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249877 ' o.issl.i to Cxtr C1erk - . -. � _ . " � � � � ORDINANCE 2�9��77 . COUNCIL FILE NO PRESENTED BY �� _ ORDINANCE NO. � � .. AN ORDINANCB GRANTING PBRMISSION TO THE RBLLOGG SQUARS COMPANY TO COATSTRUCT, OPERATE, MAII�TAI1� AND RBPAIR A 12 FOOT DIAMSTER 46 FOOT LONG UNDER- GROUI�ID FUEL STORAGE TAP�R AT A DBPTH OF 3 FBET BELaW SIDEWAI.K GRADB, SAID TANR TO BB INSTALLBD ON A 15 FOOT WIDE, 48 FOOT IANG RBINFOBCED CON- CRBTS BASE, CENTLRBD ON THE WBST PROPERTY LINE OF BOBERT STREET, 33 FBET WEST$RLY FROM TIiE BAST L�I$ OF BLOCK 25, COI�NCING 1 FOOT NORTH OF THE PROPOSSD NORTH BUILDING LINB OF THB PROPOSED APARTMENT TO�TER, THENCS SOUTHERLY 48 FBET. THE COtJNCIL OF THE CITY OF SAINT PAUL DOBS ORDAIN: Section 1. That permission and authority are here�y granted to the Kellogg Square Companq of Saint Paul, Minnesota, to construct, operate, maintain and repair an underground fuel storage tank at a depth of 3 feet below sideWalk grade, said tank to be installed on a 15 foot wide, 48 foot long reinforced concrete base centered on the weat property line of Robert Street, 33 feet westerly from the east line of block 25, co�nencing 1 foot north of the north building line of the proposed apartment tower, thence southerly 48 feet. Section 2. 1'hat the Ca�issioner of Public. Works is hereby autharized to issue a permit to Kellogg Square Company for the construction, operation, maintenance and repair of said underground fuel storage tank and base, upo�. .and snbject to the � following terme and conditioas: �� a. That said permittee shall construct said fuel storage tank and base entirely at its own expenee, under the supervision and to the satisfaction of the Co�issioner of Public Works and ia accordance with the approved plans and specifications marked sheets SAI and MT33 of the Rellogg Square Com�any pleas on file in the Department of Public Works. b. That said permittee shall pay the cost of administration, engineering and inspection of said work, and for the publication of this ordinance, said costs to be accounted for under Department of Public Works pro�ect neimber 8-1053; c. That said permittee shall properly protect all excavations made in the streets, sidewalks and boulevards both day and night so as to avoid all damage or injurq to persons or property; shall properly fill and tamp said atreets, sidewa.lks, and boulevards to avoid settling and sball restore said streets, side�valk8, aad boulevarda to their original condition; Yeas Councilmen Nays Passed by the Counci� Butler � Carlson In Favor Levine Meredith A gainat Sprafka Tedesco Mr. President (McCarty) Approved: Attest: City Clerk Mayor �� Form approved Corpor�tion Counsel By � � O�s�sl�C#1 Clerk ' . ~ '�� ORDINANCE � � , �9� 7`7 � COUNCIL FILE NO � PRESENTED BY � 1 "'-\ ORDINANCE NO �� age 2. d. Z'hat said permittee shall not proceed with construction unless and until said permittee shall have fully complied with all provisions contained in the City of St. Paul Legislative Code which are applicable to such construction and shall include but not be limited to, permission from the City of Saint Paul Fire Marshall and a permit issued bq the Department of Parks, Recreation and Public Buildings�for such construction. e. That said permittee expressly agrees and undertakes to fullq indemnify, hold harmless, and defend the City of Saint Paul and the Aousing and Redevelopment Authority of the City of Saint Paul: its agents, officers and employees from any and all dau�ages, claims, losses, judgments, suits or expenses arising out of or occasioned by the construction, operation, maintenance and repair of said tank and by the permission and suthority granted herein; f. That said permittee shall furnish a bond to the Ci�ty of Saint Paul in the ssm of one thousand dollars ($1,000.00) conditioned to comply with all the terms of this ordinance and to indemnify and save harmless said City from all liabiltty, loss, judgments, suits, costs, charges