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241615 � ORI6INAL TO CITY CLHRK � • CITY OF ST. PAUL COUNCIL 2��-- �5 � J F��E NO. OFFICE OF THE CITY CLERK CO CI RESOLUT N GENERAL FORM PRESENTED BY COMMISSIONE DATF WHEREAS, The Northern Pacific Railroad Company has indicated to the Department of Public Works of the City of Saint Paul that said company is desirous of installing or having installed a new sidewalk with an underlying electrical heating unit for snow melting purposes, said walk to abut the Fifth Street side of their general office building; now, therefore, be it RESOLVED, That pursuant to the provisions of Sections 207 and 208 of the Legislative Gode of th,� Gity of Saint Paul, the Gommissioner of Public Works is authorized to issue to said Company or to a licensed and bonded sidewalk contractor acting as agent for said company a permit to recon.struct the sidewalk abutting the Northern Pacific Railroad Company' s general office building on Fifth Street in the City of Saint Paul and to incorporate in said reconstruction of the sidewalk an electrical heating unit for snow removal purposes; be it FUR,THER RESOLVED, That such permit and the permission hereby granted for such installation shall be subject to the following terms, provisions and conditions: 1. That said perm�tee, Northern Pacific Railroad Company, shall forthwith furnish and deliver to the Gity of Saint Paul a surety bond in the penal sum of �1,000 made and executed by said permittee as principal and a corporate surety company duly authorized to transact busi.- ness in the State of Minnesota, as surety, to and in favor of the City of Saint Paul as obligee, conditioned that said permittee shall indemnify and hold harmless said City of Saint Paul against all expense and liability on account of all claims, suits and judgments arising out of or connected with the construction, erection, maintenance and�or operation by said permittee FOR APPROVE COUNCILMEN Adopted by the Councii 19— Yeas Nays . Corporati Carlson Dalgliah Approved 19—_ Meredith Tn Favor Peterson Sprafka Mayor Tedesco A gainst Mr. President, Byrne O , . . ��J Page 2. � and�or any successor in interest of the afore- mentioned subsidewalk electrical heating unit , which surety bond shall be in such form as shall be approved by the Corporation Counsel and shall have such surety as shall be approved by the Commissioner of Finance. 2. That said permittee shall , at its own cost and expense, and in accordance with all applicable ordinances of the City of Saint Paul and statutes of the State of Minnesota, construct , erect, maintain. an.d operate said sidewalk installation. 3. That said sidewalk construction and installation shall be in conformance with plans heretofore submitted by said permittee to the Departmen.t of Public Works and shall be subject to approval of the Chief Engineer of the City of Saint Paul. 4. That said permittee and its successors and assigns shall fully indemnify the City of Saint Paul 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, maintenance, operation and�or removal of said sidewalk and said electrical heatin.g unit installation. 5. That supplemental to all other obliga- tions on its part, said permittee and its successors and assigns shall furnish and maintain and pay all premiums and other expen.se for public liability insurance coverage by an insurance company duly licenses 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 � 2�?��5 OR161N7►L TO CITY CL6RK r ,_ • ' CITY OF ST. PAUL fOENCIL N�,. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY • COMMISSIONER DATF Page 3. 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 Gity of Saint Paul against liability on account of all claims of third persons for injury to person and�or property arisng from or eon.nected with the construction, erection, operation, maintenance and�or removal of said sidewalk and underl•yi�g eleetrical heating unit, and shall furnish competent evidence of said coverage from time to time to the Comptroller of the Gity of Saint Paul. 6. That said permittee shall, within the period of 15 days next afterthe effective date of this resolution, file with the Gity Clerk its written acceptance of the terms, provisions and conditions of th�.:� `resolution and its . __.. agreement to be bo�.n.d by said terms, provisions and conditions thereof, without limitation, which written instrument of acceptance and agreement shall be in form approved by the Corporation Gounsel. JAN 7 1969 COUNCILMEN Adopted by the Council 19— Yeas Nays �Jr�;� � ��69 Carison Dalglish pprovec� 19—_ ��'? Meredith Tn Favor Peterson Sprafka � Mayor Tedesco A gainst Mr. Preaident, Byrne