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249941 o�a�cit,c�� . -� j � � ORDINANCE �� 1 �Y COUNCIL FILE NO PRESENTED BY Robert F. Sprafka ��. � (�`� ORDINANCE NO � '�h � AN ORDINANCE GRANTING PERMISSION TO SKYLINE TOWERS COMPANY, ASSIGNE�S OF CORNING-DONOHUE INC. TO GRADE, PAVE AND CONSTRUCT INCIDENTAL ITEMS THERETO OF A CUL-DE-SAC ON DONQHUE STREET BETWEEN SYNDICATE AND GRIGGS STREETS TO SATISFY IN PART CONDITIONS OF THE CITY OF ST. PAUL, COINlCIL RESOLUTION, COUNCIL FILE N0. 247444, APPROVED FEBRUARY 13, 197�. THE COl�1CIL OF THE CITY OF SAINT PAUL DOES ORDAIN; ' SECTION 1 � � That permission and authority are hereby granted to the 5kyline Towers Company, assignees of Corning-Donohue Inc. to grade, pave and construct incidental items thereto of a cul-de-sac on Dorlohue Street between Syndicate and Griggs �treets to satisfy in part conditions of the City of Saint Paul Council Resolutions, Council File No. 247444, approved February 13, 1970. SECTION 2 That the Commissioner of Public Works is hereby authorized to issue a permit to Skyline Towers Company, assignees of Corning-Donohue Inc. for the construction of a cul-de-sac on Donohue Street between Syndicate and Griggs Streets, subject to campliance of the following conditions: a. That said permittee shatl construct said cul-de-sac entirely at its � own expense, under the supervision and to the satisfaction of the Commissioner � ` � of Public Works and in accordance with the plans and specifications prepared �;�� by and on file in the Department of Public Works. Construction must be performed by a Contractor approved by the Department of Pubtic Works. b. That said permittee shall pay for the publication of this ordinance and publication of all resolutions related fihereto. c. That said permittee shall pay the cost of administration, engineering, and inspection of said work, and said costs to be accounted for under Department of Public Works Project Number G-1956 . d. That said permittee shall property protect all excavations made in the streets, sidewalks and boulevards both day and night so as to avoid all damage or injury to persons or property. e. Said permittee, after the inception of said work, shall prosecute said work continuously, with diligence and fully complete said work to the satisfaction and approval of the Commissioner of Public Works as directed in tfie special provisions of the prepared pians. f. That said permittee shail notify the Traffic Bureau of the Public Works Department when the existing vacated Donohue Street is to be closed and shali provide and pay for all necessary temporary construction and incidentals thereto fio tha satisfaction of the Department of Public Works to allow for a t�nporary , bypass of vacated Donohue Street on the new dedicated alignment for pedestrian and vehicular traffic, if so direct�d by the Department of Public Works. Yeas Councilmen Nays Passed by the Council Butler Caxlson Levine In Favor Meredith Sprafka A gainat Tedesco Mr. Preaident (McCarty) Appro Atteat: City Clerk ayor �� Form approved Corpor��ion Counael By Orlsinsl to City Clerk . ; �� ' � � ORDINANCE ��c�� , COUNCIL FILE NO. PRESENTED BY ORDINANCE NO- �� PAGE 2 g. That said permittee shall give advance notification to the Construction Engineer of the Department of Public Works as to the proposed start of construction and proper schedule of operations and shall also notify said Construction Engtneer when project has been completed to allow for a final inspection. h. That said permittee shall furnish a bond to the City of Saint Paul in the sum of Ten Thousand Dollars ($10,000.00) conditioned to comply with all terms of this ordinance and to indemnify and save harmless said City from all liabitity, loss, judgments, suits, costs, charges and expenses that may accrue to persons or property occasioned by the making of the improve�nent or arising out of the same. i. That said permittee shail , during the term of this permit, restore and repair all property, whether public or private, damaged or which may be damaged due to the construction. j. That said permittee expressly agrees and undertakes to fully indemnify, hold harmless and defend the City of Saint Paul , its agents, officers and employees from any and all damages, claims, losses, judgments, suits or expenses arising out of or occasioned by the performance of the work contemplated by this permission and �ufihority. { � k. 