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230627ORIGINAL TO CITY CLERK 2- CITY OF ST. PAUL COUNCIL NO. FILE OFFICE OF THE CITY CLERK " CO NCI UTION- GENERAL FORM PRESENTED BY COMMISSIONS DATE WHEREAS, the Council of the City of Saint Paul, by -Council File No. 208378, adopted and approved July 31, 1962, granted permission to the Housing and Redevelopment Authority of the City of Saint Paul to place certain fill slopes inside the property line of Livingston Street in connection with the con - -struction of the west side duplexes of Low Rent Housing Proid.ect Minn. 1 -7 on condition that said Housing and Redevelopment -Authority file with the City a performance bond in the amount of $10,000; and WHEREAS,. the premium on said bond carries an unusually .high premium of $100 per year; and 'WHEREAS, said Housing and Redevelopment Authority has requested that a covenant of faithful performance be executed and filed with -the City in lieu of said performance bond, now, there- fore, be it 'RESOLVED, That said Housing and Redevelopment Authority Is hereby authorized to file said covenant of faithful performance, copy of which is attached hereto and made a part of this Resolution, 'in lieu of said performance bond. FORM APPROYED�, Asst. Corporation Counsel OCT 2 51966 COUNCILMEN Adopted by the Council 19— Yeas Nays OCT 2 51966 Carlson Dalglish prove 19— Holland In Favor M 9, 4(�A eredith ! 40K LAX Idd cl, eve4 r %WF OE Peterson 1� Mayor Tedesco Against Mr. President, Byrne PUBLISHED OCT 2 9 1966 X22 COVENANT OF FULL AND FAITHFUL PERFORMANCE THIS AGREEMENT by and between HOUSING_ AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL,MINNESOTA, a_public body - corporate and politic, organized and existing under the laws of the State of Minnesota, hereinafter referred to as the "Authority" and the CITY OF SAINT PAUL, MINNESOTA, a municipal corporation, organized and - existing under the laws of the State of Minnesota, hereinafter referred to as the. !'City "; WITNESSETH: WHEREAS, upon application of the Authority, the City, by its Resolution Council File No. 208378, adopted and approved on July 31, 1962, did grant a permit under the . Authority to place certain fill slopes inside the property line of Livingston Street in connection with certain projects being constructed by said Authority on adjacent- land, the description of said property within shich construction of slopes was auth- orized, being as follows :,' . The Easterly Ten (10) feet of Livingston Avenue abutting Lot One (1), Block One Hundred Fifty -three (153),and Lots Four,(4) -and Five (5), Block One Hundred Fifty -one (151), • West Saint Paul Proper. A strip of land ten (10) feet in width and fifty (50) Ieet North of Curtice Street on the West property line of Livingston Avenue and a strip of land ten (10) feet in width and sixty (60) feet in length South and abutting the West property line.of Curtice Street; and WHEREAS, as a condition to the grant of the aforesaid permit the City required the Authority to, and the Authority did, file with the Clerk of said City a Perform- ance Bond in the amount of Ten Thousand Dollars ($10,000.00), which bond was conditioned upon the Authority's full and faithful performance of the obligations and conditions set forth in Resolution Council File-No. 208378 as conditions of the grant -of permit; and WHEREAS, the parties are now willing to substitute in lieu of the performance bond a covenant of the Authority of full and faithful performance of the conditions -1- T � set forth in Resolution Council File No. 208378. NOW THEREFORE the said Authority in consideration of the premises does hereby covenant and agree with and to the City of Saint Paul, Minnesota to fully and faithfully perform all the obligations and conditions set forth in Resolution Council File No. 208378 adopted and approved July 31, 1962 by the Council of the City in which covenant is given in lieu of the performance bond, Bond 400 AM 0194 issued by the St. Paul Fire and Marine Insurance Company under date of August-31, 1962, - and for the purposes and with the limits in the Ordinances of the City of Saint Paul, Minnesota made and provided for. Dated this -10-6k day of October, 1966. (SEAL) in Presence of: STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF.SAINT PAUL,MINNESOTA By Its - Chairman Its Vice Chairman On this 20th day of October, 1966, before me appeared Eugene R. Lambert and Harry P. Strong to me personally known, who, being each by me duly sworn, did say that they are each respectively the Chairman and the Vice Chairman of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota, the corporation named in the foregoing instrument,, and that the seal affixed to said instrument is the corporate seal of said corporation and the said instrument was signed and sealed in behalf of said corporation by authority of its board ` of = coum issi oners - and said Eugene-R! 1; m r.t ' " and Harry P. Strong acknowledged said insturment to be the free act and deed of said corporation. James /•! Hart, Notary Public Rams y County, Minnesota My Commission expires Dec. 9, 1972 FORM APP���'L tporati ic on Counsel -2-