05-218CITY
Presented By
Referred To
Council File # �� - a i g
RESOLUTION Green sheet # �v �
SA-FN�T PAUL, MINNESOTA a`
�
Committee: Date
WHEREAS, UNION PRCIFIC RAILROAD COMPANY has tendered to C1TY OF ST. PAUL
an agreement covering a pipeline crossing at St. Paul, Ramsey County, Minnesota ; and
WHEREAS, the City Council of CITY OF ST. PAUL has said proposed agreement before it
and has given it careful reaview and consideration; and
WHEREAS, it is considered that the best interests of said City will be subserved by the
acceptance of said agreement;
THEREFORE BE IT RESOLVED, that the proper Ciry officials be authorized to execute and
approve on behalf of the CITY OF ST. PAUL, iwo Pipeline Crossing Agreements, Folders No.
02283-65 and 02283-67, between the CITY OF SAINT PAUL and the UNION PACIFIC RAILROAD
COMPANY, copies of the Agreements being attached hereto and incorporated herein by
reference.
Adopted by Council:
Adop
By:
Appr
By:
Requested by Department of:
a
bl c orl
By:
Date /y_//a,�l� //_�aiJpS Form Approved by City Attorney
os- a��
DEPARTMENT/OFFICE/�UNCIL DATE INITATE�
Public Works Tue, Mar 1, 2005 GREEN SHEET NO. 206534
c IN1�AVDAiE INITAV�ATE
COfTACTPEFiSON&PFiONE �� J 3.LD� �C
JoeMueller 266-6149 NUMBFAF4R � ❑anc�xic
MUSSBEONCAUNCILAGENDABV(DAl� pOlIi7NG ❑FlNANpALSERVICESDIfl.
p � ❑ FlN. SERVICES�ACCT.
�MAYOR(ORASSISTMfr) �p�Y1SIQNMANAG /J,
� u DFPARTMENTACCT.B�J3•2
TOTALi OFSIGNANRE PAGE$ (CLIP ALL LOCATpNS FOfl SMaNA7UH�
ACTION pEpUESTED
App�ove resolution authorizing Ciry to enter into two (2) Pipe Csossing Agreements with Union Pacific Railroad Company. Pipe crossings
are necessary for storm sewer consiruction. Storm sewer will relieve a severe flooding problem at Robie and Bancroft.
RECOMMENDATONS: Approve (A) w Rejett (ip pEfSONAL SERVICE COMRACTS MUSTANSWFA lHE FOLLOWING �UESiIONS:
_PLANNINGCOMMISSION _CIVILSERVICECOMMISSION �, HazMSpersoNfiimeverworkedunderacmo-actfwNisdepanmenY+
CIB CpMMiTTEE _ Ya ❑ P10 ❑
A STAFF _ 2 Hasthu�persorJliime�¢rbsenaciryemployee?
DISTRICTCOUNCIL Y � � � �
3 Dcesth�spersoNimmpossessaskAlnMnortrellypwsessetlbyarrycunernpryertpioyee�
Y� ❑ NO ❑
6. Isfi¢ pi�oNfirm atar9MVCntloR
V� � NO �
Explain alt yes answen on separet¢ sheM an0 apaeh W green sheet
IWiIATING PFWBLEM, ISSUE, OPPORTUNIfV (WHO. WHAT, WHEN, WHERE, WHh:
There is a severe flooding problem at the intersection of Robie and Bancroft that during an intense rainfall potentially
impacts 29 residents. W e propose to construct a storm relief sewer on Concord from State Street to Kansas Street then
northward across the Union Pacific Railroad tracks and discharge to an existing ditch. Approving this resolution wiil
enable us to cross under the railroad tracks.
ADVAM'AGES IF APVNOVED:
The likelyhood of flooding the 29 residents during an intense rainfall is significantiy diminished.
DISADVAMAGES IF APPHOVED:
None
DISADVAMAOES ff NOT APPFiOVED: �:'?�a�. �P� t+� %:�i'
Continued f400ding during intense rainfall.
i�Ra7 —
TOiALAMOUNTOFTRANSACTION: $O.00 CosTmEVENUEeUOGErEm YES � NO �
FUNDING SOURCE ACINffY NUMBER
FINANCIALINFORMATION (EXPLAIN) FINANCE FILE M
�
OS• ��g
PL X 940206
Form Approved, AVP-Law
Folder No. 0�283-65
PIPELINE CROSSING
AGREEMENT
Mile Post: 527.94, State Street Industrial Lead
Location: St Pau1, Ramsey County, Minnesota
THIS AGREEMENT is made and entered into as of Febmary 13, 2005, by and between
UNION PACIF'IC RAILROAD COMPANY, a Delawue corporation, (hereinafter the "Licensor") and
CITY OF ST. PAUL, a Minnesota municipal corporarion to be addressed at 25 West 4th Street, 700 City
Hall Annex , St. Paul, Minnesota 55102 (hereinafter the "Licensee").
IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLO WS:
Article I. LICENSE FEE
Upon execution of this Ab eement, the Licensee shall pay to the Licensor a one-time License Fee
of Two Thousand Nine Aundred Fifty Three Dollars ($2,953.00).
Article II. LICENSOR GRANTS RIGHT. .
In consideration of the License Fee to be paid by the Licensee and in further considerauon of the
covenants and agreements hexein contained to be by the Licensee kept, observed and performed, the
Licensor hereby a ants to the Licensee the right to constmct and thereafter, during the term hereof, to
maintain and operate only a
54" Storm Water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with [he dimensions and spec�cations indicated on the attached
print dated November Ol, 2004, marked Exbibit A. Under no circumstances shall Licensee modify the
use of the Pipeline for a purpose other than'the above-mentioned, and said Pipeline shall not be used for
any other use, whether such use is cunently technologically possible, or whether such use may come itlto
existence during the life of this Agreement.
Article IIL CONSTRUCTION, MAINTENANCE AND OPERATION.
The grant of right herein made to the Licensee is subject to each and all of the terms, provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV. IF WORK IS TO BE PEItFORMED BY CONTRACTOR.
If a contractor is to do any of the work perfom:ed on the Pipeline (inclnding initial constrection
and subsequent relocation or substantial maintenance and repau wock), then the Licensee shall require its
contractor to execute the Railroad's form Contractor's Right of Enhy Aa eement Licensee acknowiedges
receipt of a copy of the Contractor's Right of Entry Agreemen*. and understanding of its terms, pi�ovisions,
.
Y.:
OS-e?�8
and requirements, and will inform its contractor of the need to execute the Agreement. Under no
cucumstances will Licensee's contractor be allowed onto Licensor s premises without first execurina the
Contractor's Right of Entry Ab eement.
Article V. INSIIRANCE
A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto
attached. The Licensee will also provide to the Licensor a Certificate of Insuzance, identifying Folder
No. 02283-65, issued by its insurance carrier confirming the existence of such insurance and that the
policy or policies contain the following endorsement:
LTNION PACIFIC RAILROAD COMPAIVY is named as an additional insured with respect
to all liabilities arising out of the existance, use or any work performed on or associated
with the 'Pipeline' located on Railroad right-of-way at Mile Post 527.94 on the State Street Ind.
Ld Subdivision/Branch, at or neaz St Paul, Ramsey County, Minnesota.
B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory
tort laws, the limits of insurance described in Exliibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent law, whichever is greater, a portion of
which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Constance R. Alvis
Folder No. 02283-65
Union Pacific Raih Company
Real Estate Department
1400 Douglas Street STOP 1690'
Omaha, NE 68179-1690
Article VI. TERM.
This Agreement shall take effect as of the date first herein written and shall continue in full force
and effect unril tertninated as herein provided.
Article VII. SPECIAL PROVISION — RAILROAD FLAGMAN; WHEN REQUIRED;
FLAGGING CHARGES.
A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s),
material(s), vehicle(s), or thing(s) sha1J be located, operated, placed, or stored within 25 feet of any of
Railroad's track(s) at any time, for any reason, unless and unril a Raikoad flagman is provided to watch
for trains, pursuant to the terms of the attached Exhibit `B'. All expenses connected with the fumishing
of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad
all chazges connected therewith, within 30 days after presentation of a bill therefore.
B. One and one-half times the current hourly rate is paid for overtrme, Saturdays and
Sundays; two and one-half times cusent hourly rate for holidays.
C. Wage rates aze subject to change, at any time, by law or by agreement between the
Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized
aS - � ig
Governmental A�ency. Additional char�es on labor are also subject to change. If the wage rate or
additional charges aze changed, the Licensee shall pay on the basis of the new rates and charges.
D. Reimbursement to the Railroad will be required coverin� the full eight hour day durin�
which any flagman is fiuuished, unless he can be assigned to other Railroad work durin� a portion of such
day, in wluch event reimbursement will not be required for the portion of the day during which the
fl��nan is engaged in other work. Reimbursement will also be required for any day not actually worked
by said fl t�man following his ass aQnment to work on the project £or which the Railroad is required to pay
the flagman and which could not reasonably be avoided by the Railroad Company by assib mant of such
flagnan to other work, even though the Licensee may not be working during such time.
