263885 WH11'E - CITV CLERK COUI1C11 263885
PINK - FINANCE TT
CANARY T- DEPARTMENT C I TY OF SA I NT PA l.1 L
Bl-UE -MAVOR File NO.
, Council Resolution
.
Presented By
Referred To Committee: Date
Out of Committee By Date
w
RESOLVED, Tha.t the Council of the City of Saint Paul does
hereby authorize the execution of Agreement between the City and
the Theodore Ha.mm Company, said Agreement granting permission to
the City to use the Compa.ny' s property for the purpose of operating
trucks to ha.ul ma.terials into and out of the Swede Hollow develop-
ment, and, further agreeing to protect and indemnify the Theodore
Hamcn Company for any injuries or damages that ma.y arise out of
the negligent operation of such vehicles by the City.
COUNCILMEN Requested by Departa+ent of:
Yeas �hristensen Nays Communi ty Servi ces
Houa �_
Levine In Favor
Roedler 0 Against BY
Sylvester
Tedesco
President Hunt JUL 1 8 1974 Form Approved y CI Atto y
Adopted by Council: Date r
Certifie se by Council Secretary _ BY
B " � _
Appr by Mayor: at ��� 8 1974 App by May 'ssion to Coun ' 1 �����
/
By Q
PI�BLISlIED JUL 2 01974 .
...--^�'�"
� A,. �. R E E T�I E N T .
. � 2638�35
' THIS AGREEN�NT, r�ade and entered into on this
day of , 1974, b� and �etween tfie
' TH.�011ORE HAi�u�z COt�iPA�.vY, hereinafter referred to as "Company" ,
° and the CITY OF SAINT PAUL, hereinafter referred to as
r�C7..'tIT n y •
WITiVESSETH:
� tiVHEREAS, The Company is the owner of land located
and adjacent to a portion of property which is to be
developed by City and which property is identified as
Swade Hollow; and
�1�iEl�AS, The City has requested permission to operate
trucks over a roadway located on the Company' s property for
th�: �xpress purpose of hauling materials into and out of
tne proposed development of Swede Hollow; and
6�HEItEAS, The Company has agreed to allow the City
the use �f such roadway subject to the conditions set
forth below;
NOW, THEREFORE, COP�PAi�TY A1VD CITY DO HEREBY MUTUAI,LY
AGREE AS FOLLaWS: -
', 1. City shall be permitted to use the roadway
located on Company' s property so as to operate trucks from
i�Linnehana Avenue to the proposed City development entitled
"Swede Hollow" for a period commencing from the date of
this Agreement and terminating no later tnan November l,
1974.
2. The City shall be permitted to use the said road
only for the purpose of hauling material.s into and out of the
Swede Hollow area, and the City shall not permit the parking
. , - ,
_ � 2G3gg�
ot automobiles or privately-owned vehicles within the Compan�'s
} �
ar�a without express authorization therefor.
, 3. In considera�ion of the permission granted h2re.in,_
ti�e City agrees to defend, indemnify and save harmless the
� .
Company from and against any and all loss to property, both
reai and personal (including property of the Company) arising
or growing out of or in connection with �he passage aver
pro�erty of the Company of vehicles belonging to or operated
by the City, its employees, agents or representatives and
from and against any and all damage, claims, demands ar suits
of wnatever nature, and any expense incidental thereto whieh
may be made, claimed or brought by the City, its employees,
agents or representatives (including claims by the employees,
agents or representatives of the City for Workmen' s Compen-
sation) on account of property damage or personal injury
sustained or suffered by, or the death of any person or
persons arising or growing out of, or in connection with
passage over any property belonging to the Company by
vehicles belonging to or operated by the City, its employess,
agents or representatives.
IN WITNESS WHEREOF, Company and City have caused this
Agreement to be executed on their behalf the day and ye�r
first above written.
THLODORE A.. � COPJiPAN ~
� �
By � f� ':t ` '� '` � ` ,��-
� �,, '� "
Tts �'� P sident
, ,
�
Its S etary
. -2-
` , Z63�8�
• �1A`.�.�..' OF 1hINNESOTA)
� ss: St. Paul
CC3Ui�1`PY OF RA��LSEY )
.
The foregoing instrument was ackno��ledgea before ine
� ; �, :�
this � . - day of ���flL� , 1974, by Lyle P. Phillips,
� . ; �
President, and Douglas R. Zi1z, Secretary, of the Theo,�.ore
�`Pitle) (Title) �'''�, � J
Hamm Company, on behalf of said company. �';'t,�'��� �� , � ��� ,:'
� �� ,,
� _ n � �,�• ,' ��� ',� ?
.[.L.,GCsC.C�[/ 1 �,��`%�-yr,/
F i - � �
',y'�Totary Pi.wlic, RamSey�'':�qur�ty-;
riinnesota '��,;; `� � ,�
My Commission Expires 10-I3-76
JUDI i H E. P;�RENT, St. Pa�l, �J;inn.
Notary Public, Ramsey County, Minn.
My Commissicn Expires Oct. 13, 1476_
Approved as to Form: CITY OF SAINT PAUL
By
Assistant City Attorney PZayor
Director, Department of Finance
and Management Services
S^tATE OF MINrIESOTA)
) ss:
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1974, by Lawrence D. Cohen, NIayor,
and Robert V�T. Trudeau, Director, Department of Finance and NIanage-
ment Services, of the City of Saint �aul, a munieipal corporation,
on behalf of said City.
Notary Public, �amsey County,
��tinnesota
Priy Commission Expires
-3-
�
� ` 2s�8��
CITY OF SAINT PAUL
� OFFICE OF THE CITY ADMINISTRATOR
FRANK D. MA.RZITELLI
July 16, 1974
' TO: Mayor Lawrence D. Cohen
� FIt: Frank D. Marzitelli
RE: Agreement with Theodore H Company gxant%ng
permission to use land for operation of truck hauling
I have reviewed the above referenced resolution and am
in agreement with same. Your approval and submission to
the City Council for action is recommended.
FDM/ca
Attach.
I
City Hall, Saint Paul, Minnesota 55�02