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255112 . ('� OR161N/1L TO CITY CLERK � 5��) , CITY OF ST. PAUL FIOE NCIL N0, r . ` OFFICE OF THE CITY CLERK _.---- O IL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE DATF WHEREAS, Armor Coat Co., Inc. has entered ir�to certatn tacal improvements contracts wi'th the Cfity of Saint Paat. whtch had not been compteted prior to tDe satd company be�ng duly ad�udg�d a bankrupt on Fe�ruary 23, 1g7T; and WHEREAS, pursuant tfl the terms of certain surety bonds executed in connectton wtth the pro�ects by the State Surety Company, fit had agreed to bt�nd itsetf far t8e full arui faithful performance af the ccntracts accord#ng to tbetr terms and the taws appertaining thereto, and, therefore, it I�s �ow undertaken the completion of said aark, at►tch completion has furttter 6een directed by tF►e Bankruptcy Court cf ttte United States Distrtct Court under fts Order dated June 2, 1971, which is attached h�reto as Exhibtt A; now, therefore, be it RESOLYEO, that pursuant to the surety bonds aforesatd and the assumption of res�nstbt�ity by the State Surety Company for the com- pletton of the pro�ects origtrtatty undertaken by the bankrupt Armor , , Coat, Inc., t,he proper City officers are authorized and dtrected to - treat the Statte Sdr^�ty Company as the contractor in ptace of Armor Goat � ' Co., Inc., in each contract that had not been completed at the time of the ftltng of the petitfion 1n bankruptcy, wtth the contractual respon- sibitities so prescribed and the rights and 6enefits to fie received to the sa�e extent as the original contracttng party; and, be it further RESOLVED, that payn�ent for the services performed and the work undertaken shall be in conformance with the condittons incorporated into the contracts, tP�e Order of the Bankruptcy Court, previously referi'ed to as Exhibit A, and the agree�nent of the State Surety Company and the Liberty State Bank, which is attached hereto as Exhtbit B; that, under such aqreements the proper City officers are authorized and directed to make payment on the completed pro3ects to the 3oint payees of the State Surety Canpany and the Liberty State Bank as such contractual payments becane due; -and, be it further COUNCILMEN Adopted by the Council 19— Yeas Nays Butler Carlson Approve� 19� Levine _In Favor Meredith Sprafka Mayor Tedesco A Sainst Mr. President, McCarty �� r�ir�n ?�� —�� ORIGINAL TO CITY CLERK CITY OF ST. PAUL FCOENC�L N�c. ��I►��,2 � � OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DAT° RESOLYED, that performance on the part of ttie City of Satnt Pau1 wi11 be conditioned on the S�ate Surety Canpany"s filing with the office of the Ctty Clerk of safd City its written acceptance of the terms of this Resotation and tts agreement to assume the respon- stbilittes and obtigations of Armar Coat Co., Inc., in each of the pro3ects not completed at the date of said company's bankruptcy in form approved by the Corporation CounseT, as we11 as its completion of the pro3ects in full compliance wtth the terms of the contracts and the speciffications upon which they are based. -.�. � J U L 2 9 1971 COUNCILMEN Adopted by the Council 19— Yeas Nays Butler � AU� 219TA son Appr d 19— Levine ''"In Favor -�ere�� Sprafka yor L� Against Tedesco � * PU6USHED AUG ti�i�� Mr. Vice President Mered�t� STATE SURETY COMPANY ��. . �p � �l�J✓ ti�!�2� a�r�� JcvxeG� �o�rzc% �� ,• �. � INSURANCE EXCHANGE BUILDING / DES MOINES, IOWA 50309 / PHONE 515-288-2121 MINNESOTA OFFICE: 200 SOO LINE BLDG. / MINNEAPOLIS, MINN. 55402 / PHONE 612--332-6081 Augu3t 5, 1971 Office of the City Clexk City of St. Paul Bureau of Records 386 City Hall St. Paul� l�nnesota 55102 Attn: Harry E. Marshall re: Armor Coat Company Dear Mr. Marshall: This will acknowledge your letter of the 3rd of August, 1971 relative to St. Paul City Council file No. 255112. The State Surety Company� an Iowa Corporation� does hereby accept the terms of resolution No. 255112 and approve the con- ditions stated therein. It is therefore reques�ed that procedures be enacted pertaining to the transfer of certain monies being held by the City of St. Paul over to State Surety Company and Liberty State Baxik as joint payees. Thanking you for your early consideration I wish to remain Very truly youxs, STATE SURETY COI�ANY o}' �e �,� enn Mc�ardle - � ��Cy� Attorney-in-Fact CC: David Fesler •. Liberty State Bank August 3, 19'T1 State Surety Campaay Soo Line �u3.7.ding Minrieapolie� Minnesota Gentlemen: F�closed are copies of 2 reaolutions of the St. Paul City Council� Council Files 255�a.2 ana a55ii3, pertaitting tc the transfer of contraets frcmt Armor Coat Compaqy to State Swrety Compaqy. We cell your particular attent3on to the last paragraph in Council File a55�i2, which requires the filing with th� City Clerk of youx� written acceptarice to the t�rms of thi� resolw�tion. Very trtily yours, r � City Clerk AO�ng � •_.1 •^Z ' � r-� Exhi bi t A / � ��11 � 2 y' � tJNITED 5TATES DISTRICT COURT � DISTRICT OF MINNESOTA THIRL DIV.LSION 7n the Matter of � In Banlcruptcy No. 3-71-202 (D) � � ANMOR COAT CO., II3C., ORDER APPROVING SALE OF PERSONAI, • PROPERTY AND CONVEYAIv'CE OF TNTF�T�EiT . Bankrupt. IN REAL ESTATE , At St. Paul, in said District, this ..� day of June, 1971. The above entitled matter came on for hearing before the undersigned � Referee on May 27, 1.971, pursuant to Order for Hearing on Trustee�s Petition for an Order approving a sale of certain items of personal property and convey- � ance of his interest in certain real estate. Trustee appeared in person. Liberty State Banlc appeared by James H. Levy, Esq., and Moore, Costello and Hart, its attorneys. Otlier appearances are noted in the Referee�s minutes. At the commenceraent of the hearing, the Trustee withdraw from sale the real estate described �in Paxagraph 3 of his petition, being the property being located at 255 Como Avenue. Liberty State Ba.nk renewed its offer to purchase the remainirig items of personal property and real estate for the sum of $1,50Q.00 excluding the property at 2�5 Como. Upon in�}uiry in open court, no other bids were re- ceived. In the absence of any o�her bids, and upon the petition of �;he Trus�Lee l�ere�n, being satisfied that the sale and conveyance is in the best interest of , l the creditors herein, IT IS ORDERED that upon payment ta h�m of the sum of $1,500.00, Barney B. Garber, Trustee, be and he hereby is �,uthorized and directed to sell and tra,nsfer • �;o Liberty State Banic all of the following items of personal property: , A. All trucks, vehicles, construction equipment, dtunp trucks, trailers, generators, rollers and similar items of tangible personal property and tools, materials, invenf:ory and supplies used in the business previously carried on by the bankrupt; � ,�M � °p�P3�this to be a �.�� / oP tho ori�n 1 r s�rd i m copp � �.'�" '�i`��,�� y custody. ,..� � ��:��,9 ,� � , � �� , �19'f� , !��•-�:;-�.-�-'�" ► �u_.�, 1 �7i ,ti ;,.�'��.��:.� , :��N � ��,�6�nr� ��'fi_a.,.j�� , ";,4r�`", �x QO,b �10�• ( ..�s4+wA• � � / � � . • Deputp Cler , • � . . . - . �. - �� ' . . • �. � ' „ . , {� , • , . , � , . . , . ; s;. .. . • S cert�f'y tr.iw 'to Ls a +.;r�., cc;;a� �.� . V1. �11'J .Y�jt�+w�l�� I��iJ+Q li.� lil�� CLLJ��T• ,1. . . ' ;'F�I�r:y-t+,. �ith h'ra 41 c��'- , )� / . l / Y . ( . . � .( . � _ '/ _ ..�. ._J' ,'��'Z..t�� .' . �.�� '�� ' -- __ _ � peputy Cl:;ry�. � ,.�� :-�.,t � . � , ' -- . �,. � . B. Office equi�enent consisting of one Clary adding machine� one Underwood typewriter, one. Royal typewriter, two Olivetti cal- culators, one air conditioner� one por.table space heater and miscellaneous office furniture, equipment and supplies. „_� -- Said Trustee be and he hereby is further authorized to sell, tran'sfer and assign to L3.berty State Bank all accounts receivable due the above named bank- 1 rupt arising out of contracts between the bankrupt and the City of St. Paul, . Port Authority of St. Paul, Vi.11age of Roseville, Vi.11age of Mendota Heights, � • and Village of Falcon Heights, subject to the obligation to �ay for labor and material a]ready furnished and delivered in connection.with said contracts, and the obligation to complete the work due thereunder in accorance with said con- - tracts, and all other accounts receivable axising out of work previous],y per- . formed by the bankrupt. Said Trustee be and he hereby is further authorized and directed to sell, assign and transfer to Liberty State Bank Certificate No. 7 representing 231� shares of common stock of Atlas Asphalt Company, and to endorse such certi.ficate; . , in accordance herewith; � . � All sales