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Item 84-124 Himmelman Walkway• October 22, 1984 Beverly Himmelman 2306 Rhode Island St.Louis Park, Minnesota 55426 Dear Mrs.Himmelman, I have revised the proposed agreement for the 813 Excelsior Avenue walkway project dated September 27, 1984 by adding a schedule. Please review the agreement. I have also submitted the letter to the city council, the city attorney, the city manager and the Lommens (owners of the building at 811 Excelsior Avenue). If every one finds the agreement ac''*ptab]e I would suggest that the letter be signed by each p'`rty and serve as the agreement for construction of the 813 E:re]sior Avenue pedestrian walkway. WALKWAY DEVELOPMENT RESPONSIBILITIES ************************************ 1.Mrs. Himmelman's (813 Excelsior Avenue property owner) responsibilities: a.Remove show window at the Excelsior Avenue end of the proposed walkway. b.Remove debris from hole under the stairway leading to the second floor of the 813 Excelsior Avenue building. c.Fill with suitable material the hole under the stairway leading to the second floor of the 813 Excelsior Avenue building. d.Repair the sloped roof over the basement stairs of the 813 Excelsior Avenue building. e.Repair walls of the 813 Excelsior Avenue building as needed. f.r,lint walls of the 813 Excelsior Avenue building as r/p�ded. g.Grant an easement for the walkway to the City of Hopkins. [he easement would include a reversion clause returning the property to the owner of the 813 Excelsior Avenue property if the City of Hopkins ever decided to close or abandon the walkway. h.Allow the City of Hopkins to mount lights for the walkway on the 813 Excelsior Avenue building if deemed necessary by the City as part of the design developed for the walkway. i.Allow some type of graphic design or artwork to be attached or painted to the wall of the 813 Excelsior Avenue building adjacent to the walkway. j.Mrs. Himmelman or the owner of the 813 Excelsior Avenue building is not responsible for the construction or maintenance of the walkway itself or artwork or walkway lighting placed on the 813 Excelsior Avenue building. 2. Responsibilities of the 811 Excelsior Avenue property owner: a.Repair of the 811 Excelsior Avenue building walls adjacent to the 813 walkway as needed. b.Painting of the 811 Excelsior Avenue building walls adjacent to the 813 walkway as needed. c.Allow the city of Hopkins to place lighting fixtures on the wall of the 811 Excelsior Avenue building as needed to light the adjacent walkway. d.Allow some type of graphic design or artwork to be attached or painted to the wall of the 811 Excelsior Avenue building adjacent to the walkway. Page 2 e.The owner of the 811 Excelsior Avenue building is not responsible for the construction or maintenance of the walkway itself or artwork or walkway lighting placed on the 811 Excelsior Avenue building. 3.City of Hopkins responsibilities: a.Legally describe the walkway. b.Construction of the walkway including: 1.Removal of existing vegetation, paving and other inappropriate material in the walkway. 2.Fill and grade the walkway for drainage purposes. 3.Pave walkway. 4.Provide lighting as appropriate. 5.Provide bollards, sjgnage, plantings, or other design features as called for in the design for the walkway. 110 c.Maintain walkway. • 6-Relocate overhead wire above walkway. 4.City Center Development Corporation/Hopkins Mainstreet responsibilities: SCHEDULE ******** a.Develop design for the walkway acceptable to city, adjacent property owners and the Hopkins Mainstreet Task Force. Page 3 1.Mrs. Himmelman (the 813 Excelsior Avenue property owner) will grant an easement to the property for the walkway and the City of Hopkins shall take responsibility for the walkway property within 60 days of the completion of items 1 a, 1 b, 1 c, 1 d, 1 e, and 1f listed in the Walkway Development Responsibilities of this agreement. The City will construct a temporary fence across the front of the walkway property until the actual walkway can be constructed. 2.The City Center Development Corporation/Hopkins Mainstreet will prepare the final design for the walkway within 90 days of the City of Hopkins taking title to the walkway property or by April 1, 1985 whichever is later. 3.The City of Hopkins will construct the walkway within 120 days of the City receiving the easement to the walkway property or by August 1, 1985 whichever is later. Mrs. Himmelman owner 813 Excelsior Av.W. Hopkins,Mn. City of Hopkins City Center Development Corp. Sincerely, Kevin Locke Mr. Lommen owner 811 Excelsior Av.W. Hopkins,Mn.