Title
Approving the petition of Catholic Charities of the Archdiocese of Saint Paul and Minneapolis and Dorothy Day Shelter, LLC to vacate air rights over Dorothy Day Place for a private skyway bridge.
Body
BE IT RESOLVED, in accordance with Chapter 130 of the Saint Paul Legislative Code, that upon the petition of Catholic Charities of the Archdiocese of Saint Paul and Minneapolis and Dorothy Day Shelter, LLC ("Petitioner"), as documented in Office of Financial Services Vacation File Number 15-2017, the public property described in Exhibit A and depicted in Exhibit B attached hereto is hereby vacated and discontinued as public property and, subject to the following conditions, all utility easements within said public property are hereby released in accordance with Section 130.05(3):
1. In the event the skyway bridge is demolished and not reconstructed within one year following demolition, the vacation of air rights by this resolution shall be automatically rescinded.
2. Petitioner, its successors and assigns shall pay $1,200.00 to the City of Saint Paul as an administrative fee for this vacation which is due and payable within 60 days of the effective date of this resolution.
3. Petitioner, its successors and assigns shall, within 60 days of the effective date of this resolution, file with the Office of Financial Services/Real Estate Section, an acceptance in writing of the conditions of this resolution and shall, within the period specified in the terms and conditions of this resolution, comply in all respects with these terms and conditions.
4. Petitioner, its successors and assigns, agrees to indemnify, defend and save harmless the City of Saint Paul, its officers and employees from all suits, actions or claims of any character brought as a result of injuries or damages received or sustained by any person, persons or property on account of this vacation, or the Petitioner's use of this property, including but not limited to, a claim brought because of any act of omission, neglect, or misconduct of said Petitioner or because of any claims or liability arising from any violation of any law or regulation made in accordance with the law, whether by the Petitioner or any of its agents or employees.