File #: 21-015-O    Name:
Type: Ordinance Status: Passed
File created: 4/26/2021 In control: Planning and Economic Development
On agenda: 5/10/2021 Final action: 5/24/2021
Title: AN ORDINANCE GRANTING NEWCASTLE 8 LLC AT 7 NORTH 19TH AVENUE WEST A CONCURRENT USE PERMIT FOR AN EXISTING BUILDING WALL WITHIN THE PLATTED RIGHT OF WAY FOR WEST 1ST STREET ALLEY.
Attachments: 1. Attachment 1, 2. Attachment 2
Title
AN ORDINANCE GRANTING NEWCASTLE 8 LLC AT 7 NORTH 19TH AVENUE WEST A CONCURRENT USE PERMIT FOR AN EXISTING BUILDING WALL WITHIN THE PLATTED RIGHT OF WAY FOR WEST 1ST STREET ALLEY.

Body
CITY PROPOSAL:

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 granted to Newcastle 8 LLC and their successor(s) in interests, referred to herein as the permittee, to construct and maintain the following on that property legally described below:
(a) The concurrent use area consists of 1 foot encroachment of the rear wall on the northwest side of an existing building within the platted right of way for the West 1st Street Alley, adjacent to NLY 62 FT OF LOT 305 AND ELY 1 FT OF NLY 62 FT OF LOT 307, Block 054, Duluth Proper Second Division as shown in the Exhibit A.
Section 2. Before this ordinance shall be effective for any purpose whatsoever, the permittee shall file with the planning division a certification of insurance approved as to form by the city attorney evidencing that the permittee has in force a policy of insurance meeting the following requirements:
(a) Comprehensive general liability insurance 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; and

(b) Insurance coverage shall include all permittee's activities occurring upon or within public right of way or easement occupied pursuant to this ordinance whether said activities are performed by the permittee or its agents or representatives; and
(c) The insurance policy shall be approved by the city attorney; and
(d) The policy shall contain a condition that it may not be canceled without 30 days written notice to the city of Duluth and directed to the attention of the city attorney; and
(e) The city of D...

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