Agenda - Council - 01/11/2005 - Laserfiche WebLink

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INDEMNIFICATION AGREEMENT THIS Indemnification Agreement (this "Agreement") is made .and entered into as of December 28, 2004, by and between Shingobee Builders, Inc., a Minnesota corporation ("Shingobee") and the City ofRamSey, a Minnesota munigipal corporation ("City"). RECITALS:- Ao Shingobee has entered into a construction agreement whereby it has agreed to perform certain work on behalf of Ramsey Town Center, LLC, a Minnesot~ limited liability company in that certain AnOka COunty, Minnesota subdivision known as Ramsey Town Center Addition (the "RTC Plat"). The development of the RTC Plat is controlled by that certain master Development Agreement dated September 17, 2003 and recorded September 24, 2003 as Document No. 1854364 (Anoka County Abstract)' and Document No. 446333 (Anoka County Torrens) (the ~Master Development Agreement"). The Master Development Agreement requires 'the Developer to construct certain infrastructure for the RTC Plat including storm water improvements. The plans for the RTC Plat storm water improvements include two 54 inch diameter pipelines to be constructed across or along the Burlington Northern and Santa Fe Railway ("BNSF") railroad adjacent to the RTC Plat (the "Pipeline"). BNSF requires before anyone enters on or constructs any facilities within its railroad right-of-way that a license be obtained fi:om it for such work. The CitY haS agreed to obtain a Pipeline License dated attached hereto as Exhibit "A" which is required by BNSF for construction of the Pipelines (the "Pipeline License") tn consideration for the City obtaining the Pipeline License Shingobee agrees to indemnify the City from all liability associated with the construction of the Pipeline. NOW, THEREFORE, in Consideration of the mutual agreements contained herein and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. Except as othe.rwi~e provided in this Agreement, the terms defined in the Master Development Agreement have the same meaning when used in this Agreement. 2. Pipeline License. Upon execution of this Agreement, the City shall forthwith apply for and obtain the Pipeline License. 3. Costs Paid by Shingobee. The Pipeline shall be constructed at Shingobee's sole cost and expense. Shingobee, upon execution of this Agreement, shall reimburse the City for the BNSF License cost in the amount of $5,250.00 and $1,500.00 for the use of the premises and flagmen required by the Pipeline construction.