DISCLAIMER

 

06-043-O

ORDINANCE NO. __________

 

AN ORDINANCE GRANTING TO DULUTH LAKEWALK OFFICES, LLC, A CONCURRENT USE PERMIT TO CONSTRUCT AND MAINTAIN PARKING SPACES, FOR PRIVATE USE, IN THE RIGHTS-OF-WAY OF 15TH AVENUE EAST AND SOUTH STREET.

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 Duluth Lakewalk Offices, LLC, their successors and interests, referred to herein as the permittees, to occupy, construct and maintain a pedestrian structure and private parking spaces in that part of 15th Avenue East right-of-way between London Road and South Street, and South Street to a point 200 feet east of the east right-of-way of 15th Avenue East as the same was dedicated to the use of the public and the plat of Endion Division of Duluth, on file and of record in the office of the register of deeds in and for the St. Louis County, Minnesota, described as follows:

           15th Avenue East right-of-way adjoining Block 18, Lots 8 and 9, Block 19, Lots 1 and 16, Endion Division of Duluth; and, that portion of South Street adjoining Block 19, Lots 13-16, Endion Division of Duluth.

     Section 2. That before this ordinance shall be effective for any purpose whatsoever, the aforesaid permittee shall file with the city clerk: a duly executed and acknowledged written acceptance of the terms of this resolution; a certificate of insurance approved as to form by the city attorney evidencing that the permittee has in force insurance meeting the following requirements:

     (a)  A comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,000,000 for bodily injuries and in an amount not less than $300,000 for property damage or $1,000,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     Section 3. That this permit shall expire on January 1, 2008, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,200,000 for bodily injuries and in an amount not less than $400,000) for property damage or $1,200,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     Section 4. That this permit shall expire on July 1, 2009, for any purpose whatsoever, unless prior to such date, permittee files with the city clerk certificates of insurance evidencing that permittee has in force insurance meeting the following requirements:

     (a)  Comprehensive general liability insurance policy shall be maintained in force by permittee in an amount not less than $1,500,000 for bodily injuries and in an amount not less than $500,000 for property damage or $1,500,000 single limit coverage. Such coverage shall include all permittee activities occurring on the permitted premise whether said activities are performed by employees or agents under contract to permittee. Such policy of insurance shall be approved by the city attorney and shall contain a condition that it may not be cancelled without 30 days written notice to the city of Duluth. The city of Duluth shall be named as an additional insured on said policy of insurance required by this paragraph. Current ISO additional insured endorsement CG 20 10 is not acceptable. If the ISO 20 10 is used, it must be a pre-2004 edition.

     Section 5. 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 6. That upon the giving of the notice of termination as aforesaid, the permittees shall remove said parking spaces and all fixtures and pertinences 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 7. 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 parking spaces 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 15th Avenue East right-of-way and South Street right-of-way and agree that the city of Duluth shall not be liable for damage caused to such parking spaces 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 parking spaces in said 14th Avenue East right-of-way.

     Section 8. The permittee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street, alley or public place, or remove from the street, alley or public place, any property of the grantee when required by the city engineer by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines and tracks or the installation or repair of any other type of structures or improvements by governmental agencies, when action in a governmental or proprietary capacity.

     Section 9. The permittee shall further observe the following conditions;

     (a)  That all city building codes will be observed in the construction of structures and parking areas;

     (b)  The type and location of the improvements shall be limited to and maintained in accordance with the site plan entitled “LAKEWALK II, DULUTH, MN, dated September 27, 2006, and on record as Public Document No. _______________;

     (c)  The permittee shall maintain all structures and parking areas (surfacing, sealing, striping, plowing, etc.) being created and permitted by this ordinance;

     (d)  The permittee shall not prohibit public use of the several spaces being created within the rights-of-way.

     Section 10.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 creation of 33 parking spaces in portions of 15th Avenue East and South Street rights-of-way and a dumpster facility in the South Street right-of-way.


This ordinance is based on similar ordinances granted to Park Inn International, for a portion of South First Avenue East, and a previous ordinance granted to Lakewalk Center for a portion of the 14th Avenue East right-of-way lying south of London Road.


The proposal calls for the creation of 21 parking spaces, within the 15th Avenue East right-of-way lying south of London Road and 12 spaces in the South Street right-of-way extending. All spaces are perpendicular to the street. These parking areas would directly benefit the Lakewalk Surgery facilities but would be available to the general public at all times. This also provides a dumpster location in the South Street right-of-way just west of the garage entrance to the new Lakewalk II building.


The planning commission unanimously recommended approval of this ordinance at their regular meeting of September 27, 2006.