and transfers of the foregoing be�.ng subject to security agree� ments in favor of Liberty State Bank and S�Late Surety Company; IT IS FURTHER ORDERED that the Trustee be and he hereby is authorized and directed �o convey by quitclaim deed to Ziberty State Bank the following described premises in Ramsey Cownty, Minnesota, to wit: Lots 20 through 33, in Block 1 in Cox�s 2nd Addition, according to the plat thereof on file and of record an the office of the Register of Deeds in and for Said County, subject to mortgage in . favor of Liberty State Bank, wnpaid taxes, assessments and restrictions, easements and reservations of record, , and $aid sales, assignments, and conv�rance be and t�ey hereby are in all th3.ngs ratified, approved and. confismed. � . � .Q� �r . � acob Dvn, Refe � • . . ... .__. � __ , . ,, _._. _ _ . _ -____ - - __.. __ ._. ._--- _ __._ . • . . '. �. . �ie . .,,. . . , . , � � . , - , :�;: . , .. • , �y , , �,,. . . �► Exhibit B AGREEMENT IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned Bank and the undersigned Surety, that, notwithstanding any and all assignments to either of the undersigned parties and notwithstanding any other rights of either of the undersigned parties, any and all funds now due and payable or hereafter due and payable to Armor Coat Co. , Inc. by the City of Saint ,Paul , Minnesota under any and all contracts between Armor Coat Co. , Inc. and said City mdy be paid by check made payable to the undersigned parties as joint payees and delivered to the undersigned Surety. In consideration of the City's pay- � ments as hereinbefore provided, the undersigned parties hereby agree to defend and hold said City harmless from any other parties claiming any right, title or interest in said contract funds. � Dated this Fj day of June, 1971 . LIBERTY STATE BANK � � 1 B �' �� , -��2%t� Y I ts STATE SURETY COMPANY BY .�-.�-�-.�� 'i`'�,vti-�%�c enn B, McCardle . Its Minnesota Manager � ��_.. , � --� ,-�, , � -�- Exhi bi t A . �s�� UNITED STAZ'�'�S DISTRICT COURT � DISiRICT OF MSPINESOTA THIRD DI�SION 7n the Matter of � In Bankruptcy No. 3-71-202 (D) � � . �iOR COAT CQ., INC., ORDER APPROVING SALE OF PERSONAL - � PROPERTY AND CONVEYANCE OF INTEF�T Ba�nkrupt. � IN REAL ESTATE , At St. Paul, 7.n said District9 this .� day of June� 1971. The above �ntitled. mat�;er came on for hearing, before the undersigned • Referee on May 27, 1971, pursuant to Order for Hearing on Trustee�s Petition , . for an Order approving a sale of certain items of personal property and convey- ance of his interest in certai.n real estate. Trustee appeared in person. Ziberty State Banlc appeared by James H. Levy, Esq., and Moore, Costello and Hart, its attorneys. Other appearanc�es are noted in the Referee�s •minutes. At the commencement of the hearing, the Trustee withdraw from sale the real estate described in Paragraph 3 of his petition, being the property being located at 255 Como Avenue. Zibert� State Ba.nk renewed its offer to purchase the remaining items of personal property and real estate for the sum of $1,500.00 eaccluding the property at 255 Como. Upon inr}uiry in open court, no other bids were re- ceived. In �he absence of any other bids, and upon the petition of the Trus�ee here�n, being satisfied that the sale and conveya.nce is :in the best interest of 1 the creditors herein, � IT IS ORDE�RED that upon payment to him of the sum of $1�5�•00, Barney B. Garber, Trustee, be and he hereby is authorized and directed to seZl and transfer • to Liberty State Ba.nk all o� the following items of personal property: , A. A11 trucks, vehicles, construction equipment, dump trucks, trail.ers, genera�;ors, rollers and similar items of tangible personal property ' and tools, materials, inventory and supplies used in the business previously carried on by the bankrupt; � �y I ae�Y� this �o be �a �� / oP tho or�� 1 r ��"rd tu tt� c�pp , I�Ti ,��a�3'��' � Y custoc2y. �.�d,.� � �� `.��,�'.(i!/��/� L,GI <J. , � �,'Cn y°°`"" 2 �� i � t � , rs.,,,. , . , �Z..��, ��i �,.s :�.�,�7p,�;.�:,. , ,UN R�xa�«�� ,V,�'',��_.....G/�'� � . .�:i��L�'.--•... ��QA� ��.. V � � , ' •� . • Doputy Clor , • � . . ;;. . ,�; , . .f ,. � . , . . .r. . . � . . � . . . � � � - . . . , .. �, . , . . . . � � �6, � � � � � a ` " ; ' I cortify this t.o Le � ir�:s ccpy • . o� tho .