248690 Orialnal to City Clerk '
i
" � ORDINANCE
_ 2486�0
� COUNCIL FILE NO
PRESENTED BY � �i�� ORDINANCE NO /� �
Ai�J ORDINANCE GRANTING PF..RMISSION TO THE ELJAY
pARTNERSHIP '�0 C(�AISTRUCT AND MAINTAIH A TUNNEL
UNDER CEDAR STREET BETWEEN FIFTH AND SIXTH STREETS.
THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN;
Section 1. That permission and autharity are hereby granted
to the Eljay Partnership to construct and maintain at their expense a
tunnel under Cedar Street between Fifth and Sixth Streets in the City of
Saint Paul, Minnesota, in the location set out and in strict accordance
with plans and specifications drawn and prepaxed by Grover Dimond Associates
Inc., rnarked nuntber5 6385A-2-R2, 6385A-3-R9 and 6385A-7-R9, dated June 27,
1968, on £ile in the.office of the Uepartmen� of Public t�orks.
Section 2. That tne Commissioner of Public Works is hereby
authorized to �ssue a permit to the Eljay Partnership for the construction
and maintenance of said tunnel upon and subject to the following provisions,
terms, and conditions:
a. Tha.t said permittee shall construct and maintain said
tunnel antirely at its own expense and to the satisfaction of the Commissioner
of Public Works and in strict accordance with the plans and specifications
on file in the Department of Peiblic �Norks;
� b. Tha.t said permittee shall pay tne cost of publicatior�
r ��!•' ' of this ordinance and all resolutions passed in relation to this ordinance;
����!°
�� c. That said permittee shall pay the costs of en�ineering,
administration, and inspection incurred by the Department of Public Works
because of this undertaking. Said costs to be accounted for under Department
of Public Works Project number P-053Q.
d. That said permittee sh�.11 properly protect all excavation
and work areas both day and night, so as to avoid all i.njury or damage to
persons or property;
e. That said permittee shall during the term of this permit,
properly backfill, restore and repair the sidewalks, curb and gutter, road-
beds, and landscape to the satisfaction of the Commissioner of Public Works;
a.nd shall restore and repair, to the satisfaction of the Commissioner of
Public Works, other property whether public or private that is damaged or
which may be damaged due to construction or maintenance of the tunnel pro-
vided for herein;
Yeas Councilmen Nays Passed by the Counci�
Carlson
Dalglish Tn Favor
Meredith
Peterson �
Sprafka Against
Tedesco
Mr. President (Byrne) Approved:
Attest:
City Clerk May
�O -
Form approved Corporation Counsel By - �
�
� � ��8��0
i�
Page 2. �
f. That said permittee exrressly a�rees and undertakes to
fully indemnify, hold harmless and defend the City of Saint Paul, its aa,ents,
officers and employees from any and all dama�es, claims, losses, judRments,
suits, expenses, actions or cause of action in whatsoever manner arising out
of or occasioned by the performance of the work contemplated by this permission
and authority, and further by the reason of the continued presence, maintenance,
or removal of said tunnel. Permittee shall furnish and deliver to the City
of Saint Paul a surety bond in the amount of Ten Thousand Dollars ($10,000.00)
conditioned upon the nermittee complying with all the terms and conditions of
this ordinance and to indemnify, defend and save harmless the City of Saint Paul
from a11 losses, liability, judqments, suits, costs, charQes, dama�es, or
expenses that may accrue to persons or pro�sertv or the Citv arisin� out of or
growinp out of the construction, presence, maintenance, repair and removal o£
the tunnel, which surety bond shall rer.tain in force and effect so lonp, as the
tunnel or any part thereof remains on that portion of Cedar Street between
Fifth and Sixth Streets �iescribed above;
�. That said permittee shall notify the Constructian Ennineer
of. the Department of Public tVorks when the construction starts and when the
project has been completed to allow £or a final inspectian;
h. That said permittee shall furnish the Department of Public
Works !'as built" �lans of installation upon completian of construction;
� i. That said permittee shall not �roceed with construction
unless and until said permittee shall have fully complied with the provisions
reqarding insurance and indemnification contained in the City of Saint Paul,
� Department of Public S4orks Specif.icatiens for Street and Sewer Construction,
