Agenda - Council - 05/10/2005 - Laserfiche WebLink

Home

INDEMNIFICATION AGREEMENT THIS Indemnification Agreement (this "Agreement") is made and entered into as of May ..... 2005, by and between RTCLLC, a Minnesota Limited Liability Co~poration ("RTC LLC") and the City of Ramsey, a Minnesota municipal corporation ("City"). RECITALS: RTCLLC has entered into a Development Agreement with the City 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"). C~ The Master Development Agreement requires the developer to construct certain in frastructure for the RTC Plat including storm water improvements. The plans for the RTC Plat storm water improvements include three piPe crossings across the Burlington Northern and Santa Fe Railroad ("BNSF") right-of-way. There currently exists an Indemnification Agreement between the City and RTCLLC, dated December 28, 2004, covering two 54 inch diameter pipelines that are to be constructed across or along the BNSF railroad right of way adjacent to the RTC Plat. This present Indemnification Agreement is for the third crossing under the BSNF 'railroad right-of- way. The third crossing is shown on page 1 ! of 25 pages in the Storm Sewer Document Package plans dated March 4, 2005 relating to the RTC Plat and on file with the City.. The pipe runs from CBMH 717 to the City Pond. CBMH and the City Pond are both defined in the Storm Sewer Document Package plans referenced above. BNSF requires before anyone enters on or constructs any facilities within its railroad right-of-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"). In consideration for the City obtaining the Pipeline License RTCLLC agrees to indemnify the City from all liability associated with the construction of ,the Pipeline. r'qOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration the receipt and.sufficiency of which are hereby ackm~wledged, the parties agree as follows: 1. Definitions. Except as otherwise provided in this Agreement, the terms defined in the M aster Development Agreement have the same meaning when used in this Agreement. -323-