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250012 ORt�AL;O CITY CLERK ��V��/ - CITY OF ST. PAUL FOE NCIL NO. ~� ` , OFFICE OF THE CITY CLERK � � CO L LUTI -G NERAL FORM PRESENTED EY Robert F. S ra COMMISSIONE p,TE WHEREAS, The Church of St. Matthew, Saint P ul , Minnesota has indicated to the Department of Public Works that said church is desirous of installing or having installed electrical heating units for snow melting purposes in the public sidewalk abutting their church builaing at 510 Hall Avenue; now, therefore, be it RESOLVED, That pursuant to the provisions of Chapter 207 and 208 of the Saint Paul Legislative Code, the Cortunnissioner of Public Works is authoriaed to issue to said Church of St. Matthew, or to a licensed and bonded sidewalk contractor acting as agent for the Church of St. Matthew, a permit to construct the sidewalk abufiting the buitding at 510 Hall Avenue, Saint Paul , Minnesota, and to incorporate electrical heating units in certain sections of the sidewalk; and be it FURTHER RESOLVED, That such permit and the permission hereby granted for such instailation shall be subject to the following conditions, provisions and `,g terms: �\� �� 1 . That said permittee shall not proceed with construction unless and until said permittee shall have furnished and delivered to the City of Saint Paul a surety bond in the sum of $2,000.00, made and executed by said permittee as principal and a corporate surety company duly authorized to transact business in the State of Min�esota, as surety to and in favo►- of the City of Saint Paul as obligee, conditioned that said permittee shall indemnify and hold harmless and � defend said City of Saint Paul , its agents, officers and employees against all y expense and liability on account of ail claims, suits and judgments arising out ; of or connected with the construction, erection, maintenance and/or operation ° by said permittee and/or any successor in interest of the aforementioned sidewalk w � electrical units, which surety bond shall be in such form as shall be approved by � � the Corporatio� Counsel , and shall remain in force and effect so long as said a a electric heating units or any parts thereof remain in place; `t c� 2. That said permittee shall procure all necessary permits and bonds from � y the Department of Parks, Recreation and Public Buildings and the Department of p �c Public Works, but shall not proceed with construction unless and until said '� permittee shall have fuily complied with the provisions regarding insurance and indemnification contained in the City of Saint Paui , Department of Public Works Specifications for Street and Sewer Construction, dated April 1 , 1959, Section COUNCILMEN Adopted by the Counci� 19— Yeas Naya Butler Carlson Approved 19_ Levine _�� Favor Meredith Sprafka Mayor Tedesco A Sainat Mr. President, McCarty �� ORI NAL TO CITY CLERK t� w ' CITY OF ST. PAUL couNCa � �4��+ r OFFICE OF THE CITY CLERK ti�E NO. ° COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY Robe rt F. S p ra f ka COMMISSIONEQ nArF Page 2 numbered 1 .44 of said specifications, as amended, applicable to contractors. For the purpose of this resolution the aforesaid section of said specifications, numbered 1 .44, as amended, shail be read as though the word "permitfiee" was substituted for the word "contractor", wherever the same appears in the aforesaid Section 1.44, as amended. , Said Section 1.44, as amended, of the Specifications for Street and Sewer Construction in the City of Saint Paul is hereby incorporated herein by reference as fully and as completely as if set forth herein verbatim. Proof of compltance with provisions of the aforesaid section shall be in such form as the Corporation Counsel of the City of Saint Paul may direct and the documents required by the aforesaid Section 1.44, shall , after submission to the Office Engineer's Division of the Department of Public Works, be filed in the office of the Comptroller of the City of Saint Paul ; 3. That said permitt�e shall submit bond and insurance documents to the Office Engineer of the Department of Public Works; 4. That said permittee shall , at its own cost and expense and in accordance with ali applicable ordinances of the City of Saint Paul and statutes of the State of Minnesota construct, erect, maintain and operate said sidewalk instal latior�; _ 5. That said sidewalk construction and_installation shall be to the satisfaction of the Commissioner of Public Works and in accordance with the plans and specifications approved by and on file with the Department of Public Works and in strict compliance with the City of St. Paul Electrical Code and be authorized under a building permit issued by the Department of Parks, Recreation and Public Buildings; 6. That said permittee shall pay for the publication of this resolution and publication of all resolutions and ordinances related thereto; 7. That said permittee shall pay the costs, over and above those services provided for under necessary permits, of administration, engineering and inspection of said work, and said costs to be accounted for under Department of Public Works Project Number E-1070; COUNCILMEN Adopted by the Counci� 19— Yeas Nays . Butler Carlson Approve� 19— Levine _ln Favor Meredith Sprafka Mayor Tedesco A Sainst Mr. President, McCarty � ORIfi�NAL TO CITY CLERK ��.