\ dated April 1, 1959, Section numbered 1.44 of said snecifications as amended,
� applicable to contractors. For the purpose of tliis ordinance, the af.oresaid
� '� section of said specifications, numbered 1.44, as amended, shall be rsad as
' thou�h the word "permittee" was substituted for th� word "contractor", wherever
the same ap�ears in the aforesaid Section 1.44, as amended. Said Section 1.44,
as amended, of the Snecificatians £or Street and Sewer Construction in the
Citv of Saint Paul is hereby incorriorated herein by rsference as fully and as
com�letel,v as if set forth herein verbatim. Proof of comPliance with nrovisions
of the aforesaid section shall be in such form as the Corporation Counsel of
the City of Saint �'aul may direct and the documents required by the aforesaid
Sectian 1.44 shall, after submission to the Corporation Caunsel, be filed in
the office of the Comptroller af_ the Citv of Saint Paul;
j . That durin� the term o£ this permit, the said permittee
shall provide �ublic liability insurance which shall protect the nermittee
and the City of Saint Paul from all claims or damages for nersonal injury,
includinr accidental death, which may arise from the oneration, maintenance,
continued presence and existence or removal of the tunnel, which nublic liability
insurance shall be in an ar.►ount not less than One Hundred Thousand Dallars
($100,000) per nerson for injuries, includin� accidental death, and subiect
to the same limitatiQns for each person in an amount not less than Three E3undred
Thousand Dollars ($300,000) on account of an�� sin�le accident or incident and
further include coverage for property dama.�;e in an amount not less than Three
Hundred Thousand Dollars ($300,000) arisina out o£ a sinvle occurrence, which
policies of insurance or certificates shall stat? that thirty (30) days' written
notice shall be ,v.,iven to the City before said insurance is chanQed or cancelled.
Capies of. said insurance nalicies or certificates shall be filed with the
Comptroller of the City of Saint Paul;
OrI`inal to Cit�Clerk ` , " ������
C � ORDINANCE
� COUNCIL FILE NO-
PRESENTED BY ORDINANCE NO
.,s-'��
Pa�e 3.
k. That whenever the Council of the City of Saint Paul,
by its resolution, shall determine the discontinuance and removal of the
tunnel necessary in the public interest and accordingly order the dis-
conti.nua.nce and removal of the same from said location, the said tunnel
shall be discon�inued and removed and Cedar Street between Fifth and
Sixth Streets restored to its origi.nal condition, all at the permittee's
sole cost and expense;
Section 3. T'hat said perrnittee shall, within ten days after the
passage of this ordinance, file a written acceptance thereof with the City
Clerk.
Section 4. 1'his ordinance shall take effect and be in force thirty
(30) days fram and after its passa�e, approval and publication.
�
l ,C,
J-
��
Yeas Councilmen Nays Passed by the Council
Mp,Y 2 p 1�10
Carlson �
Dalgliah In Favor
Meredith � �
Peterson Againat
Sprafka
Tedesco MAY 2 0 1���'
Mr. President (Byxne) Approv :
A est: �
ty Clerk Ma
�O
�orm approved Corporation Counsel By
PUBLISHED MAY.2 3 � 70 •
n
d-' ,
.. , . .
Saint Paul, Minnesota
May 25, 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. 24869�� being
Ordinance No. 14493, adopted by the Council on May 20, 1970.
NORTHERLY CENTRE CORPORA.TION
AND
ELJAY PARTNERSHIP
BY: L. J. Sheridan & Co. , Inc.
General Partner
� � �
BY:
, ;� John Merrin, Vice President
v
�� � (�,�� �C .
I�°� 2�� �. I�
El�ay Partnership
c�o John Merrin
55 E. Fiftli St.
St. Paul, Mi�inesota
Gentlemen:
We enclose a copy oP dinance No. �+�+c�3� granting you permission
to construct and mafn in a tunnel. nde� Cedar St. between FiPth
anc3 �ixth Sts. ; a.lso 1 ia� the u : of $3�'.70 to cov�r the cost
of publicatian a�' �his din�ne
�<e call yo specia]. attention tn Para�raph f of Section 2 an�
to Sectio � which re ire the f3.Iing of a bond in the amount
specified nd the t'ili of an acceptance of the terms of �his
ordinance The acce�p ce must be file8 in this office, Room
386, City 1 withi en days after the passa.ge oP this ordi-
nance. If d� the ordinanc� becomes void.
Very truly yours,
City Clerk
ng
I st �� � � '� 2nd �� ��
Laid over to
3rd and app �� ___Adopted `��G
Yeas Nays Yeas Nays
Carison �`�,. Carlson
Dalglish �` Dalglish
Meredith `° Meredith
Peterson �`f86 �eterson
��
S rafka �S rafka
p /� P
Tedesco `�'' \Tedesco }
�.1
Mr. Presidenf Byrne � Mr. Presiden� Byrne
O