Title
Approving a Limited Use Permit with the State of Minnesota Department of Transportation for the Lafayette Trail project (that includes an indemnification clause).
Body
WHEREAS, the City of Saint Paul ("City"), Department of Public Works, has approved plans for the Lafayette Trail project; and
WHEREAS, said Trail requires the City to use the area within the right of way of Trunk Highway No. 52; and
WHEREAS, to authorize the construction and use of the Trail crossing, and to promote the orderly and safe crossing of the highways, the State of Minnesota, Department of Transportation ("MnDOT") requires a Limited Use Permit between the City and MnDOT, attached hereto as Exhibit A; and
WHEREAS, the Limited Use Permit includes an indemnification clause in favor of MnDOT; and
WHEREAS, the City Council finds that the construction of the Lafayette Trail has a legitimate public purpose in providing additional recreational and transportation opportunities to the public; and
WHEREAS, the expenditure of public funds, which includes the promise of indemnification and defense, will facilitate that public purpose; now, therefore, be it
RESOLVED, that the Council of the City of Saint Paul enter into Limited Use Permit No. 6244-0244 with the State of Minnesota, Department of Transportation, which includes an indemnification clause in favor of MnDOT and authorizes the Department of Public Works Director, Assistant City Attorney, and Deputy Mayor to execute same and any amendments that may be mutually agreed to between the City and MnDOT.