�2 ' CITY OF ST. PAUL F�E NC�� NO. " � OFFICE OF THE CITY CLERK � �� COUNCIL RESOLUTION-GENERAL FORM PRESENTED BY Robert F. Spraf�a COMMISSIONER DATF Page 3 8. That said permitfiee shall furnish the Department of Public Works, upon request, all documents of record that are a part of the Contract or incidental to its execution including but not limited to addendums, award of contract, sum of contract, "as built" plans and tracings; 9. That said permittee shall not commence construction or installation until a sidewalk permit is obtained from the Local improvement Dfvision of the Department of Public Works; 10. Said permittee, after the inception of said work, shall prosecute said work continuously, with diligence and fully complete said work to the satisfa�tion and approval of the Commissioner of Public Works; 11. That said permittee shall properly profiect all excavations made in the streets, sidewalks and boulevards both day and night so as to avoid ail damage or injury to persons or property; 12. That said permittee shall , during the term of this permit, restore and repair all property, whether public or private, damaged or which may be damaged due to the construction; 13. That said permittee shall , at no cost to fihe City, repair any damage to the electrical heating units which occurs during the normal course of City maintenance and/or construction; 14. The Councii reserves the right to order by resolution, the remaval of the electrical heating units or parts thereof, from the public way and in the event the Council exercises such right, the permittee shall at his awn �acpense rernove the said heating units or parts thereof, and restore the public way to its original condition; COUNCILMEN Adopted by the Counci� 19— Yeas Nays Butler Carlson Approved 19— Levine Tn Favor Meredith Sprafka Mayor Tedesco A Sainst Mr. President, McCarty PUBLISHED AU G 15 �+�'Y, O OR16�4AL TO CITY CL6RK �O. ��?'�?.� (� ' • ' CITY OF ST. PAUL couNCa U�,; ti ' , OFFICE OF THE CITY CLERK HLE �� COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY Robert F. Sprafka COMMISSIONER DATF Page 4 15. That said permittee and its successors and assigns shall fully indemnify and hold harmiess and defend the City of Saint Paul , its agents, officers and employees against all liability on account of all claims, causes of action, suits and judgments on account of injury to person and/or property arising from or connected with the construction, erection, mainte�ance, operation and/or removal of said sidewaik and said electrical heating units instaliation contemplated by this permission and authority; 16. That said permittee sMall , within the period of 15 days ne�ct after the effective date of this resolution, file with the City Clerk, its written acceptance of the terms, provisions and conditions of this resolution and its agreement to be bound by said terms, provisions and conditions thereof, without limitation, which written instrument of acceptance and agreement shall be in form approved by the Corporation Counsel . AUG 11 1;�L11 COUNCILMEN Adopted by the Council 19— Yeas Nays ;��,�� 1 i 1970 Butr�r' Carlson � rove� 19— Levine _ln Favor Meredith Sprafka � Mayor Tedesco A Sainat _ Mr. President, McCarty PUBLISHED AU G 1519 �� DITPLICATE COPY OF LETTER MAILED �UGUST 3�, 1970 �tt�� 1�� t�� .v7 �u �.� �ttix�# �rs�tl, �ixmesu#tt .��1II7 ��ux�es� 224-�793 - - zz4-8�.�4 Auguat 14, 1970 Office of the City Clerk 3s6 City Hall St.Paul, Minnesota 55102 Deax Mr. Marshall, We received the a.dopted resolutions, Council File No. 250012, permitting. the installation of electrical heating unite in the public sidewalk. We thank you for this permission. Enclosed you will find the required bond. Also we do accept the terms, provisions and conditions of this resolution. Since ely yours, Rev. William 0. Whittier Ad.�niniatrator a:K �Y� � r�l 1 � f August 1 , 19'TQ �------_� ! �._.._...__ �,�,, \ �,�� The Church of St. Matthew �� 10 Hall Ave. , St. Paul, Minnesota � Gentlemen: , � �� '�.. Enclosed is a copy o , resolu �n of'�t�e City Council, Council File No. 25 , adopte �day, grantira� you per- mission to construc or have in alled electrical heating units for snow melt g purposes the public sidewalk abuttin� ,your church bua.ldin t 510 Ha Ave., SUBJECT to the conditions, provision,a��rms the resolution. i �'e call our special t�ention to Paragraphs 1 and 16 of the condit s, which re ire the filing af a bond in th� amount speciPi and the f ng of an acceptance of the terms, pravisi and con ion� of this resolution, within the period o xt a�ter the effective date thereoP, which would {;ust 29, 1970. We sh�ll send you a bill for the cost oP publicatian of this r�solution and of a].l resolutions and ordin�nces relat�d to �his permi� at a later d.ate� as a�t out in Pflra.graph 6 oP the c�nditions. Ver�,� '�ruly yours, City Clerk n� �ugust 1f3, 97� ��-.� � -.~� ��, .. �. ,----� \� The t�tiurr_h o� �'t. ".�atthew � '�� `,1 G �:a 1.1 Ave. � St. Paul, hZinnes�ta j .� \ / � /' C�ent7_emen: `��,�,/ �• %-----._.` \ Encl�s�ca is a printed/c��L�unci:_l`'?�'i.l.� N�. %5ti12, �dopted �`.tz{?ust ]_1_, ?':3?0, by �� CitY Co z�cil, `w�h .reference to the �ermit to ,you for i �tallation o ele�trical heatin�; units for sn�w melting pur��s in the pub c sid�walk ��but�in�* your church t�uil�in� a�t 5�a Ha1 ve. In acc�rd '�� h Par��r� � �f the r�solution, we enci.ose a bill the sum of �37.R0 to cover the cost of �ublication of this esalution. Ver,y tru7.y yours, ��'h�y Clerk ng