ORDINANCE NO. __________

The city of Duluth does ordain:

Section 1. Under the authority of Section 100 of the 1912 Home Rule Charter of the city of Duluth, as amended, and subject to the conditions, limitations and restrictions hereinafter set forth, permission is hereby granted to St Luke's Hospital, their successors and interests, referred to herein as the permittees, to occupy, erect and maintain a skywalk in that part of East First Street as the same was dedicated to the use of the public and the plat of Duluth Proper First Division, on file and of record in the office of the register of deeds in and for the St. Louis County, Minnesota, described as follows:

That part of platted First Street lying between Blocks 20 and 35 of the recorded plat of Portland Division of Duluth described as follows:

Commencing at the most Northerly corner of Lot 16, Block 20, Portland Division of Duluth, thence Southwesterly along the Northwesterly line of said Block 20 a distance of 25.00 feet to the point of beginning; thence deflect 90-00'-00" to the right in a Northwesterly direction a distance of 66.00 feet to the Southeasterly line of said Block 35; thence deflect 90-00'-00" to the left in a Southwesterly direction along said block line a distance of 14.00 feet; thence deflect 90-00'-00" to the left a distance of 66.00 feet to said Northwesterly line of Block 20; thence deflect 90-00'-00" to the left in a Northeasterly direction along said Block line a distance of 14.00 feet to the point of beginning and there terminating.

Section 2. That before this ordinance shall be effective for any purpose whatsoever, the aforesaid permittees shall file with the city clerk a duly executed and acknowledged written acceptance of the terms of this ordinance, and shall agree to pay the cost of publishing this ordinance and a recording of a certified copy thereof at the registrar of titles of St. Louis County, Minnesota.

Section 3. That said permit granted under this ordinance may be terminated at any time when and if the city of Duluth determines to use the area occupied by said permittees for any purpose in accordance with the duly dedicated public easement or other lawful use. Giving the permittees six months' written notice by resolution of the council of the city of Duluth to the last known address of the permittees shall be sufficient notice of termination.

Section 4. That upon the giving of the notice of termination as aforesaid, the permittees shall remove said skywalk and all fixtures and pertinencies of every kind whatsoever attached thereto from the tract of land described above within said six months, all at the expense and cost of the permittees, and without right on the part of the permittees to claim from the city of Duluth, or any of its officers, agents or servants, any compensation, reimbursement for damages of any kind whatsoever.

Section 5. That by the acceptance of the terms of this ordinance as aforesaid, the permittees hereby agree to save harmless and defend and indemnify the city of Duluth against any claims or demand which may arise against the city of Duluth by reason of any act or omission of the permittees, and agree that such skywalk shall be so constructed and at all times maintained so as in no way to interfere with or damage any sewer, water mains, gas mains, pipes, conduits or other public utilities now or to be hereinafter located in any part of said East First Street and agree that the city of Duluth shall not be liable for damage caused to such skywalk, while the city is engaged in making repairs to public utilities provided that the city exercises reasonable care to avoid such damage, and agree to pay to the city of Duluth all extra costs of installation of any such sewers, gas mains, water mains, pipes, conduits or other public utilities made necessary by the presence of such skywalk in said East First Street.

Section 6. That the construction of the skywalk be limited to and in substantial compliance with the plans submitted by Damberg, Scott, Gerzina, Wagner Architects, entitled, "Skywalk Elevation", Sheet A8.2, St. Luke's Medical Office Building Ambulatory Surgery Center, dated, 1/6/00 revised 1/14/00 and survey by Salo Engineering, Inc., entitled, "Proposed Easement Between Blocks 20 & 35, Portland Division," and on file in the office of the city clerk as Public Document No.__________.

Section 7. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.

STATEMENT OF PURPOSE: This ordinance provides for the construction of a private skywalk to connect St. Luke's Hospital with the new 40,000 sq. ft. St. Luke's Medical Office Building and Ambulatory Surgery Center on the corner of Tenth Avenue East and First.

The height of the skywalk bridge structure is to be 16' 2" above the roadway. The design and height is very similar to the existing skywalk connection from St. Luke's to the Northland Medical Center which was approved by council action March 21, 1977.