215713ORIGINAL TO CITY CLERK, •• / - ` 7— `, 3 • 1
" CITY OF ST. PAII "LISxED COUNCIL /M
FICE OF THE CITY CLERK FILE NO. _
M1
Y COU LRESOLUTION— GENERAL FORM . F "�oIIea' z157I3 --By Milton
30 pany'a
(o. .icr Ar in view of the need
PRESENTED BY r .,.;.0•. dent of Public Works to
COMMISSIONER DATE r a xm�..t the Northern Pacific
o'M - Company storage space for
T:mFem and Asphalt planks,
,ef the .+ ..?,ir.fl� �r �,.
RESOLVED, that in view of the need of the Department of
Public Works to acquire from the Northern Pacific Railway Company
storage space for Creosoted Timbers and Asphalt planks, and in view
of the damands, in accordance with general operating restrictions
of said Railway Company, that a formal Permit for Storage shall be
issued, and proper City officials may be and hereby are directed
to authorize.and execute that particular document known as Permit
for Storage No. 4164, a copy of which is attached hereto and made
a part hereof, by reference; and
RESOLVED FURTHER, that in accordance with conditions of said
Permit for Storage and in view of the nominal price in consideration
of One Dollar ($1.00), authority hereby is given to the Department
of Public Works, Bureau of Bridges, in conjunction with and subject
to the approval of the Purchasing Agent of said City, to acquire
required Public Liability and Property Damage Insurance with limits
of not less than $250,000for bodily injuries and /or death resulting
therefrom to any one person and subject to such limits, of not less
than $500,000in any one accident, and with limits of not less than
$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 $500,000 for all damages to or destruction of property during the
policy period, the reason for said liability insurance being dictated
not only by the demands of said permit as aforesaid but because of
the loss of governmental immunity, pursuant to the enactment by the
Legislature of the State of Minnesota, 1963 Session, it being the
understanding of the Council that said policy of insurance shall not
be written for a policy period of more than one year and shall include
that liability endorsement attached to said permit for Storage No. 4164,
subject to the obtaining by the City of Saint Paul of public liability
insurance in amounts as set forth in the appropriate statutes of the
1963 Legislature, in which event said general policy or policies
of insurance shall apply herein as opposed to the policy limits and
conditions ash forth in permit as faeferred to herein.
Asst. IcOrporallo� DEC
COUNCILMEN Adopted by the Council 19—
Yeas Nays
Dalglish
Holland
Loss
Mortinson
Peterson
Rosen
Mr. President, Vavoulis
10M 6-62
'' y
Ir
DEG 1963
19—
QC
Mayor
•h
apIZr LICATE TO PRINTER . • • 01 �
• CITY OF ST. PAUL COUNCIL NO. ��.,1 +VVV
OFFICE OF THE CITY CLERK
COUNCIL RESOLUTION — GENERAL FORM
PRESENTED BY
COMMISSIONER DATE
RESOLVED, that in view of the need of the Department of
Public Works to acquire from the Northern Pacific Railway Company
storage space for Creosoted Timbers and Asphalt planks, and in view
of the damands, in accordance with general operating restrictions
of said Railway Company, that a formal Permit for Storage shall be
issued, and proper City officials may be and hereby are directed
to authorize -,and execute that particular document known as Permit
for Storage No. 4164j a copy of which is attached hereto and made
a part hereof, by reference; and
RESOLVED FURTIM, that in accordance with conditions of said
Permit for Storage and in view of the nominal price in consideration
of One Dollar ($1.00), authority hereby is given to the Department
of Public Works, Bureau of Bridges, in conjunction with and subject
to the approval of the Purchasing Agent of said City, to acquire
required Public Liability and Property Damage Insurance with limits
of not leas than $250,00 for bodily injuries and /or death resulting
therefrom to any one person and subject to such limits, of, not less
than $500,000 in any one accident, and with limits of not less than
$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 $500,OOC.for all damages to or destruction of property during the
policy period, the reason for said liability insurance being dictated
not only by the demands of said permit as aforesaid but because of
the loss of governmental immunity, pursuant to the enactment by the
Legislature of the State of Minnesota, 1963 Session, it being the
understanding of the Council that said policy of insurance shall not
be written for a policy period of more than one year and shall include
that liability endorsement attached to said L"ermit for Storage No. 4164,
subject to the obtaining by the City of Saint Paul of public liability
insurance in amounts as set forth in the appropriate statutes of the
1963 Legislature, in which event said general policy or policies
of insurance shall apply herein as opposed to the policy limits and
conditions as set forth in permit as feferred to herein.
