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277089 i WHITE - CITY CLERK Fi`' � PINK - FINANCE COUi1C1I � ��t I CANARY - DEPARTMENT G I T Y O F SA I N T PA LT L � BLUE - IIIAYOR File � N O. Cit�z Attny/PBB � Counci tio � Presented By Referred To Committe . Date ; Out of Committee By Date WHEREAS, the Minnesota Mutual Life Insurance Com an has P Y requested permission to construct the sidewalk surrounding its new building on that block bounded by Sixth, Robert and Jackson Streets and East Seventh Place, Lots 1 through 6, Auditor' s Subdivision No. 56, City of Saint Paul, in a manner in conflict , with the City of Saint Pau1, Minnesota, Department of Public Works Standard Detail Plates, specifically having exposed aggregate surfacing, and permission to plant and maintain trees in the sidewalk right-of-way 'with grates covering the sidewalk openings; now, therefore, be 'it RESOLVED, that pursuant to the provisions of Chapter 121 and 123 of the Saint Paul Leqislative Code, the Director of Public Works is hereby authorized to issue to said Minnesota Mutual Life Insurance Company (hereafter, MML) a permit to ' construct the sidewalk and d�iveways, and to plant trees therein, including installation of appropriate tree grates, abutting MML property; and be it FURTHER RESOLVED, that t�e above permission is granted and made expressly subject to the following terms, provisions and conditions; 1 . That said permittee shall, at its own cost and expense, and in aceordance with all applicable ordinances of the City of Saint Paul, regulations or codes of the Metropolitan Government and/or statutes of the State of Minnesota, construct, operate and maintain said si.dewalks and driveways, including replacement or reconstruction where necessary to protect' the public safety, and plant, install and maintain said trees and grates; COUNCILMEN Requestgd by Department of: Yeas Nays , Hunt P E D Levine In Favor Maddox � McMahon B Showalter __ AgaiRSt Y T��o Di ec r w�i�� Form Appr ed by Ci Attorney Adopted by Council: Date — Certified Yassed by Council Secretary � BY ' � �f`�a� B � r App v by :Vlayor: a _ A by Mayor for u Council gy By � I � � . . . 2`��8� � -2- 2 . That operation and maintenance of the sidewalk shall include repair, replacement or maintenance of the exposed aggregate surfacing, and that maintenance of the trees and grates sha11 in- clude watering, pruning, use of insecticides, replacement of dead trees, and the removal of trash and weeds from in and about the trees; 3. That said sidewalk construction and installation shall be made to the satisfaction of the Depart- ment of Public Works, in accordance with the plans and specifications approved by and on file in the Department of Public Works; 4 . That said permittee sha11 pay the Department of Public Works ' costs of inspection of said work; 5. That said permittee expressly agrees and under- takes to fully indemnify, hold harmless and defend the City of Saint Paul, its agents, officers and employees from any and a11 damages, claims, losses, ju�gments, suits or expenses arising out of or connected with the eonstruction, repair, reconstruction, maintenance or operation of said improvements; or arising out of or connec- ted with the planting, installation, maintenance or replacement of the trees, grates, or planters placed on or within the public right-of-way; 6 . That said permittee shall, within a period of 15 days after the effective date of this resolution, file with the City Clerk its written acceptance of the terms, provisions and conditions of this WMITE - CITY CLERK [� ww PINK - FINANCE ��Q� I CANARY - DEPARTMENT G I T Y O F S A I N T ��u L COUIICII V BLUE - 1MAYOR File N O. � Council Reso�ution Presented By Referred To Committee: Date Out of Committee By Date -3- resolution and its agreement to be bound by said terms, provisions and conditions thereof, without limitation, which written instrument of acceptance and agreement shall be in form approved by the City Attorney. ' COUNCILMEN � Yeas Nays � Requestgd by Department of: Hunt �evine [n Favor �dcl� � McMahon Showalter - __ A�Billst BY T�ae� Di ect r wnso� ,uL 2 1981 Form Appro d by City Attorney '' Adopted by Council: Date — CertifiE:d a s d by Co ncil cret BY i By .. Appro Ylavor. Dat 2 �� A e by Mayor for u 's to Council By BY BLISH�,O �� i . � �_� . � � �� 1'�0�9 � :�� .. � � �. ,�..;� , , . � THE MINNESOTA MUTUAL LIFE INSURANCE COMPANY � t. . , ,`; , . . , , June 19, 1981 Mr. Robert Hall City of St. Paul ' Planning and Economic Develdpment 1330 City Hall Annex St. Paul, MN 55102 RE: Public Sidewalks MML Center Dear �3ob, Reference is made to our previous discussions with yourself arid vari��us staff inembers regarding maintenance of the exposed aggregate sidewalk, landscaping and tree grates to be installed by MML on City property. This letter is confirmation of this position. I have reviewed the docwne�tation procedure reauired for MML's asswnption of the maintenance and the resultant liability responsibility with Phil Byrne (City Attorney's Office) . Phil explained that the normal procedure is to handle this type of issue by the passage of a City Council resolution. This procedure should work fine, altliough i would like to rec�uest a copy of the proposed resolution for review , by our legal staff. ' Shannon Kelley had a coordination meeting with Verr� Jellwn (Project Superintendant) , vld various City rci�rescntativcs rr��rciing sitcwork coordination. In her subsec�uent Il ttCT' ti}1C notecl tl�at the al�uve matteY• must be C.inalized prior to issucuice of �i sicle��•alk perntit. This letter should provide the necessary doci.unentation, with the City Cotulcil action being only a formality. � I � � � , ^ ` �r�V�� Mr. Robert Hall June 19, 1981 Page 'Ilao It is imperative that both MML construction and the related City constructian (street lights 6t1Y �, Robert, fire hydrants, etc.) commence immediately. In order to help expedite this issue, I am sending carbon copies of this letter to all involved parties. ' Thank you. Yours truly, Steven P. Nystedt Manager, Facilities cc: Shannon Kelley - City Tom Kuhfeld - City Vern Peterson - City A1 Coulter - Ci�y Jack Davis - City Phil Byrne - City Mike Knutson - City John Olinger - City Dave Oakes - City Don Lewis - McGough Construction Larry Brodle - BWBR , i ' �! O 1: i��:�17 , , � T I Rev.: 9/8/76 ; . , .. , � , - EXPLANATION ADMINISTRATIVE ORD RS ��.�.y RESOLU� ONS AND O,RDINANCES �� Date: June 25, 1981 .� . f TO: MAYOR GEOR6E LATIMER . I FR: Shannan Ke'�1eY; PEt}�. : : . i : � g�; Minnesota Mutual Life - Str tscape . .1 Block C Public Improvements �E�EI�� ' JUN 2 61981 , : . MAYORS OFFICE ACTION REQUESTED: . Approval for submission to Council f the attached Resolution; which allows Public Works to issue a permlt to M Gouqh Construction Co. for constr�ction of streetsc�pe improyements in the ublic right-of-way around Minn�sota Mutual Life i Insurance Co. 's new building on 810 k C. , PURPOS� ANO RATIONALE FOR THI ACTION: � � Passaqe of this resolution, followe by written acceptance of the tenms and � conditions by Minnesota lMutual Life Insurance Co. , will transfer Tiability and maintenance responsibility in t e Public Right-of-way to Minnesata Mutual Life. MML �ss:in agreement with thi concept and is currently r�vie�+ring th� terms and conditions for acceptance . FINANCIAL IMPACT: ' � N ��L , �;TTACHMENTS: 1. Council Resolu�ion; 2, MML's letter�o tentative agree en.t.. _. :