PUBLISHE� JqN 11 196�� O � � / � �� " ' • NORTHERN PACIFIC RAILWAY COMPANY EXECUTIVE DEPARTMENT ST. PAUL, MINNESOTA 55101 C. R.BIN6ER Januar 1 1969 �ee Presiden+, Resourees and Development y 7� Honorable 1'�Iayor Thomas R. �3yrne and Members of the Council of the City of Saint Paul Gentlemen: The Northern Pacific Railway Company does here- by agree to accept and abide by all of the terms , provisions and conditions contained in the Permit Reso- lution, Saint Paul City Council Resolution No. 241615 , approved January 7 , 1969 . Further, the i�forthern Pacific Railway Company , for itself, successors and assigns , agrees to fully in- demnify , hold harmless and defend the City of Saint Paul against any and all liability on account of any claims , causes of action, suits and judgments on account of in�ury to person and/or property , arising from or con- nected with the construction, erection, operation, maintenance and/or removal of said sidewalk and under- lying electrical heating un•it . i�tORTHERIv PACIFIC RAILWAY COMPANY Witnesses : � / ` �y '� � ,�L� 4-' �/ �' Vice Presid t � f�.._ _,r� �- / 'ATTEST: 1 . � � � � Secretary Subsc�ibed a d sworn to before me this 17th:'day o ; January 1g6g . � C o� CHARD J. WOULFE ' �.U�M � s�� , Notary ublic , amsey C unty , Minn. rat� My commission e�Cpires r. 30 , 1970. ��,, ��V`'� J �. � NORTHERN PACIFIC RAILWAY COMPANY LAW DEPARTMENT 7018 NORTHERN PACIFIC BLDG ST. PAUL. MINN. 55101 EARL F. REQUA H.K.BRADFORD,JR. Senior�ce President January 17 , 19 6 9 Assistanf Generel Solieitor FRANK S.FARRELL LOUIS A.HARRIS wee President and Generel Counsel Commeree Counsel H.B.KRENGEL PAUL P.SENIO General Solieitor Tax Counsel REGINALD AMES BARRY McGRATH Assis+an+General Counsel Attorney JAMES A.ANDERSON Afforney �l`..... Sub�ect : City of Saint Paul Council ,R�esolution No. 241615 . / Mr. Harry E. Marshall City Clerk City of Saint Paul f'� 386 City Hall St . Paul, Minnesota 55102 Dear Mr. Marshall : Please refer to your letter dated January 7th, addressed to the Northern Pacific Railway Company , with which you enclosed resolution of the City Council, C .F . 241615 , adopted at its January 7 , 1969 meeting. Pursuant to Paragraph 6 of said resolution, I am herewith enclosing for filing with you written acceptance of the terms , provisions and conditions of said resolution and agreement to be bound by the terms and conditions thereof. The said letter of acceptance also constitutes an indemnity agreement on behalf of the Railway Company protecting the City of Saint Paul from and against any and all causes of action, claims , suits , etc . arising out of the construction, etc , per- mitted by said resolution. There is also enclosed herewith , pursuant to Paragraph 1 of said resolution, a surety bond in the penal sum of $1,000 . No insurance policy is being furnished, pur- suant to Paragraph 5 of the resolution, since under- standing has been reached with Mr . Jerome Segal of the Corpora�ion Counsel's office waiving the insurance , . . ., Mr. Harry E. Marshall - 2 - January 17, 196g requirements . Mr. Segal advises that an amending resolu- tion will be adopted by the City Council eliminating Paragraph 5 from Council File No. 241615, copy of which amending resolution I assume you will furnish to the Northern Pacific Railway Company in due course. Yours very truly , � - �� `� �� K:c Enclosures cc : Mr. Jerome Segal Enclosure January 7� lc�� Norttzern PaciPic Railroad Co. � 17b E. Fffth St. � ! � ! St. Paul, Minn. �---�----__--� ; `=�---.,...____ \ �� G�btlemez�: �---�� ,�� • /f,,�'`��\ '✓ � . Encicsed is e res�lutior� oP th " Janvs.ry 7� 1969, authorizin� a��t ��.�' �'�' ��1��5 ddo�tea. the sidewalk abuttS.n ,�'� he re;�onstruction of g y°u�' Gener�,]-\�ft�{�'e Bui lding �n Fifth St. and incorporatin� in said rec�nstructi l� snow removal P�pos e�.,,�'"�`�"'�.� � electri�al heatin g u n i t Por i ' `� `� We call y�ux attenti� �to the sp �al condition� ot" the resol_ution requirin� the Pi1in �p a bond a d insuranc � � 2. Tn'e aaz�, y�ur special �, ention Candition No. 6 which requires the filin�, witY�ii� d� ,�`�� -----� Y �`��?�' �'�,�ten acceptance of the terms, pro_ visions arSi�%onditions of �th�� r��lution. ;�: ;( �` i�`i `; �� P � Ver3r trul.y yours, � ! ! \ /` � \ `,��_- / -�_.----" AO/ng C.�.t�r C1.er� ORIGINAL CITY OF SAINT PAU4 TO PAYOR , � OFFICE OF THE COMPTROLLER R E C E 1 P T N° . 2643 -�� . o��l �q b� RECEIVED OF �� C��-��--� $ 1O° , ('� 1- � ��i�"r--lti� �0.�� \1�� \�� '- �LS,i'v�� . .SZ��I�C�, 'il�n�i_!�i 'h�� . ) Vv�� .��v�v.� O_�U�U'n 3 �SZ_ �`��- .�'� . .�� ?. �1�,^+�,�C't� �;��, CITY CO PTROLLER ��.: � . C � �yi l�i� � . �O ' BY � . �r_�n,�v�,