1) tG D 10
COUNCILMEN Adopted by the Council 19—
Yeas Nays DE��~
Dalglish
Holland Approved 19—
Loss Tn Favor
Mortinson
Peterson Q Mayor
Rosen Against
Mr. President, Vavoulis
lOT1 6-62
-' /w. .f. �r.S'R- YV.Yl sw�w«'a �'. il:ilti.,v' •.y.Cty- 4'.ililir.ari�r•/w- --.r •e •..•�+. un �c .ir4h•la� . -.. �r. -. r.....• � _. _ ._ - _ •-j
Al,
• Y c ' a 1
IJC T PWIFIC RLI' AY GC al.,• hereinaf -tar l.@d �RailVW ia� aoASic1 `
of one. dollar (Ja.00) .and the pceesmaatar hex�mird oantainscl to be perPo !,
SIDI 3 ,-. .�: , lsinnesota, hereinafter_ ca7lai Qrantee, hrret�r Qranrs per�esion.-
to said 0ras, solel,7 for hie acaoasfodatioa, to occupy 'ts?�'�iiri►o Pressii�s .ot
said Raihva� ' at '�.' Pawl Btation,, -State of Kims+6ota,, tmder" t�h_a direction. of
the. gtatiaa•Ageat'at said station; for the purpose of storing thereon, Crooaoted Tuba's
and Lspbalt plaisks� approximately 70' vest of Section tool hoase �ind-opQoiite.ata.(a4+00 `
of the soathwly -track of the Banker Hill sp!a, belonging -- to Gr&nt"
This permit is granted on the following terms and canditionsi i- t
1. Bald occvpanap� of Railway Coiapag7t s prods-es small oontisw fe - a period 6f
90 days free the date hereof; however, the liabi] ity hireiaaf'ter_ asausacd by Grantee
aha11 contimro torso long as Grantee's property remains on the promises of Railver -
Conpaay. �.c
for the safes of said
2s - l�ailvwy - Coo<pany shall not be in aw manner respons i
property uhne the same is stored on its premises and
camas not be for any lass
of or dasagc to the sans uh l e so stored, from any
3. (a) It is understood by both parties that said property will be in dangerous
proximity to ' ba track# of Railwy Compangy and will be in danger of in jar _ or - lcatruo-
tion by fire or other causes incident to the operation# aaiatemaaoeI or improvemsat of
railway; railt; and Grantee accepts this permit, subject to such dam Was It is therefore
agreed, as ogre of the material considerations of this permit without which the 9=0
voukd not- be granted, that rrantee asauanes all risk of loes, desaaga, or destruction to
said stored upon the rift of May by Grantee, vitbout regard to whether suck
property
loss be occasioned by fire or sparks from-lbcomotive cngiica or other oaaasls incident
to or arising from the movement of l000motiveo, trains or sera, misplaced mdtehes or
in any respect freaa the operation, maintenance, or imprevemsat of the railvey, or to
whether such loss or damago be the result of negligeaoe or misoonduct of any i
person in
the employ or service of Railway Company, or of defective appliances, sag
eery. And Grantee cull save and hold inarmless RailvvV ocupany from, all such damage,
claims, and - losses including claims and causes of notion asserted against Railway comp -
any by any Insurer of said property. -
(b) Grantee hereby rclwes, iademaitics, and saves harmless the Railway Camp- -
any and azq other person or oo�pporation 000ampyiag its premises with detu s, actions
successors and assigns, from and against env los�u� l_ �'reault from any mar -
causes of utioa, costa, and expenses a7 but not limited to, 40101070"t jury to or death of any person vhossoo -wt inolvdisg �
officers, and agents of the parties hereto, or fraa loses not damage to property o
any kind or nature to mbonsoever belonging, includingy ties hereto whenpapro arty ,
owned by or in the care, custody, and control of the par ,
death, loss, or damage is caused or oontributed to by or arises from the storage of
said materials upon Railway 00spany'a premises, or from the placing upon and removal
of said materials from Railway Company's premises by Grantee or at the direction of
Grantee. The Grantee shall procure and tUMUh to the Railway 008POW an insurance
policy (together with an endorsement attached kereto under the teams of which the is-
suranoe oompamY assures the liability of the Grantee) eovering tnblis Liability and
Property Damage insurance with limits of not less than x'50,000 for bodily injuries -
and/or death resulting therefrom, to any one person and subjeet to suck limits,, or not
lose than #5000000 in ospr one a4o3dent, and vith limits of cwt less than 5250,00 foal
alo:�_a_Tor es to or destrueticd of prppa�rty in any on* aeeident and subj'cat to that limit,
aggregate) limit of X500 ,,000 for all damages to or destruction of property
during the policy period, or to retain material
4, (a Grpatee shall not place or permit to be plaecd, of the greater Bane or
structure, pole, or other obstruction vithin $.5 feet laterally
within 23 feet verties.11 from the top of +Ihe rails, of ayr railroad traek, if amy is
located upon or ad jaocnt 'to the premises of Railvsy Caaapany upon which said materials
are stored.
