The Empire Parking Garage has a skybridge connecting it to the Northern Hotel.  The bridge was planned early in the project and at that time, staff and Northern officials knew that there would need to be future agreements for access and maintenance.  The City built and owns the bridge,  it is attached to both structures and the Northern paid for most of the interior finishes.  The proposed agreement allows the physical connection between the two structures, it allows public and hotel guest access during the daytime and other reasonable hours of operation, requires the City to maintain the exterior and the Northern to maintain the interior but allows either party to assume those responsibilities if the other party fails them, requires each party to insure the property and to indemnify the other for negligence.  The agreement can be assigned to a Northern successor and allows the City to close the bridge if the Northern ceases operations or changes use.  Because the agreement affects all other garage property owners, each party executed the agreement when they purchased their units on August 27th.     

The City Council may approve, amend or disapprove the agreement.  Amendments would have to be submitted to all signatories.  Disapproving it will require the City to maintain the bridge but leaves it in legal limbo since it is attached to both structures, both parties expended funds on it but there would be no formal easements, use or operating rules.

The construction was part of the garage project and the cost is estimated to be $100,000.  On-going maintenance costs should be minor unless the bridge is damaged.  Serious damage should be covered by the required property insurance.

Staff recommends that the City Council approve the Empire Parking Garage Skybridge Easement Agreement.