Title
Authorizing the Department of Public Works to execute a Wireline Crossing Agreement with Union Pacific Railroad that contains an indemnification clause.
Body
WHEREAS, the City of Saint Paul (“City”) needs to construct, operate and maintain an underground fiber optic wireline along Plato Boulevard east of Wabasha Street to support its traffic signal operations in the vicinity of the railroad tracks operated by Union Pacific Railroad; and
WHEREAS, the City and Union Pacific Railroad negotiated a Wireline Crossing Agreement (“Agreement”) to authorize the City to construct, operate and maintain said underground fiber optic wireline within the right of way of Union Pacific Railroad crossing under active railroad tracks; and
WHEREAS, the Agreement requires the City to release, defend, indemnify, and hold harmless the Union Pacific Railroad to the extent permitted by law; now, therefore, be it
RESOLVED that the City Council of the City of Saint Paul hereby authorizes and approves the City entering into the Agreement with Union Pacific Railroad which includes an indemnification clause and authorizes the proper City officials to execute the Agreement, and further, the proper City officials are hereby authorized to negotiate and agree to minor revisions in the Agreement which do not materially and adversely affect the rights or obligations of the City, provided that such revisions are acceptable in form to the Saint Paul City Attorney.