and expense that may accrue to persons or property occasioned by the �aking; of the improvement or arising out of the same; g. That said permittee shall furnish the Department of Public Works all documents of record that are a part of the Contract or incidental to its execution including but not limited to addendums, aWard of contract, sum of contract, "as built" plans . and tracings; h. That said permittee shall not proceed with construction unless and until said permittee shall have fully complied with the provisions regarding insurance and indemnification contained in the City of Saint Paul, Department of Public Works Specifications for 3treet and Sewer Construction, dated April 1, 1959, Section numbered 1.44 of said specifications, as amended, applicable to contractors. For the purpose of this ordinance, the aforesaid section of said specifications, nvmbered 1.44, as amended, shall be read as though the word "per�ittee" was sub- stituted for the word �'contractor", whereever the same appears in the aforesaid Section 1.44, as amended. Said Section 1.44, as amended, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compliance with pruvisions of the aforesaid section shall be in such form as the Corporation Counsel of the 'City of Saint Paul maq direct and the documents required by the aforesaid Section 1.44 shall, after aubmission to the Corporation Counsel, b� filed ia the office of the Comptroller of the Citq of Saint Paul. i. That said permittee shall submit bond and insurance documents to the Office Engineer of the Department of Public Works. j. That the said permittee shall, within thirty (30) days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. Section 3. This ordinance �hall take effect and be in force thirty (30) days from and after its passage, approval and publication. AUG 1 2 1970 Yeas Councilmen Nays Paased by the councit Car�� Levine Tn Favor Meredith � Sprafka � Againat Tea�� ,U� 1 � I9��1 r. President (Mc arty) Appro . test• ity Clerk � ay r �� Form approved Corpor��ion Counsel By PUBLISHED AU G 151 O � ' . • , . V J CITY RECONSTRUCTION CORPORATION Saint Paul, Minnesota August 18, 1970 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 249877, being Ordinance No. 14559, adopted by the Council on August 12, 1970. THE��LOGG .�S4U RE�'CO�PANY BY z CCt<..t�� -- 800 WEST/?'STREET, SU/TE 200,LOS ANGELES, CAL/FORN/A 900/2/PHONE (2/3f 624-955/ . , • � � , , CITY RECONSTRUCTION CORPORATION August 27, 1970 Nir. Harry S . Marshall, City Clerk, City of St. Paul, S t. Paul, P�iinnesota Re: Qrdinance No . 1�+�59 Ke11o`rg Squa�^e Dear l�:r . P��arshal l: Attach herewith acceptance of Council File No . 2�+9877, ordinance No . 1�+5�9, signed by I�1r . Paul dV. LaDue on behalf of the Kellogg Square Company. Sincerely, -j� GU ��- ��/� 800 WEST/?'STREET, SU/TE 200,LOS A/VGELES, CAL/FORN/A 900/2/PHONE (2/3J 624-955/ � � � �� Aug, 18,1974 .f \ �:;el.l.�� Square Co. , � �.� c J o T�r. ?hz ke ?��1 s h ��--_�_,,�� '� 1Cl Hamrt B1d�;. � �' , S-t. Pau1., Minn. / � �� r�:�ti��n: �\ .% � , ?�?e enclose a copy of Orcl" ` '�, N+��.��°, �rantin� perm3ssian to the Kello��; S�uare Co�/ 'ca�•�z�azct, ' �rate, mainta.in and r.�pai.r � 1?_-ft. d:iameter �aE� f . long ��rgr�� fuel stor.a�e tanll. �t a de��h of 3 ft. belov idewalk gr d , as more �.i.l]_y describec; in the ordinance; also 'll in the s of t,33•3� �%� ��v�r the cost �� publication �f th' 0�'�inanc� /; Tde call y�' � al � '��'��n Pax�raphs f a.nd � which require the fili oP a bond in �� amount epeci��@� and the f3.ling of an _-`� a.cce�ta �f the te of this ordinanc�� The acceptance must be T filed i this �fPicQ oom 3��s City Ha�� within 30 da,ys. If not so file the ordina e becomes void. Very truly yaurs, Cit,y Clerk ng I st 7 � ` . - _ ' 2nd � Laid over to � 3rd and app �—Adopted ��-� Yeas Nays Yeas Nays Butler �.B�#ler---- Carlson �Carlson Levine �t,evine Meredith �)�,�� eredith f•+ Sprafka `Sprafka Tedesco �'+Tedesco `/� � Mr. President McCarty FWIr. President McCarty O