04-078-O

ORDINANCE NO. __________


AN ORDINANCE GRANTING A CONCURRENT USE PERMIT TO THE UNIVERSITY OF MINNESOTA FOR SIDEWALK/BIKE PATH, RETAINING WALL, BACK SLOPES, STREET LIGHTINGS AND OTHER IMPROVEMENTS IN THE EASEMENT OR RIGHT-OF-WAY OF JUNCTION AVENUE, BUFFALO STREET AND ST. MARIE STREET (UNIVERSITY OF MINNESOTA, UNIVERSITY OF MINNESOTA-DULUTH).

BY COUNCILOR GILBERT:

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 the University of Minnesota, their successors and interests, referred to herein as the permittees, to occupy, erect and maintain sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements in that part of Junction Avenue, Buffalo Street and St. Marie Street as described as follows:

           The easterly 25 feet of right-of-way of Junction Avenue, southwesterly 25 feet of Buffalo Street and southerly 25 feet of St. Marie Street, all between a line from the north lot line of Lot 1, Block 10, Superior View Addition, First Division, extended 25 feet and a line running northwesterly from the southwest lot line of Lot 7, Block 40, of vacated Nortondale Development, Second Division, extended 25 feet, and that part of Niagara Street between Lot 1, Block 10, Superior View Addition, First Division, and Lot 47, Block 11, Superior View Addition, Second Division, the same as dedicated to the use of the public and the plats on file and of record in the office of the register of deeds in and for the St. Louis County, Minnesota.

     Section 2. The concurrent use permit granted pursuant to this ordinance shall be conditioned upon the permittee agreeing and permanently committing, as a condition running with the land and binding upon permittee and its successors and assigns, to be bound by the terms and conditions contained in that certain Agreement, a copy of which is on file in the office of the city clerk as Public Document No. __________, between the city and the regents of the University of Minnesota dated April 16, 2004, including but not limited to the obligations contained in paragraph 5 thereof, except that the granting of this concurrent use permit shall be deemed to meet any requirement of the agreement pertaining to the granting of any easement to permittee.

     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 sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements and all fixtures and appurtenances 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 sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements shall be so constructed and at all times maintained so as in no way to interfere with or damage any sewer, watermains, gas mains, pipes, conduits or other public utilities now or to be hereinafter located in any part of said Junction Avenue, Buffalo Street and St. Marie Street and agree that the city of Duluth shall not be liable for damage caused to such sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements 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, watermains, pipes, conduits or other public utilities made necessary by the presence of such sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements in said Junction Avenue, Buffalo Street and St. Marie Street.

     Section 6. That this ordinance shall take effect and be in force 30 days from and after its passage and publication.


STATEMENT OF PURPOSE:   This ordinance will have no tax impact. The ordinance provides for the University of Minnesota, Duluth, to construct and maintain sidewalk/bike path, retaining wall, back slopes, street lighting and other improvements within the rights-of-way of Junction Avenue, Buffalo Street and St. Marie Street.