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255113 ORt61NAL TO CITY CL6RK �� , ' CITY OF ST. PAUL FIOENCIL NO. t ' OFFICE OF THE CITY CLERK COUNCIL R LUTION—GENERAL FORM PRESENTED BY COMMISSIONE �� ATF I�ttEREAS, the City of Satnt Paul did enter and execute certatn contracts r�rith Ar�or Coat, Tac. for Pubtic Improve�ents wtthin said City identtfied as follows: St. P�u1 A11eys, L-7295; Chatsa�rth-Oxford Pro3ect, L-7307; CMerokee Park Project, L-7315; Ha�t�ae Ave. Pro�ect, L-7328; Noyt & Kyaci�ath Pro�ect, L-7324; Prosperity �oad, L-7255; Ruth Street Pro�ect, L-721T; Waodbridge Street Pro�ect, L-7192; Mi�throp Street Pro3ect, L•7214; and Clareace Street Pro�ect, L-T337; and WHEttE�S, during t�e co�rrse of t.�e perfora�ance of the work, satd Arnor Coat, Inc. fa�tted to �et its ebligations, includt�9 the pa�ent of certatn of its subcontractors, a�t finalty, by petltion filed in Bankrupt�y Cc►ur� of The Unfited States Distrtct Court fsr the Distrtct of I�tnnesota, Third, Dtvisior�, No. 3-Tt-242 (dj was duly ad3udged a bankrupt on Febrqary 25. 19T'[; and I�iEREAS, at the tine of said ad�udication, portions of the cantracts with t�ie City of Saint Paul were nat fully performed. and �oneys due and owi�g to the baakrupt r�ere not patd ay the Ci�y and theredpon beca�e part of the geeeral assets of the bank�rpt�s esfi,ate s�b�ect to a disposition direct� by the Referee in Bankruptcy; and WHEREIIS, af�er a hearing on May 27, 19Tt, sa�d referee did � order that tl�e accotmts recetvabte due the bankrupt fro� t,he City of Saint Paut, be as�tgned to the Liberty State Ba�nk, sub�ect to the ebtt- gation of pnying for labor and a�aterlal atready sapp'tied aad of harrtng the [�ork under said contracts completed, a certtfied copy of the tfrrder of t�e Referee betng attached to thts resol�tion; aad WCiEREAS, wnd� the ter�s of the con#�actor R s perfore�ance bond the State St�rety Cospa�r witt co�plete the contracts at the arigipit coaix�ct prtce, a�d �i1� pay the past dae subcontractQrs with any funds due fraa� th� C��y aad payapte � A�or Coat, I�c. by virtue of the Order of t�e Referee i� �aakrt�ptcy and the Agre�aent dat.ed dune 8, t9Tt, COUNCILMEN Adopted by the Council 19— Yeas Nays \ Butler Caxlson Approved 19r Le�ine Tn Favor Meredith Sprafka Mayor Tedeaco A Sainst Mr. President, McCarty J �'� �,��..�►� � � � � � .�,,�.'`�,�'-� ' �.��'`� CJ dRt'��NAL TO CITY CL6RK �� CITY OF ST. PAUL couNCa � OFFICE OF THE CITY CLERK N�E NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTEO BY COMMI551 ONER DATE between Liberty State Bank and State Surety Company, which Agreement is also attached hereto; now, therefore, be it RESOLVED, that the proper City offtcers are authorized and directed to make payment of any amounts now or hereafter due Armor Coat, Inc. for work performed by it, to the �oint payees Liberty 5tate Bank and State Surety Company sub3ect to the terms of the City Charter, Sec. 320 and 322, The Saint Paul Legislative Code, including but not lim�ited to Sec. 101 et sequa, and the speclfications and contracts relative to each of the pro3ects recited above. .lUL 2 91971 COUNCILMEN Adopted by the Council 19— Yeas Nays AU6 a �s7t Butler � r2�� A rove _19— r Tn Favor Sy0 �� _ , . ,_,A��.�� rom fi�ie o��ice o� Thomas J. Stearns 3 I b Ci�Fy Hall ,'r„J ��`'""�` - � � � �" � i�� V � �?��• � -�tit/ � t� ll �--._ ��j/ - �.r�.��-� � !� . �J,t� ��^t , �� ,� �� ,,�?.�.�.. �:�. D:�..� �,�,� � Z� $".�- �-�� , �°-� ��.,��,,..,P - . �� -� � ,�',�,�� .�,� , . � � ��...�-.�..�,� � _ -� �.�., � � �, � �. �rom i�ie o��ice o� Thomas J. Stearns 3 I b City Hall G,;,� ,�} 9�,,,, �.r.�t �.�.,..P � �'�-,�.:,P. � � t �,,,,,,� �. � � �- �� . � �. G�,ti.r,r-C:�,-�'�•�.,�_� -�. .fs ° 3 :� 5�" . �rY�..r G'��.. . �s�s .�-�-,. �, - � .�� . _ _ � d�'-. ; � � � �- ,�; - ..., ^ �,, . -� . �5�113 UATITED STATFS DISTRICT COURT � DISTRICT OF MIDIlVF�OTA THIRD DIVISION In the Matter of � In Bankruptcy No. 3-71-202 (D) S ARMOR COAT CO., INC., ORDER APPROVING SALE OF PE�.SONAL PROPERTY AND CONVEYANCE OF INTER�'ST Bankrupt. IN REAL FSTATE , At St. Paul, in said District, this .