Agenda - Council - 04/26/2005 - Laserfiche WebLink

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INDEMNIFICATION AGREEMENT Tt-[IS Indemnification Agreement (this "Agreement") is made and entered into as of April I 1,2005, by and between Shingobee Builders, Inc., a Minnesota corporation ("Shingobce") and the City of Ramsey, a Minnesota municipal corporation ("City"). RECITALS: Shingobce bas entered into a construction agreement whereby it has agreed to perform certain work on behalf of Ramsey Town Center, LLC, a Minnesota limited liability company in that certain Anoka County, Minnesota subdivision known as Ramsey Town Center Addition (the "RTC Plat"). Tim development of the RTC Plat is controlled by that certain master Development Agreenmnt dated Septenqber 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"). Thc Master Development Agreement requires the developer to construct certain infrastructure for the RTC Plat including storm water improvements. D. The plans for the RTC Plat storm water improvements include three pipe crossings. There currently exists all indemnification agreement between the City of Ramsey and Shingobce Builders, Dated December 28, 2004, covering these two 54 inch diameter pipelines that are to be constructed across or along the Burlington Northern and Santa Fe Railway ("BNSF") railroad adjacent to the RTC Plat (the "Pipeline"). This indemnification agreement is for the third crossing under the railroad. The 3rd crossing is shown on page 11/25 in the Storm Sewer Document Package dated March 4, 2005. The pipe runs fi'om CBMH 717 to the City Pond. BNSF requires before anyone enters on or constructs any facilities within its railroad hght-o£-way that a license be obtained from 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"). I~'. In consideration for the City obtaining the Pipeline License Shingobee agrees to indcmni fy 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, tile panics agree as follows: