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220102ORIGIH4rTO! CITY CLERK) r AAA CITY OF ST. PAUL COUNCIL NO O ICE OF THE CITY CLERK COUN I RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER WHEREAS, the pertaining to a local of the sidewalk on the and Tenth Streets; and City of Saint Paul has improvement consisting east side of Minnesot a ��0� �2 passed an Order of the reconstruction Street between Ninth WHEREAS,the Ninth Street Corporation, a Minnesota corpora- tion, acting through Mr. Martin Capp, Presideat of said Corporation, has requested of the Public Works Department that reconstruction of the walk be deferred pending a determination of said corpora- tion as to what type of structure it intends to erect on its property abutting the east side of Minnesota Street between Ninth and Tenth Streets, said walk to be reconstructed in conjunction with the erection of a structure on said propaty; and WHEREAS the Department of Public Works has indicated its willingness to recommend to the Council deferring the reconstruction of said walk until a more propitious time if certain conditions are fulfilled by the Ni, -reed Corporation in the interim; now, therefore, be it RESOLVED, That the Council of the City of Saint Paul Lhe by authorizes the Commissioner of Public Works to defer nstruction of the aforementioned sidewalk until such time he Ninth Street Corporation is prepared to proceed with truction of a building or structure on the aforementioned ises, sub.jeet`to the following terms, conditions and provisions: U 0 0 1. The Ninth Street Corporation shall agree to indemnify and hold harmless the City of Saint Paul against all expense and CL CL Q liability on account of all claims, suits and judgments arising out of or connected with personal injury or property damage 0 occurring on the sidewalk on the east side of Minnesota Street between Ninth and Tenth Streets, from the time of passage of this Resolution to the time of reconstruction of said sidewalk. LL 2. The Ninth Street Corporation shall forthwith furnish and deliver to the City of Saint Paul a surety bond in the penal a� a2 OR161NQi1'" CITY CLERK 4 CITY OF ST. PAUL COUNCIL - OFFICE OF THE CITY CLERK FIDE NO COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE Page 2. sum of Two Thousand Dollars ($29000) made and executed by said Ninth Street Corporation as principal and a corporate surety company duly authorized to transact business in the State of Minnesota as surety, to and in favor of the City of Saint Paul as obligee, conditioned that said Ninth Street Corporation shall indemnify and hold harmless the City of Saint Paul against all expense and liability.on account of all claims, suits and judgments arising out of or connected with personal injury or property damage,oceurring on said sidewalk. 3. That in addition to the foregoing requirements, the Ninth Street Corporation shall submit to the City of Saint Paul a comprehensive protective public liability insurance policy, satisfactory to the Corporation Counsel of said City, naming the City as an insured or as a co- insured with the Ninth Street Corporation, which shall protect the City against public liability for personal injuries or damages to property occurring on said sidewalk, the minimum amounts of such public liability insurance to be as follows: Two Hundred Thousand Dollars ($200,000) for injury to or death of one person and $5009000 for personal injuries in any one accident, and One 1Uinct*,;., 01000),fbr.prdpb damage in any one accident. In addition thereto, such policy shall provide, as to the Ninth;Z, ;reet Corporation, that it shall cover contractual liabili =ty contemplated by the requirements set forth in this Resolution. 4. The commitment by the City to defer reconstruction of said walk shall be a revop.able commitment on the part of the City and may be revoked by the Council of the City of Saint Paul by resolution at any time the Council determines that the- best interests of the City warrant such revocation. 5. Finally, a duly authorized officer of said Ninth Street Corporation shall; within fifteen (15) days after the passage and publication of this Resolution, submit to the City Clerk a letter COUNCILMEN Yeas Nays Dalglish Holland Loss Meredith Peterson Rosen Mr. President, Vavoulis 10M "2 Tn Favor Against Adopted by the Council 19— Approved 19— Mayor Sept. 1964.. ' Mr. Martin Capp. President. - - Ninth Street Corporation, 114) X. DupoDt St.. Minneapolis, Minn. Gentlemen: ,. ' Enclosed is "g resolu on or Saint Paul City Council- C. I. 2 ?0102 authorizing ions f Public Works to defer sidewalk construction on east of sota Street between _ = Ninth and Tenth Streets We call yo spec al attention to the conditions set out in t resolution equiring the filing of a bond ` and insurance, and also filing - an acceptance of this re$olution : within 15 days after the sage a ublication of the resolution.- Very truly yours. -- A6/hp City Clerk i ORIGIN TO CITY CLERK . CITY OF ST. PAUL COUNCIL 02 O_ M^0-1 OFFICE OF THE CITY CLERK r COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONED DATE Page 3. from said Ninth Street Corporation agreeing to abide by and be bound by the'terms, provisions and conditions set forth in this Resolution. i COUNCILMEN Adopted by the Council SEP 2 3 1 19- Yeas Nays Dalglish J SEP 23 Holland Approved 19- C Loss Favor Meredith Peterson (, Mayor � gainst. , Rosen, Mr. President, Vavoulis ions aas f NINTH STREET CORPORATION 7143 Dupont Avenue North Minneapolis, Minnesota 5541 October 5, 1964 Mr. Robert, B. Gerber, Jr., City Clerk City of Saint Paul 386 City Hall St. Paul, Minnesota, 55102 Dear Mr. Gerber: Re: Your Resolution C. F. 220102 We hereby accept the provisions of your resolution, to defer sidewalk construction on the east side of Minnesota Street between Ninth and Tenth Streets. Enclosed please find the necessary Bond and Certificate of Insurance. Very truly yours, S T CORPORATION MZ:EP M. ama Enc. e ORIGINAL TO PAYOR RECEIVED OF 9�- r CITY OF SAINT PAUL OFFICE OF THE COMPTROLLER RECEIPT N° 1853 L a o- CITY COMPTROLLLjE}RnA �% wo a -ea 22 BY /E�J,% /""I- ""-' " 100