:30 A.M. to 1:00 A.M. Sunday 8:30 a.m. TO 10:00 P.M. 2. uring the Skyway System hours of operation, the temperature shall be maintained between 65 and 85 degrees Fahrenheit, measured at a height of 30 inches above the floor. During all after -hour periods in the winter, a minimum temperature of 50 degrees Fahrenheit is to be maintained. 3. General maintenance of the heating and cooling equipment that has been installed as part of the Alley Skyway Bridge Projects shall be performed in substantial compliance with the manufacturer's recommendations or other generally accepted serving standards. In addition, periodic inspection should be made to determine that the equipment is operating properly. 4. Reasonable HVAC equipment service records must be maintained by those responsible for maintenance of the equipment. Such records must be made available for inspection by the City. Artificial lighting shall provide a minimum intensity of 15-foot candles at every point along the floor of a skyway corridor and a subway corridor during the Skyway System hours of operation. Minimal security lighting must be provided in Alley Skyway Bridges during the time the system is not open. Lighting in Alley Skyway Bridges, skyway corridors and subway corridors may be controlled by sensors to turn off lights when external sources provide the minimum intensity. 6. Lighting in corridors and bridges shall be maintained so that burned out bulbs or fixtures are replaced as needed on a weekly basis. Fixtures shall be cleaned as needed. 7. Any roof drainage system constructed as a pail of a Alley Skyway Bridge Project shall be maintained in a manner that it will fiuiction as designed. Intake screens shall be cleaned, and beat types if installed, shall be checked every six months or on an as -needed basis. 8. At all locations where fire doors are constructed as a part of the skyway system, the property interests responsible for the maintenance, operation and repairs of that segment of the skyway system shall check the operation of the doors in accordance with the Fire Code, 9. The following schedule shall be adhered to, as a minimum, for the routine cleaning of skyway corridors, subway corridors, and Alley Skyway Bridges: 1397995v4 B-3 (i) Throughout every day of operation: (1) Pick up waste and trash (2) Remove spills from floor (ii) Daily: (1) Vacuum carpet or clean other floor surfaces (2) Remove spots from carpet (3) Remove hand prints and other smudges from interior glass surfaces (iii) Monthly: (1) Clean and polish or damp -wipe all handrails, mullions, base plates, and header frames. (2) Surface clean all carpet by use of Bonnet method, carpet pad method or other method recommended by the carpet manufacturer (iv) Quarterly: (1) Replace damaged ceiling tile (more often if needed) (2) Wash interior and exterior surfaces of all glass (v) As needed: (1) Repair burns, snags and loose seams in carpet (2) Shampoo and pile lift or hot water extract the carpet as recommended by the carpet manufacturer or other generally accepted serving standards, with special attention given to high traffic areas and entrance points to the skyway system. (3) Touch-up paint 10. Prior to the placement of waste receptacles or ash urns within the Skyway System, the owners must submit catalog data on the proposed devices to the City Administrator's office for prior approval. All waste receptacles and ash urns shall generally be located in areas adjacent to doorways, elevators, telephones and interior corners of intersecting walls. 11. Each property interest, public or private, responsible for operation, maintenance and repair of Alley Skyway Bridge or a portion thereof shall provide general liability insurance with a combined single limit for bodily injury and property damage in the amount of $1,000,000 for the Alley Skyway Bridges or bridges connected to their properties, and allowing the City at its option to be named as an insured, providing the City agrees to reimburse the private property owners for any increase in premiums resulting from naming the City as an 1397995v4 B-4 additional insured. Proof of such insurance shall be filed yearly with the City Administrator's office. SECTION IV -- REPAIRS Repairs to Alley Skyway Bridges, and to electrical, heating, ventilating and air- conditioning equipment used in conjunction with such Alley Skyway Bridges shall be performed by the responsible property interest, acceptance of a Alley Skyway Bridge project by the City, the property interests responsible for maintenance and repair will be furnished with guarantees, warranties and maintenance manuals required by the construction specifications. Such warranties and service manuals shall be maintained permanently, and shall be kept current. SECTION V — SURVEILLANCE 1. During the hours of operation, including any special extended hours, each property interest, public or private, connected to the Skyway System shall be responsible for providing surveillance within the Skyway System on its property, and for providing surveillance of and on all Alley Skyway Bridges connected to its property. 2. Each responsible property interest shall provide such surveillance of the Skyway System in the same manner as surveillance is provided within the remainder of its property, and, as a minimum, shall provide hourly surveillance of that portion of the Skyway System, including Alley Skyway Bridges, skyway corridors, subway corridors and vertical access facilities for which it is responsible. 3. If, as a result of surveillance, or otherwise, a party has knowledge of a violation of law, such party, in its sole discretion, either shall undertake the initial action to handle the situation itself or shall inunediately contact the City Police Department. SECTION VI — SECURITY The City shall provide customary City Police protection to the Skyway System in the same manner as it provides Police protection to other private and public properties within the corporate limits of the City. 1397995v4 B-S EXHIBIT C RELEASE AND HOLD HARMLESS AGREEMENT The undersigned do hereby agree to indemnify, hold the City of Rochester harmless, release and to defend the City of Rochester for any and all damages, or from any and all claims or causes of action made by any party, including any takings claims, in any action resulting from the granting of this permit or the placement of the improvements within public right of way or easement during the term of the revocable permit, from the undersigned's use of the City's right-of-way under the grant of authority contained herein or resulting from the City's decision to revoke the revocable permit. OWNER: GKH2 HOLDINGS, LLC. Its