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Councilmember <br /> <br />intrOduced:the.folloWing resolution and moved for its adoption: <br /> <br /> .i <br /> RESOLUTION #05-01-XXX <br /> <br />RESOLUTION TO ENTER INTO INDEMNIFICATION AGREEMENT <br /> <br /> WHEREAS,. Shingobee has entered into a construction agreement whereby it has agreed <br />to perform certain work on behalf of Ramsey Town Center, LLC; and <br /> <br /> WHEREAS, The development :of .the RTC Plat is cOntrolled by that certain Master <br />Development Agreement dated September 17, 2003 and recorded September 24, 2003; and <br /> <br /> WHEREAS, The Master Development Agreement requires the developer to construct <br />certain infrastructure for the RTC Plat including storm water improvements; and <br /> <br /> WHEREAS, The plans for the RTC Plat storm water improvements inClude two 54 inch <br />diameter pipelines to be constructed across or along the Burlington Northern and Santa Fe <br />Railway (BNSF) railroad adjacent to the RTC :Plat; and <br /> <br /> WHEREAS, BNSF requires before anyone enters on or conStructs any facilities within <br />its railroad right-of-way that a license be obtained fi.om it for such work. The City has agreed to <br />obtain a Pipeline License. <br /> <br />WHEREAS, In consideration for the City obtaining the Pipeline License Shingobee agrees to <br />indemnify the City from all liability associated with the construction of the Pipeline. <br /> <br />NOW THEREFORE, BE IT REsoLVED By THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, ANOKA-COUNTY, STATE OF MINNESOTA: <br /> <br /> l) That the Mayor and City AdminiStrator are herebY authorized to sign the Indemnification <br /> Agreement between the City 0fRamseY and Shingobee Builders, Inc. <br /> <br />The motion for adoption of the foregoing resolution was duly seconded by Councilmember <br /> , and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />and the following voted against the same:. <br />and the following abstained: <br /> <br />and the tbllowing were absent: <br /> <br />whereupon said resolution was declared duI~Y passed and adopted by the Ramsey City Council <br />this 1 lth day of January, 2005. <br /> <br />ATTEST: <br /> <br />Mayor <br /> <br />City Clerk <br /> <br /> <br />