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257047 . 25�04� ORIGINAL TO CITY CL6RK , CITY OF ST. PAUL COUNCIL " . OFFICE OF THE CITY CLERK F��E NO � •` NCII� RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE ATF RE50LVED, that proper City officials are hereby authorized to execute an agreement with William Flaherty for the use of the waTk-.in coolers and concession office at Midway � Sta.dium, the terms of the agreement are set forth and a copy of the contract is hereby attached. JAN 14 19�2 COUNCILMEN Adopted by the Council 19— Yeas Nays ���2 Butler ��A�. �;� �. �. -�r��t'll� ' C� a �s� Levine __�� n Favor Meredith �;-'� Sprafka gainst ,,__-� Mr. Preaident, McCarty PUBLISNED JAN 2 19�? �� , w �.- ., • 4 ♦ � _ G ' �„ � , � ' � � ��� �� , THIS AGREEMEN'r, made and entered i nto this day of _, 1971, a� Sai nt Paul, Minnesota, by and among the City of Sair�t Paul , a municipal co:poration of the 5tate of Minnesota, her�in- af L-er ref erred to as the "City", and V'illiam Flahert y, an individual person, herei nafter ref erred to as "Flaherty", concerning the walk-in coolers and concession office of Midway Stadium. WITNE5SETH: 1. In consideration of t��o hundred dollars ($20Q. 00), and other good and valuable consideration which Flaherty hereby agrees to pay to fhe City at the Office of the Commissioner of Libraries and Civic Buildings in the City Hall and Courthouse, at SainL- Paul, no later than January 31, 1972, the City agrees to permit Flaherty the use of the wa,lk-in cooler and concession office at its Municipal Stadiunz a/k/a Midway Stadiuin for the period of December 1, 197I, to January 15, 1°72. 2. Flaherty shall pay the City the cost of al.l utilities used by hiin or his agents durin�; his occupancy of the Stadium under this agreement. Furiher, the cost of cleaning and restoring the premises shall be borne Uy Flaherty, reasonable wear and tear excepted, and to the satisfaction of the �tadium�s manager. Flaherty shall install and maintain fixtures as needed but subject to the regulation of the 5tadium's manager. Further, Flaherty shall keep refrigeration facilities at the Stadium and used by him in serviceable repa.ir and ta the satisfaction of the 5tadium's nzanager. 3. Flaherty- agrees to furnish and maintain, during the term of this agreement, public liability insurance which sha�l prote�t the City from all claims or damages for personal injury, including accidental death, which may arise out of ±he occupatzon or use of said premises by Flaherty, which pubiic liability insurance shall be in an amount of not less than One Hundred Thousar�d Dollars ($1.00, 000) per person for injuries, includin� accidental deafh, and subject to the same liinitations for each persan ir,. an amount of not less than I 5 l . ,.. . . . .. ... . . . � . . . . .. ^� f ��.;,.., � 1 � . � Three Hundred Thousand Dollars ($300, 000) on account of any single accident or incident, and further include coverage for property damage in an amount not less than Twenty-five Thousand I?ollars ($25, G'00) arising out of a single occurrence, and which policies of insurance or certificates shall state that thirty (30) days' written notice shall be given to the City before said insurance is changed or cancelled. The City shall be named as a co-insured on the insurance and copies of said insura.nce policies or certificates shall be filed with the City Comptroller of the City of Saint Paul. 4. Flaherty does hereby expressly ag.ree and undertake to fully indemnify, hold harmless and defend the City of Saint Paul, its agents, officers and employees from any and all damages, claims, losses, judgments, suits, expenses, actions, or causes of action in whatsoever manner arising out of or occasioned by the occupation or use of the said premises by Flaherty. Flanerty shall furnish and maintain a surety bond in the amount of T'hree Hundred Dollars ($300. 00) conditioned upon its complying with all the terms and conditions of this agreement, including the foregoing indemnification provisi�n and restoration obligation provided for herein, unless payment is made under the terms of the contract by Flaherty within five (51 days of the execution of this agreement, in which case the band requirement will not be necessary. 5. This agreement may be terminated by either party upon seven (?) days' written notice thereof at the last-kno��vn address of the party being notified; service of such notice upon the City shall be made upon the City Clerk. 6. This agreement may not be assigned, sub-leased or transferred by either party without the prior written consent of the other parties. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their hands and seals as of the day and year first above written. , 2 _ ,} r � . . . � � . . �,<..� r , 'F , ~ In Presence of Edward VVilliams William Flaherty CITY OF ST. PAUL Approved as to Form: By Mayor Assistant Corporation Cour�sel Commissioner of Libraries and Civic Buildings City Clerk Countersigned this day of Approved as to form and 1971. � execution, this day of , 1971. City Comptroller Assistant Corporation Counsel . . ' . ti,:�.:. ..