(b) Grantee hereby indemnifies and saws harmless Railway C mpany from all
loss, damages, pIRM7.tiss, costs, or judgponts that may be assessed against or resovered
from it on accomt of or in may manner proving out of a violation of the prorisiaons of
f
this paragraph 40 pr are for the
S. It is agrood that the provisions of the tbree 6c ping paragraphs
as hereat'for'
equal proteG M of may ot� railroad compoW oo�niM
granted the joist lase of Railway CompeWts properly at said station.
6. Grantoo shall at &U time prep said pe'esdoMs the vas of vkich is barely granted,
in a clean and "uitary oonditioa.
vI_
Iz:.
.` a:.'r "! """.':T"""�.+w: +�...v .. .r.:rfr: -.,u- •r•vr v- �•.s,. .-. :....n 4•+-- -v.c w�...... � ..�..v. .... ... �- ... ..... - .. ._ .. - - j
t
MP
p Rd7l iA inri ,mere &r ea(3.ad Rai1v4 Cam', in consida a�t6
MUM Pd�IFIC , ,' . `
of one. dollar (J.00} '&nd the W'6e�ats _ hermiu oontained be Pa'�0 � ;
r- Priil.. xtn s9ta, hersinaftoor call.aaii Grantee, here* gr&Uts pernission.-�
ra�r the premises of -
to said'- tom, solely
for -bits atecoaiodation; to occupy tempo .
sit St: ', Paaal Station$ state of Kinnesota, imder' the direction . apt
aaid _Ra.i].vsy �p!�Y- se of storms therm. Creosoted Tiaboss
the Statiaaz'A�est at said statioai for the p siie Sta.b4,W
and /isphatt yp�i approz3aately 701 vest of Section tool baase Sind -oPPc
of the southerly .
track of the Harsker Hill spy,: to_
�ap1f'�'
terms and
This posit is granted on the following copditions: ;
of Railway Coapanyts premisia *gall contiaao te1' a period of
1. -8aid occspancy .-
qp days from the date .bereof; hoveTer, the liabil.it�y hireiaat't4w Yiaei�i by G� 4
al all continue for so long as Granteeis ptioperty remains on the pc =
Conpesy6 file for the safes of said
2. Rai].m Company siaall not be in any maaaaer respotM
property while the same is stored on its premisee' and shall not be liable for any loss
of or daieage to the sane while so stored, from any cause what"H"W •
3. (a) It is =dsrstood by both parties that said property will be iu dangerous
and will be in danger of injury_or•41estruoa-
proximity to the tracks of Railway Company ation adaf eaae�, or isproTem mt of
tion by fire or other causes incident to the osuub oct to such da# gears. It is therefore
the ra.11w; and Grantee aocepts this permit '
agreed, as one of the material considerations of this permit without which the same
wonid mot be canted, that 'Grant" assures all risk of loss, dmW, or destruction to
stored upon the rift of wq by Grantee, without regard to whether sued
said property or other oanasls insi,dent
loss be 000ssioned by fire or sparks froa-Ziooa°ttriven e' �p�0d evitchw or
to or arising from the $torment of locomotives, or iajseTr•ea�t of the railvaJ, or to
a maintenaaae,
in any respect from the open boas person in
whether such loss or damage be the rssult of aegliseaoe or miaeonduct of i�s or mackit
the employ or servise of Railway Company, or of detective appliaacei, sag WMpWq from all such damages
nerT. tad Eh'antee shall save claims and emu" of ion asserted against Aailwsy Comp -
claims, and loads* including
any by W inswrer of said property. -
(b) Grantee hereby releases, indemnities, and saves harmless the Railway Comp -
and any other person or ooipporation 000'affiag its premises with its oona�ts the
W tram and against all losi4 damages domaandsi s
suocessors and assips, ;Lich m W result from any is-
caus" of astioas costs, and a of every charaster but mot limited , 181111191070015P 181111191070015P jury to or death of any person whomsoever, imolvdias, to
officers, sad assists of the parties 3aeretos or tram lose tit liiait�d to to, property
avy kind or nature to omasoeTer belonsont l of this ties hereto when auk WM79
