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249006 . . f�A ' �LRIGINAL TO CITY CLERK � � /(_j���.�� ' CITY OF ST. PAUL couNCi� �'� i ; OFFICE OF THE CITY CLERK FILE NO. ' COUNCI ES LUTION—GENERAL FORM PRESENTED BY (✓ COMMISSIONE DAT� WHEREAS, The Toni Company has indicated to the Department of Public Works that said company is desirous of installing electrical heating �nits for snow melting p�arposes in the public sidewalk abutting their building located o� the south side of Fifth Street between Broadway and �'ohn Str�ets and, further, to construct the sidewalk grade so as to incline in the direction of the buildir�g; now, therefore, be it RESOLVED, That pursuant to the provisions of Chapters 207 and 208 of the Saint paul Legislative Code, the Com�nissioner of Public Works is hereby authorized to issue to said Toni Company or to a licensed and bonded sidewalk contractor acting as agent for said Toni Company, permit to construct the sidewalk abutting the company' s building on Fifth 3treet, begianing at a point ap- proximately 23 feet from the eagt property line on Broadway and continuing 94 fe�t toward John Street, and to incorporate in said construction of aidewalk an electrical heating unit for snow remonal �'S� purposes; and be it FURTHER RESOLVED. That the abowe permit is granted a�d m�de expressly subject to the followimg terms, provisions and eor�ditions: 1. That said permittee shall, at its own cost � and expense, and in accordance with all applicabl� ordinances of the City of Saint Paul and statutes p c� of the State of Minnesota, construct, erect, maintain W 4 and operate said sidewalk and its installation; o ; a 2. That said sidewalk construction and installation ¢ � shall be in strict conformance with plans approved by the _ N Department of Public Works; � �, � 3• That said permittee shall pay the costs of inspection and publication of this resolution� COUNCILMEN Adopted by the Councit 19— Yeas Nays Carlson Dalglish Approved 19— Meredith Tn Favor Peterson Sprafku Mayor Tedeaco A gainst Mr. President, Byrne �O . � �z�����6 M 2 4. That said permittee and its successors and assigns shall hold harmless, indemnify and defend the City of Saint Paul against any and all liability on account of all claims, causes of action, suits and judgments or on account of injury to persons and/or property arising from or connected with the construction, erection, maintenance, operation and/or removal of said sidewalk and said electrical heating unit installation and said grade of sidewalk; 5. That supplemental to all other obligations on its part, said permittee and its successors and assigns shall furnish and maintain and pay all premiums and other 1�.��� expense for public liability insurance coverage by an in- surance company duly licensed by the Commissioner of Insurance of the State of Minnesota, in an amount of $250,000 against liability for injury to any one person and $500,000 for personal injuries in any one accident, and ' against liability for injury to property in an amount of $50,000 for any one accident, and in the said amounts and for the said purposes respectively, indemnifying said , permittee, its successors and assigns, and the City of Saint Paul against liability on account of all claims of third persons for injury to person and/or property arising from or connected with the construction, erection, operation, maintenance and/or removal of said sidewalk and underlying electrical heating unit, and shall furnish competent evidence of said coverage from time to time to the Comptroller of the City of Saint Paul; 6. That said permittee, The Toni Company, shall forthwith furnish and deliver to the City of Saint Paul, surety bond in ,� s , ��9��6 � 2 4. That said permittee and its successors and � assigns shall hold harmless, indemnify and defend i the City of Saint Paul against any and all liability � on account of all claims, causes of action, suits and ' judgments or on account of injury to persons and/or � property arising from or connected with the construction, j erection, maintenance, operation and/or removal of said ! sidewalk and said electrical heating unit installation 1 , and said grade of sidewalk; ! j 5. That supplemental to all other obligations on � its part, said permittee and its successors and assigns � shall furnish and maintain and pay all premiums and other , expense for public liability insurance coverage by an in- surance company duly licensed by the Commissioner of Insurance of the State of Minnesota, in an amount of • $250,000 against liability for injury to any one person and $500,000 for personal injuries in any one accident, and against liability for injury to property in an amount of $50,000 for any one accident, and in the said amounts and for the said purposes respectively, indemnifying said permittee, its successors and assigns, and the City of Saint Paul against 7.iability on account of all claims of third persons for injury to person and/or property arising from or connected with the construction, erection, operation, . maintenance and/or removal of said sidewalk and underlying electrical heating unit, and shall furnish competent evidence of said coverage from time to time to the Comptroller of the City of Saint Paul; � ' 6. That said permittee, The Toni Company, shall forthwith furnish and deliver to the City of Saint Paul, surety bond in s � ��oc�� June l, 70 C The Toni Company Toni Building St. Paial, t�iinnesota Gentlemen; We enclose a copy of uncil File . 