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Agenda - Council - 05/10/2005
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Agenda - Council - 05/10/2005
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3/21/2025 1:48:57 PM
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5/9/2005 9:27:21 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
05/10/2005
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INDEMNIFICATION. AGREEMENT <br /> <br /> THIS Indemnification Agreement (this "Agreement") is made and entered into as of <br /> ,2005 by and between Ramsey Town Center, .LLC (RTCLLC), a <br />Minnesota Limited Liability Company and the City of Ramsey, a Minnesota municipal <br />corporation ("City"). <br /> <br />RECITALS: <br /> <br />RTCLLC has entered into a Development Agreement with the City in that certain Anoka <br />County, Minnesota subdivision known as Ramsey Town Center Addition (the "RTC <br />Plat"). <br /> <br />The development of the RTC Plat is controlled by that certain Master Development <br />Agreement dated September 17, 2003 and recorded September 24, 2003 as Document <br />No. 1854364 (Anoka County Abstract) and Document No. 446333 (Anoka County <br />Torrens) (the "Master Development Agreement"). <br /> <br />The Master Development Agreement required the Developer to construct certain <br />in frastructure for the RTC Plat including storm water improvements. <br /> <br />The plans for the RTC Plat storm water improvements include two 54 in diameter <br />pipelines to be constructed across or along the Burlington Northern and Santa Fe Railway <br />("BNSF") railroad adjacent to the RTC Plat (the "Pipeline"). <br /> <br />BNSF rcquires before anyone enters on or constructs any facilities within its railroad <br />right-of-way that a license be obtained from it for such work. The City has agreed to <br />obtain a Pipeline License dated attached hereto as Exhibit "A" <br />which is required by BNSF for construction of the Pipeline (the "Pipeline License"). <br /> <br />In consideration for the City obtaining the Pipeline License RTCLLC agrees to indemnify <br />the City from all liability associated with the construction of the Pipeline. <br /> <br /> NOW, THEREFORE, in consideration of the mutual agreements contained herein and <br />other good and valuable consideration the receipt and sufficiency of which are hereby <br />ackt~owlcdged, the parties agree as follows: <br /> <br /> 1. Detinitions. Except as otherwise provided in this Agreement, the terms defined in <br />Ihe Master Development Agreement have the same meaning when used in this Agreement. <br /> <br /> 2. Pipeline License. Upon execution of this Agreement, the City shall forthwith apply <br />l'or a~d obtain the Pipeline License. <br /> <br /> 3. Costs Paid by RTCLLC. The Pipel'ine shall be constructed at RTCLLC's sole cost <br />and expense. RTCLLC upon execution of this Agreement, shall reimburse the City for the <br />BNSF License cost in the amount of $5,250.00 and $1,500.00 for the use of the premises and <br /> <br />-327- <br /> <br /> <br />
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