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262592 WH17E — CITY CLERK ��^ PINK �—,FINANCE TT '�f CANARY — DEPARTMENT GITY OF SAINT PA<} L CO1111C11 � BWE .—�etAYOR File NO. +. • rdin�nce Ordinance N�. ��✓ _ Presented By _ Referred To Committee: Date Out of Committee By Date AN ORDINANCE GRANTING PERMISSION TO COATES RENTAL AND TRAILER SALES, INC. , ITS ASSIGNS AND/OR SUCCESSORS IN INTEREST, TO MAINTAIN AN EXISTING FENCE ENCROACNING UPON THE PUBLIC RIGHT-OF-WAY OF COMO AVE. BETWEEN BUR6ESS ST. AND TOPPING ST. �►BUTTING LOTS 3, 4 AND 5, BLOCK 5, FOUNDRY ADDITION, RAMSEY COUNTY, MINNESOTA TNE COUNCIL OF THE CITY OF ST. PAUL DOES ORDAIN: Section l . That permission and authority are hereby granted to Coates Rental and Trailer Sales, inc. , its assigns and/or successors in interest, to maintain its existing cyctone fence encroaching upon the public right-of-way of Como Ave. between Burgess St. and Topping St. , abutting Lots 3, 4 and 5, Block 5, Foundry Addition, Ramsey County, Minnesota. The location of said encroach- ment is legally described as follows, and is shown on the plat of survey furnished by Coates Rental and Trailer Sales, Inc. as approved by and on file in the Department of Public Works, identified as ProJect No. E-1152: - The southwesterly 10 feet of Lots 3, 4 and 5, Block 5, Foundry Addi- tion, as taken for the opening and widening of Como Ave. , pursuant to a Certificate of the Board of Public Works, recorded in Book 44, Mis- cellaneous page 230, filed January 22, 1901 , document No. 255407. Section 2. The Department of Public Works is hereby authorized and directed to issue a permit to Coates Rental and Trailer Sales, Inc. , its assigns and/or succes- sors in interest, for the purpose of maintaining said fence encroachment as ; described above, sub,ject to the foltowing provisions, terms and conditions: COULVCILMEN Requested by Department of: Yeas Nays - �Gl(K Butler • Publ ic Works Konopatzki I❑ Favor I:evine Meredit}i Against BY � •\ �e RoedZer Daniel J. Du rd, Direc r (DOL Tedesco Mme.President�WfD�f HU11t Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council dk$y By . � 2G�592 . �, -2- a. That the permittee shall pay the costs of all engineering, inspection and administrative services rendered by the City of St. Paul because and on account of this permit, which costs shall be accounted for under Department of Public Works Project No. E-1152; b. That said permittee shall pay the cost of publication of this Ordinance and any subsequent Resolutions passed in relation to said Ordinance; c. That said permittee, its assigns and/or successors in interest shall take out and maintain during the period of this permit a comprehensive protective public liability insurance which shall remain in force and effect as long as said fence or any portion thereof is maintained and located on the public right-of-way of Como Ave. This liability insurance shall fully indemnify, hold. harmless, and defend the City of St. Paul , its agents, officers and employees from any and all damages, claims, losses, judgments, suits or expenses on account of all claims of whatever nature arising out of or connected with the maintenance, operation and/or removal of said fence encroachment. The liability insurance shall be issued by an insurance company licensed to do business in the State of Minnesota and the premium and all expenses incidental thereto shall be paid promptly by the permittee initially and upon renewal . A certificate of this insur- ance policy shall be submitted to the Office Engineer, Department of Public Works, and must be of a form acceptable to the City Attorney. Before any expiration, said permittee shall deposit with the City of St. Paul a new certificate to replace any expir- ing insurance. The permittee and the City shall be named as jointly insured with limits of liability indicated as follows : Bodily inJury insurance (including death) in an amount of not less than $250,000.00 for all damages arising out of bodily in�juries to or death of one person, and, subject to the same limit for each person, in a total amount of not less than $500,000.00 on account of any one accident. Pro- perty damage insurance in an amount of not less than 5150,000.00 for all damages to or destruction of property in any one accident, and subject to that limit per accident, further subject to a total of not less than $200,000.00 for all damages to or destruction of property during the policy period. The insurance coverage shall automatically be �estored im- mediately after the occurance of any accident or loss from which liability may thereafter accrue and the City of -. � �L zs2�s2 -3- St. Paul shall be notified at least 30 days in advance of the cancellation of the insurance coverage by the issuing insurance company; d. That said permittee further and expressly agrees and shall under- take to fully indemnify and save harmless the City of St. Paul from any and all liability, suits or demands, including the legal defense cost thereof, for bodily injuries (including death) or property damages, includinq loss of use, arising out of the con- tinued existence, maintenance and/or future removal of said fence encroachment; e. That the permit hereby authorized may be revoked by the Council of the City of St. Paul at any time by Resolution, and said permittee thereupon shall remove said fence from within the public right-of-way of Como Ave. and shatl restore the street and the area affected thereby to the condition it was in before- hand, all in such manner as is satisfactory to the Department of Public Works; f. That, subject to the terms of Paragraph e above, this permission and authority shall continue for the life of the existing fence and shall terminate upon the removal or destruction of said fence abuttinq said Lots 3, 4 and 5, Block 5, Foundry Addition; g. That said permittee shall furnish and submit to the City of St. Paul a perpetual bond in the sum of $S,OOO.