� day of June, 1971. The above entitled matter cam.e 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 certain real estate. Trustee appeared in person. Liberty State Bank appeared by James H. Levy, Esq., and Moore, Costello and Hart� its attorneys. Other appearances are noted in the Referee�s minutes. At the co�nencement 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. Liberty State &�nk renewed its offer to purchase the remalll�ro items of personal property and real estate for the sum of $1,500.00 excluding the property at 255 Como. Upon inguiry in open court, no other bids were re- ceived. In the absence of ar�y other bids, and upon the petition of the Trustee herein, being satisfied that the sale and conveyance is in the best interest of �. the creditors herein, IT IS ORDERID that upon payment to him of the sum of $1,500.00, Barney B. Garber, Trustee� be and he hereby is authorized and directed to sell arbd. transfer • to Liberty State Bank all of the following items of personal property: � A. All trucks, vehicles, construction equipanent, dwmp trucks, trailers, generators, 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 a cer this to be a ,L 5� �...�'— oi' the orig 2 r d i� e copp �,.f� ��,� an* austo�yy, .,r �f�_ �y `� *�,�'� N � �91� � hr:.�;,,.. � �2.�.a� / y9/ � t �<<.��, �U a4=e�' �'f,`,,t�'�,.�.,�,�L�✓ � ;:s, `,��". . x,�,apD ti�' ' ' ....�.�+.-» � Deputy Clar , • �': � , . � . , ,' � � �,. - , . . , ' ' . , , �,:.• " " , " I certify this to be a iru�� 'capy • � , of the .original record in �y cu5tody. . ' �ry A. st�b°� cl /-. . - � � _ � . . �r _ . � Deputp Clerk. , •; • r� � , . � .- . • B. Office equip�ent consisting of one Clary adding machine, one Underwood typewriter, one.Royal typewriter, two Olivetti cal- culators, one air conditioner, one portable space heater and miscellaneous office furniture, equipanent and supplies. Said Trustee be and he hereby is further authorized to sell, transfer and assign to L3berty State Bank all accounts receivable due the above named bank- rupt arising out of contracts between the bankrupt and the City of St. Paul, Port Authority of St. Paul, Vi]lage 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 arising 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 ?�i.berty State Bank Certificate No. 7 representing 231� shares of com�on stock of Atlas Asphalt Compar�y, and to endorse such certi£icate; in accordance herewith; All sales and transfers of the foregoing being subject to security agree- ments in favor o� Liberty State Bank and S�tate Surety Company; IT IS FURTHER ORDII� that the Trustee be and he hereby is authorized and directed �o convey by quitcla�n 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 2xid Addition, according � to the pla.t thereof on file and of record in the office of the Register of Deeds in and for Said County, sub3ect to mortgage �n , favor of Liberty State Barilc, �paid taxes, assessments and restrictions, easements and reservations of record, and said sales, assigr�ments, and conv�rance be and t$ey hereby are in all things ratified, approved and confi.rmed. � � _ .��-.�U� r acob Di)n, Refe Y. 1 . . . . ., � ' � ♦ � ' � � .. , , , � . 7 � ' . ♦ . . ' . . ' ' ' i . , 1. ' :.F� ' . . . . . - - .. ' • , r� '`..,'': � ' . v Exhi bi t A � 255113 � UIJITED STATES DISTRICT COURT � DISTRICT OF MSNNFSOTA . THIRD DIVISION 7n the Matter of � In I3anlmuptcy No. 3-71-20? (D) ; AR2�IOR COAT CO., INC., ORDER APPROVING SALE OF PEftSONAL � PROPERTY AND CONVEYAIJCE OF II3TF,�2FST Bankrupt. IN REAL ESTATE At St. Paul, in said District, this � day of June, 1971. The above entitled matter came on for heaxing before the undersigned • Referee on Ma.y 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 certain real estate. Trustee appeared in person. Liberty State Banlc appeared by James H. Levy, Esq., and Moore, Costello and Ha�, its attorneys. Other appearances are noted in the Referee�s m:inutes. At the commencement of the hearing, the Trustee withdraw from sale the real estate described in Paxagraph 3 of his petition, beang the property being located at 255 Como Avenue. Liberty State Bank renewed its offer to purchase the remaining items of personal property and real esta�:e for the sum of $1,500.00 excluding the property at 255 Como. Upon inc}uiry in open court, no other bids were re- ceived. In the absence of aa�y other bids, and upan the petition of the `Pxustee herein, being satisfied that the sale and conveyance is in the best interest of the creditors herein, � IT IS ORDERED that upon payment to him of the sum of $1,500.Q0, Barney B. Garber, Trustee, be and 'ne hereby is authorized and directed to se71 and transfer • to Liberty State �c all of the following items of personal groperty: A. All trucks, vehicles, construction equipment, dump trucks, trailerss generators, rollers and similar items of tar�gible personal property and tools, materials, inventory and supplies used in the busa.ness prevz.ously carried on by the banitrupt; %` � I cer�Yf this to be a j� 5� ��,,,.,.