Section 17.36.060 Obligations and responsibilities of private property interests.

1. No person may construct any portion of or connection to the skywalk system without the approval of the city council. Connection to the skywalk system shall include connection to a property which is traversed by or connected to an existing portion of the skywalk system.

2. Any person constructing any portion of or connection to the skywalk system shall provide or grant to the city at no cost an easement for public pedestrian travel through and over all skywalk corridors, skywalk bridges, nodal areas and vertical access facilities across, in or though such private property and further grants to the city at no cost an easement for pedestrian travel through and over any future skywalk corridors, skywalk bridges, nodal areas and vertical access facilities which may become necessary to extend the skywalk system beyond such property to an adjacent property.

3. No person shall construct or provide a portion of the skywalk system traversing their own property which shall not comply with the minimum design standards and criteria of this chapter and the rules and regulations promulgated thereunder.

4. A private property interest shall be responsible for the costs of maintaining, operating and repairing that portion of the skywalk system traversing their private property which are subject to a skywalk agreement then in existence; all in conformance to the operation, maintenance and repair standards set forth in this chapter and in the rules and regulations promulgated by the board. Private property interests may enter into cooperative agreements to provide maintenance, operation and repair of skywalk areas they share. In the event that a particular private property interest fails to fulfill its responsibilities for the operation, maintenance or repair after reasonable written notice to do so from the board, the board shall secure such operation, maintenance or repair and the city council shall assess the cost of performing such operation, maintenance or repair against the private property upon reasonable notice and hearing before the city council.

X = cost of the administration, for the designated period of time including the actual cost of wages and benefits for city employee services involved in such administration to be allocated to each single private property interest.

A = the total of seventy-five percent of the first-floor gross square footage and one hundred percent of the second floor gross square footage and twenty-five percent of the third floor gross square footage and five percent of the fourth through thirteenth floor gross square footage (such gross square footage shall not include that area utilized for ramp parking other than skywalk corridors, nodal areas and vertical access facilities located in such parking ramp and connected directly to the skywalk system).

The board shall, on a monthly basis, determine such costs of administration for the previous month and shall fix the amount due from each private property interest who shall pay said amount to the board within thirty days of the date of the board's billing. In the event that same is not paid within thirty days of the date of the board's billing, the board shall submit to the city council an itemization of such default. The city council may assess such costs against the property of the individual private property interest who is in default. A bill not paid within 30 days of the date of the board’s billing shall draw interest at the rate of one percent per month until paid.

6. Private property interests within each block, defined as an area enclosed by the center lines of public street rights-of-way, shall be responsible for the costs of maintenance, operation and repair of that portion of the skywalk system within the block outside the primary operational control of any private property interest. Private property interests may cooperatively agree to fulfill their responsibilities with respect to maintenance, operation and repair of the skywalk system outside of their primary operational control within their block and between adjoining blocks and share the costs according to a mutual agreement. Executed copies of any such agreement shall be filed with the board.

In the instance of no such agreement, the board may make arrangements to carry out needed maintenance, operation and repair services. The cost of such services will be shared according to the following formula:

The board shall, on a monthly basis, determine such repair costs of operation, maintenance and repair for the previous month and shall fix the amount due from each private property interest who shall pay said amount to the board within thirty days of the date of billing. In the event that the amount billed is not paid within thirty days, the board shall submit an itemization of such default to the city council. The city council may assess such costs against the property of the individual private property interest who is in default. A bill not paid within 30 days of the date of the board’s billing shall draw interest at the rate of one percent per month until paid.

7. A private property interest shall be responsible for providing surveillance of and on that portion of the skywalk system traversing their private property all in conformance to, or exceeding, the standards for such surveillance set by the board. If as a result of such surveillance, or otherwise, a private property interest has knowledge of a violation of law, such private property interest, in its sole discretion, shall undertake the initial action to handle the situation itself or shall immediately contact the city police department. The city shall be responsible only to provide customary police protection to the skywalk system in the same manner as it provides police protection to other private and public properties within the corperate limits of the city. If the private property interest fails to fulfill its responsibility for surveillance, the board may provide for such services and bill the cost thereof to the private property interest as a portion of the amount due under subsection 6 of this section.

8. A private property interest shall provide comprehensive general liability insurance for the portion of the skywalk system traversing their private property. Such policy of insurance shall name the city and the board as additional insureds and shall provide thirty days advance written notice to the city and the board before expiration. A current certificate of insurance shall be kept on file with the board. The board shall establish, through its rules and regulations, minimum levels of comprehensive general liability insurance coverage. No such policy of insurance shall be cancelled or terminated unless thirty days advance written notice shall have been delivered to the board. If the private property interest fails to provide sufficient insurance coverage, the board may provide same and bill the appropriate amount to the private property interest as a portion of the amount due under subsection 6 of this section.

9. The private property interest shall carry casualty insurance in an amount sufficient to rebuild the skywalk system that traverses their property. Such policy of insurance shall name the city as additional insured and shall provide thirty days advance written notice to the city and the board before expiration. Current certificates of insurance shall be kept on file with the board. Such insurance shall not be cancelled or terminated unless thirty days advance written notice shall have been delivered to the board. If the private property interest fails to provide sufficient insurance coverage, the board may provide same and bill the appropriate amount to the private property interest as a portion of the amount due under subsection 6 of this section.

11. The private property interest shall provide the board, its agents, representatives or employees with access at all reasonable times to portions of the skyway system which traverse their property for purposes of enforcing or carrying out this chapter or the rules and regulations promulgated thereunder.

12. A private property interest may enter into an agreement with one or more other private property interests to provide for their joint sharing and undertaking of their responsibilities and obligations under this chapter and the rules and regulations promulgated thereunder. Any such agreement shall be first subject to the approval of the board.

13. The private property interest shall hold harmless, indemnify and defend the city, its officers, employees and agents from and against all loss or expense, including court costs and attorney's fees, by reason of liability imposed by law upon the city, its officers, employees and agents for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, both real and chattel, including the loss of use thereof, arising out of or in consequence of, whether in whole or in part, the improper or negligent operation, maintenance or repair of that portion of the skywalk system traversing their private property, or arising out of or in consequence of the failure of its building structure, including failure of its structure at the point where a skywalk bridge abuts the private property interests improvements.

14. The obligation of a private property interest shall cease if it transfers its interest to another financially responsible party who assumes its obligation under this chapter. The board will determine financial responsibility based upon accepted accounting practices and definitions. The obligations of the private property interests and their successors and assigns shall cease if the private property is taken by an exercise of the power of eminent domain, or if the portion of the skywalk system transversing their property is formally abandoned by the city as part of the skywalk system.

15. The private property interest shall be responsible for those excess skywalk system operation costs determined by the board to be attributable to the private property interest pursuant to subsection 14 of Section 17.36.040. (Ord. 2002-0053; 88/T-6552; 84/T-3053)