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CoutlcJ hnember Pearson introduced the folloWing resolution and moved for its adoption: RESOLUTION #05-01-008 RESOLUTION TO ENTER INTO INDEMNIFICATION AGREEMENT WHEREAS, Shingobee has entered int° a construction agreement whereby it has agreed to perform certain work on behalfofRamSey Town Center, LLC; and WHEREAS, The development 0fthe RTC Plat is controlled by that certain Master Development Agreement dated September 17, 2003and recorded September 24, 2003; and WHEREAS, The Master Development Agreement requires the developer to construct certain infrastructure for the RTC Plat including storm water improvements; and WHEREAS, 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; and WHEREAS, 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; and WHEREAS, In 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, BE IT REsoLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY~ STATE OF MINNESOTA, as follows: 1 ) That the Mayor and City Administrator are hereby authorized to sign the Indemnification Agreement between the City of Rarnsey and Shingobee Builders, Inc. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Elvig, and upon vote being taken thereOn, the following voted in favor thereof: Mayor Gamec Councilmember Pearson Councilmember Elvig Counci hnember Cook Councihnember Jeffrey Councilmember Olson Councilmember Strommen