owned i7 or in the care, mwtodY, and control of the pa�c
death, loss, or damage is caused or contributed to by or arises from the storage of
n Railway ponpa�y's premises or troy the placing upon and reaeovsl
said materials ups is emises by Grantee or at the direction of
of said materials from Railvgy Carp h to the Railwyr Cam au� insurnoe
Grantee. The Grantee shall pm'o
policy (together with an endorsement attached hereto under the terns of which the im-
suranoe oompaW a"UNes the ,liability of the Grantee) evvwi� bodily �a
property Damage insurance with limits of not less than DSO$
and/or death resulting theretroa to any one Psrs m and subject to such liaitis or met
leas than #5Q0s� W one accident, anti with limits of not less Wit# to that fliait,
�&%;Z-Tor e:s to or destauctioel of pm'�porty in any ome acident and sub j amegats) limit of "W1,000 for all dgagg" to or destruction of pcoPer'ty
during the policy period. or to remain, any material,
Graatea SM11 not place or permit to be Placed, of the seater lime, or
straatvre, pole, or other obstrnetioa within $.5 feet f any r],Y if any in
within 23 feet Tertieally fro�a the top of the rails, of e�T r�ov�ioh said $ materials
located upon or ad jaoent to the preaadses of Railway Company upon
are stored. all
(b) Grantee hereby iads=4 is$ and sav" harmless
as� � mar covered against
lose, dames, PINNIties, °sits, or judgments
from it on aacamt of or is say manner growing out of a Tiolatian of the proTiiions of f
this prraVaph 4 � are for tie
S. It is speed that the prarLions of tie tires pry heretofore afar hereaftrr
qq� protectim of W other railroad oaiapaas7y Or
granted the joint use of Railway CospW's peo wty at said station.
6. Grantee shall at 811 times k*" said Pry «s the we of rhieh is herei7 granted,
in a oaleen and sanitary oovAition-
r xu�• �s.
JJ
lu consideration of an additional deposit premium of , the
CompW agrees to assume the liability for bodily injuries including resulting
death, and for damage to property, which liability the City of St. Paul has
assumed by virtue of the following wording contained in a permit entered into
between the Northern Pacific Railway Company and the City of St.Paul,Minnesota,
numbered 4164 and dated the first day of April, 1964, providing that the City
of St. Paul shall:
Release, indemnify and save harmless the Railway Company and any
other person or corporation occupying its premises with its consent,
their successors and assigns, from and against all loss, damages,
clams, demands, actions, causes of action, costa and expense of every.
character which may result from any injury to or death of any person
whomsoever, including but not limited to employees, officers and agents
of the parties hereto, or from loss of or damage to property of any
kind or nature to whomsoever belonging, including but not limited to,
property owned by or in the care, custody, and control of the parties
hereto, when such injury, death, loss or damage is caused or contributed
to by or arises from the storage of said materials upon Railway Conpeqls
premises, or from the placing upon and removal, of said materials from
Railway Company's premises by the City of St. Paul or at the direction
of the City of St. Paul.
This endorsement is issued subject to all agreements, exclusions, conditions,
declaration and other terms contained in the policy, except as modified by this
endorsement.
Ten days written notice shall be given the Northern Pacific Railway O mpany
of any cancellation of Policy No. , if cancelled at any time
prior to the expiration date of the stated policy period.
This endorsement forms a part of Policy No. issuedto
by the
and is effective , 19_„_•.
Countersigned -
Duly Authorized Agent
President
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