�ri�ii�al record iz� nzy ca:.tody. 1� � • ' ;-�arry A. �alEb'�; Cl�,'��/; , �, . , y „ . ' . . .4� ,��/ C i�l.._�V��l'-�t ��r//�I �._, . ,.`� (.� 7 -�� peputy Clerk. :,� . , • � /�l �`\ B. Office equipment consisting of one Clary adding machine, one Underwood typewriter, one Royal typewriter, two Olivetti cal- culators, one ais conditioner, one portable space heater and misce7laneous office furniture, equipment and supplies. Said Trustee be and he hereby is further authorized to sell, transfer and assign to Liberty State F3ank all accounts receivable due the above named bank- rupt axising out of contracts between the bankrupt and the City of St. Paul, Port Authority of St. Paul, Village of Roseville, Village of Mendota Heights, � and Village of Falcon Heights, subject to the obligation to �ay for labor and material already furnished and delivered in connection.with said contracts, and the obligation to complete the work due thereunder in accorance with said con- �- tracts, and all other accounts receivable axising out of work previously per- formed by the bankrupt. Said Trustee be and he hereby is further authorized and directed to sell, assign and transfer to ?�iberty State Bank Certificate No. 7 representing 234 shares of comYnon stock of Atlas Asphalt Company, and to endorse such certificate; . in accordance herewith; � � All sales and transfers of the foregoing being subject to security agree- men�s in favor of I,iberty State Bank and S�tate Surety Company; IT IS FURTHER ORDERED that the Trustee be and he hereby is authorized and directed �o convey by quitclaim deed to Liberty State Bank the following described premises in Ramsey County, Minnesota, to wit: Lots 20 through 33, in Block 1 in Cox�s 2nd Addition, accoxding to the plat thereof on file and of record in the office of the ftegister of Deeds i.n and for Said County, subject to mortgage in . favor of Liberty State Bank, unpaid taxes, assessments and restrictions, easements and reservations of record, , and said sales, assignments, and con�rance be and t�ey hereby are an all things ratified, approved and confirmed. • . � ,. • � t�. � acob D�n, Refe�r ;. - � • . . •. • � ' � � • . . . . , . :u,• . : .. • -�fW>•+. . • � � �,._,..r'� • e AGREEMENT (T IS HEREBY STIPULATED AND AGREED, by and between the undersigned Bank and the undersigned Surety, that, notwithstanding any and all assignments to either of the undersigned parties and notwithstanding any other rights of either of the undersigned pdrties, any and all funds now due and payable or hereafter due and payable to Armor Coat Co. , Inc. by the City of Saint Paul , Minnesota under any and all contracts between Armor Coat Co. , Inc. and said City may be paid by check made payable to the undersigned parties as joint payees and delivered to the undersigned Surety. � In consideration of the City's pay- � - ments as hereinbefore provided, the undersigned parties hereby agree to defend and hold said City harmless from any other parties ctaiming any right, title or interest in said contract funds. � Dated this � day of June, 1971 . LIBERTY STATE BA�fK B _ �. - ��!�� .�� Y I ts Er �q STATE SURETY COMPANY By �;-�-,,.,�� 'i `Ca J� enn B. McCardle . Its Minnesota Manager �:. _ . s� Exhibit B AGREEMENT IT IS HEREBY STIPULATED AIJD AGREED, by and between the �andersigned Bank and the undersigned Surety, that, , notwithstanding any and alt assignments to either of the undersigned parties and notwithstanding ar�y other rights of either of the under-signed parties, anY and all funds now due and payable or hereafter due and payab�le to Armor Coat Co. , Inc. by the Gity of Saint Paul , Minnesota under any and all cantracts between Armor Coat Co. , Inc. and said Gity may be paid by check made payable to the �ndersigned parties as ,joint payees and delivered to the unc�ersigned Surety. In consideration of the City's pay- ments as hereinbefore provided, the undersigned parties hereby agree to defefid and h�ld said City harmless �Fr-om any other parties claiming anY right, title or interest in said contract funds. � � Dated this � day of June, 1971 . L I BERTI' STATE BAhK _ = '� -r��' ,+ ,�i ��::/ � �l �. g ��`'� . f��,��''� ry� -t�:�"�y Y -- Its T � �� STATE SURETY COP4PA��Y Y ,G�'_� �> '•� � � B ��-�.._ �, < �� L�'��;�/� .�enn 6. McCardle I ts ?ri i nnesota Manager