2�+9006, �rantin� you permission , to construct the side lk abuttin he company's buildinE3 �n Fifth St. be�inning at a point roximate 23 ft. frorn the east property line on Broadway an tin ' �+ toward John St., and to incorporate in said con ' n of s and el�ctrical heatin� unit Por snow removal p� oses; also b3I1 in the sum of $23.85 to eover the cost oP publicati of the re ution. We call y epecial ention to Pare$raphs 6 �nd 7 which req«ire the �iling a bon the amour�t �pecit'ied and the filing af an acceptance a s oP this resolution. The �cceptanee must be �i1ed in thi g ofPi ce� Room 386� City H,�,11� wit hi n 15 d�ys. If not so fYled, the resoiution becon��es void. Very truly yours, City Clerk ng � � • June 9, 1970 Office of the City Clerk City of Saint Paul Bureau of Records 386 Ci ty Hal l St. Paul , Minnesota 55102 Gentlemen: Attached is our acceptance of the terms and conditions of Council File No. 249006, adopted by the Council on May 26, 1970. Receipt by your office of this acceptance has been acknowledged on a separate copy of this transmittal letter. The Certificate of Insurance as specified in Paragraph 5 and the surety bond as specified in Paragraph 6 are in the process of being obtained and will be delivered in the near future. I assume this complies with the provisions of the ordinance. Should any question arise in connection with this, please direct it to me. Very truly yours, THE TONI COMP NY � c.._. �/ � � � �,-c �- ; �� o � , _..____. . E. L. Bl gen : ' �� T Plant Account' Director �;� ` ; -�N N v �J ELB/cg �o —�? �� � cc: J. Kemper m �-: �C � Saint Paul, Minnesota June 1, 1970 To the Honorable, the City Council Saint Paul, Minnesota Gentlemen: We, the undersi�ned, do hereby accept and agree to abide by all the terms and conditions of Council File No. 2�+9006, ad.opted by the Council on May 26, 1970. TEE TO1QI COMP BY � � . ______ _ ~.�� `':.i;,�'-0,. _ � ��•� •. �'�� f ��' z� � � , s;; r, DUPLICATE TO PRINTER �Aj��Y�V� . CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY COMMISSIONER DATF � the penal sum of $1,000 made and executed by said permitt�e, as principal, and a corporate surety company duly authorized to transact busineas in the 5tate of Minnesota, as surety, to and in �avor of the City of Saint Pau1, as obligee, conditioned that said permit�ee sha],1 indemnify and hold harmless said City of Saint Paul against all expense and 1i,ability on account of all c2aims, suits and judgments arising out of or connected with the construction, erection, mainte- nance and/or aperat3on by said permittee and/or any sucaessor in interest o� th� aforementioned subsidewalk electrical heating unit, which surety bond shall be in such form as shall be approved by the Corporation Counsel and sha11 have surety as shall be approved by the Com- missioner of Finance; 7. That said permittee shall, within the period of �ifteen (15) days next after the ef�Eective aate o� thia resolution, file with the City Clerk its written acc�ptance of the terms, provisions and conditions of this resolution and its agreement to be bound by said terms, provisiona and conditiona thereof, without limitation, which written in- atrument of acceptance and agreement shall be in farni approved by the Corporation Counsel. I+�AY 2 6 1��� COUNCILMEN Adopted by the Council 19— Yeas Nays ��� 2. , , Carlson � /� "���.'r �- �� Dalglish '\.J Approved 19— Meredith _�n Favor Peterson ,.� Mayor Sprafka �ecl�c'o l.�< A gainat 14Ir. President, Byrne �� DUPLICATE TO PRINTER ;i� ��':.T� CITY OF ST. PAUL couNCi� {.t���' ��� OFFICE OF THE CITY CLERK F��E NO. COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF WHEREAS, The Toni Company has indieated to the Department of Public works that said company is desirous of installiny e�.ectra.cal heat3.ng units �or snow melting purposes in the pub3ic sa.dewalk abutting �h�ir buil.ding located on the soutr� side of Fifth �treet between Broadway and John Streets and, further, to construc� �he sidewalk grade so as to incline a.n tlze direction of the building; now, �herefore, be it RESOLVED, �'hat pursuant tQ the provisions of Cr�.pters 207 and 208 0� the Saint Paul T,egislative Code, the Cammissioner o£ Public Works is xiereby authorized to issue to said Toni Company or to a licensed and bonded sidewalk contrac�or ac�ing as ageni: for said Toni Cornpany, permit to construct th� sidewalk abutting the company' s building an Fifth Street, beginning at a point ap- proximately 23 feet f'rom the east property l.ine on Broadway and continuing 9� feet toward John Street, and to incorporate in said con�truetion of sidewalk an electrical hea��.ng unit for snaw removal purposes; and be it FURTHER P.ESOLVED, That the above permit ig granted and made expressly �ubject to the following terms, provisions and conditions: 1. That said permi.ttee shalZ, at its own cost �and �xpense, and in accordance with all applicable ordinances of the Git�r of Saint Paul and statutes of the State of Minnesrata, construct, erect, maintain and opErate said sidewalJc ancl its installation; 2. That said sidewalk construction and insta].lation sha11 be i.n �trict con:Eormance with plans �pprov�d by the Department o£ public works; 3• That said permittee shall pay the CO3�9 0£ inspection and publication of this resolutian; COUNCILMEN Adopted by the Council 19_ Yeas Nays Carlson Dalglish Approved 19— Meredith Tn Favor Peterson Sprafk� Mayor Tedesco A gainst 1�Tr. President, Byrne �O