�JO conditioned to comply with all the terms and conditions of this Ordinance and further conditioned to guarantee removal of said fence and the restoration to their original condition of all public pro- perty, public improvements or right-of-way, to the satisfaction of the Department of Public Works, which may be affected by the granting of this permit or damaged by the construction, mainte- nance and/or removal of said fence; h. That said permittee, its assigns and/or successors in interest shall comply with the terms of Chapter 216 of the St. Paul Leg- islative Code as amended, pertaining to street obstructions, in the prosecution of any operations involving the maintenance and/or � removal of said fence; i . That said permittee shall submit the necessary bond and insurance documents to the Department of Pubiic Works, Office Enqineer. No permit may be issued unless and until said bond and insurance documents of a form and sufficiency satisfactory to the City Attorney have been filed by the Department of Public Works with the Department of Finance and Management Services; j . That said permittee shall within thirty (30) days from and after the passage of this Ordinance, file its written acceptance WH17E - CITY CLERK 1 262592 PINK `- FINANCE COUi1C11 CANARY- DEPARTMENT GITY OF SAINT PALTL BLUE -xMAVOR File NO. � . , � 0 rdin�nce Ordinance N 0. /✓'��✓_ _ Presented By _ Referred To Committee: Date Out of Committee By Date -4- thereof, specificaily agreeing to all the provisions, terms and conditions herein, with the City Clerk. Section 3. That this Ordinance shall take effect and be in force thirty (30) days from and after its passage, approvai and publication. COUIVCILMEN Requested by Department of: Yeas Nays �l( Butier Konopatzki In Favor Levine Meredith v Against BY ~ � Te� R°ed]'er Dan i e 1 J. nford, D i re tor (`D,�L� Mme.President�(�( Hunt .YtJ`� D E C 1 1 1 9 7 3 Form Approved b City�Atto ey Adopted by Council: Date �' � Certified Passed by Council Secretary BY By Appmve� Mayor: te C+ 3 Approved by Mayor for Submission to Council . � ��_ dkt-�By gy `� �� PuB��sH� DEC 15 1973 + 2�2�y2 . �- x . � . _ . ..:� �m � �c�; � � �� / � � �� f"��o ' , �.� �5��2 � �.�`'T' °'•., R E C E ! V E D � , � y O 1 �� a � �' °° N UV 131973 ... � I T Y O F S A I N T P A U L. CORPORATlCP� �QUNSEL Capital of Minnesota DEPARTMENT OF PUBLIC WORKS 234 Ci1y HaQ �C Cour1 Hous� 65102 � Daniel J. Dunford, P.E. � Director � � November 8, 1973 � � a b � � � � The Nonorable Lawrence D. Cohen � Mayor of the City of St . Paul � Room 3�7 City Hall � � BUILDING � '` Re: COMO AVE. - Topping St. to � Burgess St. , City Project No. " E-1152 � i8 .� � Dear Mayor Cohen: ;� _;� Attached is a proposed Ordinance prepared to authorize the � existing fence encroachment upon the referenced street, as � constructed by Coates Rental � Trailer Sales , Inc. in the fall of 1972. The permittee, Coates Rental � Trailer Sales, Inc. , has indicated its written preliminary acceptance of ;x the terms and conditions of the Ordinance through its attor- � ney, Mr. Ronald C. Evans. For your ready reference, I have � further attached a copy of a piat of survey showing the fence location. � Yours very truly, � � � Daniel J. D ord � Director of Public Works :� �I WAH/DOL/dkt �'' Attachments . ,�� v .§._, �e cc: Walter A. Hurtley a� � �. � ; X..��"^ %�� .. . � , � � t rF F \/ DeCP,i[tYa@x' a.�T� 1y73 Coates Rental and Trsiier �ales, Inc. 605 Como Av�. St. Paul� P�.inri�sota txentlemen: We enclose a copy of Ordinance No. i5513 ��t�.ns you perr�is�ion to maintain a�n exist3.ng fence encroaching upon the public right- of-way of Como Ave. between Burgess St. and Topping St. ; also a bill in the sum of$51.70 to cover the cost of publication of this ordinance. We call your special attentian �o Sectinn 2, Para.�raph g, wiz3eh requires the 2Yli�g of a bond in th�s amount specified. We al.s4 ca11 your attention to Paragraph �, which requires the filing of an acceptance of the term� of this ordinance. 7'he acesptanae must be Pi1ed in thi� ofPice, Room 386, City Hal.l, within thirty day� after passage of the ordinance. IP not so filed' the ord3na.nee beaomes void. Yaur� very truly, City Clerk �� Et1C8. � . ri ..�"` �7 '"� � , �:::1°`. ��'�� cn , Saint Paul, Minnesota December 17, 1973 To the Honorable, the City Council Saint Paul� Minnesota Ladies and Gentlemen: We, the vnderaigned, do lxereby accept a,nd agree to abide by all the terms and conditions of Council File No. 262592� � being Ordinance No. 15513, ad,opted by the Council on December 11, 1973. �s � � Gerald F. Coates, President CO�TES RENTAL & TRAILfi;R SALES, INC. 605 Como Avenue, St. Paul, Minn. �, � (fl{�-:�°,� �d��'�,�.� �� ..i. �� . �� -� � ' � .. .+�� 3ra � � ��2-�,� �aaa�tea ��L Yeas Na�ra BI1rLBR �NOpA� 262592 . � � �� RoEnr�x � TEDESCO � I�e PRE$7DE� (HEJI�T) �