-°-"� oP the or� �-'t� copq T� � �� B 1 r ao`rd iu �ay custody. �� ,,,.F.�- ��~ ��;t�. �y ,�.,< <.� , � �,� +�"""ti �, 1�1� �, hr:,,,.�� . � :.�� /�7./ ,.�"�' ��.�,,... . ��► � R��pxnr� � 4` .� � �� } � �i,�f i. �r� ♦ i � "s �1�.. � -�/��-f i��-'j �f.P , . "�-r� '�_ �c�?0U� � / • ..�:ttOA'�+ , • Deputp Cler � '� � � . .�� . � . • • . '. � , , �r . . . , . . �,. . , � � , , , . � � �+_. ` " : ' I cer.tiPy this t� Le a �. .�� cc,�y* � � , of tho .ori�?inal recorc in u�� C�J:JI.O��T• 1, � ' =�I3a:ry A. Si�b�� Cl�:i� � �" j �. �/ .l�� ' .-%l.��' �' _:,r t' l.,Jii -- I . . ,.��. F%I �r� /t ' � - - � Deputy Clerk. '' • ,"� � ^1 , �- _ , . . r . • • B. Office equipment consisting of one Clary adding machine, one Underwood typewriter, one Royal typewriter, two 0livetti cal- culators, one air conditioner, one portable space heater and miscellaneous office furniture, equipment and supplies. _ .-.— " Said Trustee be and he hereby is fwrther authorized to sell, tran'sfer and assign to Liberty State Bank all accounts receivable due the above named bank- rupt arising 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 alr•eady furnished and delivered �n 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 Liberty State Bank Certificate No. 7 representing 231� shares of common stock of Atlas Asphalt Company� and to endorse such certificate. . in accordance herewith; � All sales and transfers of the foregoing bei.ng subject to security agree- � ments 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 Kamsey County, 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 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 conx�rance be and t�ey hereby are in aZl things ratified, approved and confirmed. � � . � . � acob Di2n, Refe t. ' . . ;. .•, �. :• `' � � � . . . . . '. � . � . • . . . � ' ' '. ..G.�� . i � � � • � , ��:,:; . � � � � �.: Exhibit B . I 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 parties, any and atl funds now due and payabte 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 payabte 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 . , ��3 AGREEPIENT IT IS HEREBY STIPULATED AidD AGREED, bY and bettveen the undersigned Bank and the undersigned Surety, that, , notwithstanding any and all assignments to either of the undersigned parties and notwithstdnding 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 dny and all contracts bet��reen Armor Coat Co. , Inc, and said City may be p�id by check made payable to the undersigned parties as joint payees and delivered to the undersigned Surety. !n consideration of the Gity's pay- ments as hereinbefore provided, the undersigned parties hereby ayree to defend and hold said City harmless from any other parties claiming • - c � ..,..,+r�r.t funds. a� . , x, ��?13 AGREEMENT IT IS HEREBY STIPULATED AidD AGREED, by and between the undersigned Bank and the undersigned Surety, that, . notwithstanding any and all �ssignments 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 Coe , Inc, and said Gity may be paid by check made payable to the undersigned parties as joint payees and delivered to the unde►-signe� Surety. In consideration of the City' s pay- ments as hereinbefore provided, the undersigned parties hereby agree ta defend and hold said City harmless from any other parties_claiming anY right, titte or interest in said contract fun�s. � , � Dated this � day of June, 1971 . LIBERTY STATE BAfvK -;<----._� � '- ��-� � S �s.`"��, L !,-�(.�� , .r:,/-tj�='-�'✓fi��" Y • 1 t s �` ,,..�,A ' STATE SURETY COMPANY � �* � i �Y t:��..z-.-.�. ��I !��-�s--� . . .�Cenn t3, McCarclie � Its t4innesota Manager ,