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 Street 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, number 1 .44, as amended, shall be read as though the word "permittee" was substituted for the word "contractor", wherever 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. Rroof of compliance with provisions of the aforesaid section shall be in such form as the Corporation Counsel of the City of Saint Paul may direct and the documents required by the aforesaid Section 1 .44 shail , after submission to the Corporation Counsel , be filed in the office of the Comptroller of the City of Saint Paul. l . That said permittee shail submit bond and insurance documents to the Office Engineer of the Department of Public Works. m. That said permittee shall within thirty (30) days after the passage of this ordinance, file a written acceptance thereof with the City Clerk. S ECT(ENI This ordinance shall take effect and be in force thirty (30) days from and after its passage, approval and publication. AUG � 9 1910 Yeas Councilmen Nays Passed by the Counci� Bu#,�er- � Caxlson Tn Favor Levine Meredith � A gainst Sprafka Tedesco Mr. President (McCarty) Approve . �� 1 9 1970 At t: C' y Clerk - ay �� Form a�proved Corpora,tion Counsel By PdB�is�€o U G 2 21970 r 1 $Alrit �$LLt� �.riri@SOtB� August 24, 1970 To the Honorable, the City Council, Saint Paul, M3rnn. Gentlemen: We, the undersigned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 249941, bein� Ordinance No. 14563, adopted by the Council on August 19, 1970, i i SKYLINE TOWERS COMPANY� a Minnesota Limit�d Partnership ASSIGNEES OF C IQING-DONOHUE, I1Vli. By Bor--Son 8ui1 ' g Corporation, General Partner B,, �`� �'�-�..�.� J, �: Boran Presi ent . � � � ❑ BOR-SON CONSTRUCTION, INC. GENERAL CONTRACTORS ___ ❑ BOR-SO�V BUILDING CORPORATION GENERAL CONTRACTORS ❑ B O R-N E L PROPERTI ES 1550 EAST 78th STREET • 866-8436 • RICHFIELD, MINNESOTA 55423 RENTAL PROPERTIES MAILING ADDRESS: P.O. BOX 1611 • MINNEAPOLIS, MINNESOTA 55440 C E R T I F I E D M A I L September 1, 1970 Mr. Harry E. Marshall City Clerk City of St. Paul 386 City Hall St. Paul, Minnesota 55102 Dear Sir: Thank you for your letter of August 24, 1970 enclosing a copy of Ordinance ��14563 (Council File 4�249941) . Enclosed for your filing is an acceptance of said ordinance executed by Bor-Son Building Corporation as General Partner of Skyline Towers Company, a Minnesota limited partnership, assignee of Corning-Donohue, Inc. This is in accordance with Paragraph "m" of Section 2 of said ordinance. The bond provided for in Paragraph "h'° of Section 2 and the insurance required under Paragraph "k" of Section 2 were filed with the Office Engineer of the Department of Public Works on August 11, 1970 in accordance with Paragraph 1°1" of said Section 2. I am transmitting to the Commissioner of Finance a copy of this letter and Skyline Towers Company check �6117 in the amount of $33.30 covering the publication fee of said ordinance as indicated in the Controller's registered bill 9-460. Thank you for your excellent cooperation in this matter. Sincerely, BOR-SON BUILDING CORPORA ION �� /�` - Glenn M. Shaw GMS:tr Enclosure cc: Commissioner of Finance Mr. Richard Hawkins - Office Engineer z � � l �. � f- Aug. 2�+, 1970 �or-Son Com anie� � P � _ � �55o E. 78tt�. st. , -�-.�....._. I•Qinneapolis, Minn. 55��3. �� Attn: Nbr. Glenn M. Shaw Dear Sir: /''—� `,�> /`�"�/~ `\ '\ i�Je enclose a copy of �c�nanee N . 14563, granting Sl�,}rline Tc�wers �ompany, Assi�ne� of Cor -Donohue, Ine. , permission to �;�`ade, pave and c� ruc cidental it�ms thereto of a cul-de-sac on Donohue� �t bet�reen Syndicate and Griggs Streets to s� ��-�2,� par'�., �onclitions �:�' the City of St. F'�.ul, Council £� uti�n�C."� F. ��o�, 2�+7��4��, approved i�ebruar.f lj, 1g7Q, al�� 1�i.11 in � sum �'f' ��33.3t� to cover �;he cost ��' publicat n �f this � c�ina.nce. We call yau special a �ntion to Pa.ragraphs h, k and m �f �c-t�:a� 2 whi�re sre the fili.n� �f � bond, insurance�he filin��'�aeceptance of the terms of this ord' nc�. The acceptance must be filed. in thzs office, Room 386, �City Ha11, thin 30 days. I� not so filed, the ordinanc� becomes voi' � Very truly Srours, Cit,y Clerk hp I st � � � 2nd� i , Laid over to � � 3rd and app _�4dopted • Yeas Nays Yeas Nays Butler sB'otF�rr Carlson \Carison Levine �.) `Levine �GL� �; ' Meredith �G �`-' �� eredith Spr�fka �J �prafka � Tedesco �� Tedesco ( l v Mr. President McCarty �Mr. President McCarty O