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

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I. Definitions. Except as otherwise provided in this Agreement, the terms defined in thc 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 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 BNSI: I~icense cost in the amount of $5,250.00 and $1,500.00 for the use of the premises and tlagmcn rcqnircd by the Pipeline construction 4. Agreement as to License Terms. Shingobee has read and shall comply with all of thc conditions contained within the Pipeline License that is used by BNSF to the City up and through final completion and acceptance of the project. The City will be solely responsible for all o/' the rcquirements of the Pipeline License after the completion and acceptance of the project. 5. Independent Contractor Status. Shingobee is to be and shall remain an i~dcpemlent contractor with respect to any and all work performed on the Pipeline pursuant to thc l'ipcline License. It is agreed that notlfing herein contained is intended or should be construed in any manner as creating or establishing the relationship of agents, partners, joint venturers or associates between the parties hereto or as constituting Shingobee as the employee of the City for any pttq¢osc or in any manner whatsoever. 6. hldemnification. Any and all claims that arise or may arise against Shingobee, its agents, servants or employees as a consequence of any act or omission on the part of Shingobee or its agents, servants, or employees while engaged in the performance of the Pipeline construction shall in no way be the obligation or responsibility of the City. Shingobee shall i~dcmnil~y, hold harmless and defend the City, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason o f any act or omission of Shingobee, its agents, servants or employees, in the execution, pcrl'orn~ance, or failure to adequately perform Shingobee's obligations pursuant to the l'ipeline construction and/or the requirements of the Pipeline License. 7. Insurance Requirement. Shingobee agrees, that in order to protect itself and the City under thc indemnity provisions set forth above, it will at all times until the pipeline construction bas been accepted by the City keep in force policies of insurance in the minimum amounts of $1,000,000 per occurrence. Shingobee shall not commence work on the Pipeline until a Certificatc of Insurance covering the insurance required by this Agreement is approved and a Notice to ?rocced has been issued by the City's Principal City Engineer. SilIN(;OBEE BUILDERS, INC., a Minnesota corporation CITY OF RAMSEY, a Minnesota municipal corporation