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214508ORIGINAL TO CITY f'• —ERK PRESENTED BY COMMISSIONER S CITY OF ST. PAUL OFFICE OF THE CITY CLERK COUNCIL RESOLUTION - GENERAL FORM F FILE NO. NO. 21.4508 RESOLVED, that the proper City officers are hereby authorized to execute on hehalf on the City of Saint Paul a Permit Agreement be- tween said City and Northern Pacific Railway Company which Permit I I Agreement is in the form of a letter dated July 29, 1963, referring to Northern Pacific Railroad Company Permit No. 93523, a copy of said Agreement being attached hereto and designated Exhibit "B" and incorporated herein by reference as fully•and completely as if the Agreement were set out herein verbatim. COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson,.,, Rvsea- Mr. President, J QOM , 6-82 r rn -t • r —4. '�•`�• .�.. is � {•! • � t I • In Favor Against Council File No. 214508 — By Milton Rosen—' Resolved, That the • proper City - officers are hereby authorized to ex- ecute on behalf of the City of Saint Paul a Permit Agreement between said City and Northern Pacific Railway Company ,holch Permit Agreement is ri r in the form of a letter dated July 29, 1963, referring to Northern Pacific! Railroad Company Permit No. 93523, a' copy of said Agreement being attached hereto and designaereited Exhibit "B" and incorporated hn by reference as! fully and completely as if the Agree- ment were set out herein verbatim Adopted by the Co"cil August 29, x963. Approved August 29, 1963. (August 31, 1963) ;'13 C' 29'9 Adopted by the Council 19— 7a fy' 1•�'T;y�. 1 .y Q Permit lb. 93523 Page 2 a. Assume all liability for and indemnify and save harmless the Railway Company (and any other railroad company or companies using its track with its consent), from and against and at its expense defend the Railway Company (and such other railroad company or companies) from and against, any and all claim, suits, lose, cost, damage or expense on account of injuries to or death of any and all persona whomsoever, including the contractor, subcontractor, employees of the contractor, employees of the subcontractors and employees of•the parties hereto (and of such other railroad company or companies), and on account of any and all damage to property to whomsoever belonging, including property owned by, rented to, or in the care, custody and control of the pantie$ hereto, arising or growing out of, or in any spanner connected with the work performed by the contractor under said contract, (whether said injuries or death or damage to property results d!ras test borings on property of the Railway Company or from teat borings upon nearby property) for which injury, death or property damage the Railway Company (or such other railroad company or companies) my be, or be alleged to be, liable, regardless of whether or not the oontractor, subcontraotor, or any other person, firm or corporation may be, or be alleged to be in whole or in part liable for such injury, death or property damage. b. 'Procure and furnish to the Railway Company the insurance policy or in lien thereof a certified copy of said policy as provided for in Paragraph "o" hereof, together with an endorsement attached thereto, tome under Oe tes of which the insurance company aasumea the liability of the contractor hereunder. o. Carry regular Contractor$a Public ?{lability Insurance providing for a limit of not less than Two Hundred Fifty Thousand Dollars ($2502000) for all damages arising out of the bodily injuries to or death of one person, and subject to that limit, for each person, a total limit of Five Hundred Thousand Dollars ($500,000) for all damagea arising out of bodily injuries to or death of two or more persons %n any one accident, and regular Contractorla Property Damage Liability Insurance providi for a limit of not less than Two Ehudred Fifty Thousand Doll re 250,000) for all damages to or destruction of property in any one accident and subject to that limit, a total (or aggregate) limit of Five Hundred Thousand Dollars ($500,000) for all damages to or destruction of property during the policy period. All such policies and endorsements thereto shall be executed by a oorporation - qualified to write the same in the state in which the work is to be performed, shall be approved by the Rail- way Company as to the insurance company writing sane, the mount, -2- C � -w-cum C011,rr[ Y1., wr. n,[•. Y McMlA \ • x�• v'i_ ' ; -. — _ _ - .- 1 rAms i e �hr,N A M;N1ANA C W..Ak" W FLo' - kL- rAwti ` r- WA a Kno., - - - - :.. ,., :,4.1,x. r .l � ral0'A'trW IM[ • � ff.rA.O PROPERTIES AND INDUSTRIAL DEVELOPMENT DEPARTMENT M. H. NIXON, F. C. SEMPF, A. J. TETZNER, western Manager, Industrial Development Manager, Industrial Development Eastern Supervisor, Industrial Properties Seattle 4, Nash. St. Paul, 1, Minn St. Paul I, Minn. X b i AL " Li , July 29, 1963 Permit No, 93523 City of St. Paul De rtme nt of Public Works 2311 City Hall St. Paul, Minnesota ATTENTlDNs YAr. Roy E. Grieder Bridge Engineer Dear Sir: The City of St. Paul is hereby permitted to enter upon that portion ' of the Northern Pacific Railway Company's property in Lot 14, Block 1, Warren and Winslow's Addition tq St. Paul for the purpose of making a test boring designated as boring 1 ik; which is in the location shown colored RED on the print hereto attached marked Exhibit "A ", dated July 9, 1963 and made a part hereof'in connection With the City'�e proposed construction of the Aroh- Pennsylvania highway. r 'yfi fi xw: k S All equipment used in the performance of the Work hereunder shall be kept a minimm distance of 20 feet from the center line of any railroad track located on or adjacent to said. property. All hobs or depressions made in said premises as a result of such testing shall be filled and leveled to the satisfaction of the Rai2w ay Company's Division Superintendent located at Minneapolis, ILnnesota. All test borings shall be made subject to whatever flagging protection nay be prescribed by said Division Superintendent of the Railway Company. A11 costs of providing such flagging protection shall be paid by the City upon presentation of tills therefor by the Railway Company. The City agrees that any contract which it shall let for the soil test borings on the property of the Railway Company hereinabove described shall provide that the contractor ahallr -1- Route of the IW4 -Dwwc NORTH COAST LIMITED IUlk 9 Permit No. 93523 Page 3 form and substance thereof, and shall be delivered to the Railway Company prior to the entry upon or use of the Railway Company's property by the insured. The City agrees that all soil tests will be made in such a manner so as not to interfere with or damage ��b� said bit "A" Railway Company's tunnels shown outlined by and the City or its contractor will be responsible for any damage done to the Railway Company's tunnels in connection with the soil test borings. Five days' advance notice of entry on the Railway Company's property for the making of test borings hereunder shall be given by -the City to said Division Superintendent. The City agrees to furnish to the Railway Company the location and a log of the boring made on the Railway Company's property hereunder. If the above terms and Conditions are satisfactory, please arrange for the accept a thereof on behalf of the City by procuring the siPatares of the Mayor an�D City Clerk on the duplicate Copy of this letter in the space provided and return to me. Very truly yours, Hager, ustrial Dove n In presence of: Accepteds CITY OF ST. PAUL, NINNESOU Form Approved Ass't. Corporation Cotmse]. Approved as to form and e-e ^utL­n this day nf Corlx)rat1on CL ua er! By Mayor Commissi(mer of Public Works "t t;y C'_erk "aunt erstgneLl this day of _3_ ,; �, Com . m row er , 1.9 C ?