E. Arrangements for flagging aze to be made at least Ten (10) days in advance of
commencing work, with the Railroad Manager of Track Maintenance.
Article'VIIJ. SPECIALPROVLSION—RAII,ROAI�INSPECTORREQUIRED.
Licensee understands and agrees that a railroad inspector is required to monitor the b ound and
track for movement during the installation of the pipe.
IN WITNESS WHEREOF, the parties hereto have caused this Ab eement to be executed as of
the date first herein written.
UNION PACdFIC RAILROAD COMPANY CITY OF ST. PAUL
By: By:
Manager - Contracts Title:
PLACE ARROW INDICA7[NG NORTH
DIRECTION RELATIVE TO CROSSING
ENCA��� N�N°�lL�.�'I1�A1�LE
�II�ELdNE �C1��9���N�
re NO SCA�E
" ---
I _FT.
F7.—
(SEE NO�E 3 B 5)
�a
�. . �—C�AIAII:TPAC[
IpE5CR18E FIXED 06JECTJ
(SEE NOTE 6)
IOISTdNCE AIONG TRACtt GROM SECTION 11NE CR055ING1
[NOTEE THIS OIMENSION REOIIIREO
AT LOCnilONS NOT OSING
i0 A LEGAL SIIRVET LINE
� � �J
Fi. --�-�� FT.
� MIN. DI! �
a (sea No+e
� /
�
II
4 • � I FT.
(G.5 fi MIN.)
�20 FT. M<XJ
�{ CR51NG
NOTE: C.LL AVAILA3LE DiMENSI0N5 MU57 BE
FiLLED IN TO PROCESS TH[S APPLiCATION.
� --
^ Z�' � FT.
�--C�C?�c T.=
(SEE NOT� 3 8 5)
!a a ^ 6� ' C�.L�
(ANG�E OF CROSSINGI
�
:E �
� ��T.
�
3�
(saa Note a) (s
GflOLND
StIPFACE
I
'
-T ' SEAI Ce51xG�
mr�) �
�� \
� � �' i � JnGi=tNCi P1PE � Og
� �
/
/ '
I / 2� ISFT.—i I
I s rr. �� FT.
—,� �-3fo FT. I
�QFT.
FT.
NOTES : (Cn51NG LENGTH NNEN MEASIIR£0 ALONG P(PfLfNE.)
11 AlL HORIZONiAL OISTANCES i0 BE MEd511RED 4i RIGXT dNLLES FPON R OF TppC6.
21 CASIKG S9 EXTEIA BEYpHD THE 4 OF TPAC% AT AfCHT LNL�ES THE GFERT£P OF 3D + 20 FT.. OR 3p FT.�
MD BEYONp LIMIT OF RAILROAD FIGNi-OF-IY<Y IF NECE55APT i0 PROVIDE PROPfR LENGTH OUiSIDE OK TR�CK.
3l MINIMJM OF 50' FRON iHE END OF ANY RAILROAO BRIOGE� Q DF ANY C0.�ERi� OR FROM dNY SMITCHING dpEA
91 SICNAL REPRESENiPi1YE A415T BE PFESENi WNING INSTALLATION 6 RA(LRO<D SiGNnLS 1RE iN THE VICIHITY OF CROSSING
51 ALLOMABLE LIXEO OBJEQS INLLUDE: B<CKNLLLS Of BRIOLES: Q OF qOAp pRp551HC5 8 OVERHEdO VIe0UCT5 fCIVE ROA� NFME). OR NLVERTS,
6) GSING 4Np CARF[EP GIPE A815T 9E PLA<ED < MINLMtIN OF 2 FEET BEI.OW THE EXISTING FIHE(1 OPTIC CABLE. 4NY EXG0.V4ilON REWIREO MITNIN
A) [5 PIPEI.tNE CROSSCNG WITH[N DEQ[CATED STREET ? YES;�HOg
81 CF YES� NAME OF SiREE7
D) �ISTRIBUTIDN L1NE OR TRANSMSSSION L[NE
..Cl CARRIER P1PE :
COMMODSTY TO BE CONVEYED S�o�LM W/ATt.�L
OPERATING PRESSUF�E.��_P51 +� �
WALL THICKNESS�rT,�1AME7ERs'Qr•��MA
El CASING PIPE :
WAIL THICKNE55 �=%�E �DIAMETER �MATERIAL �
NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST
- OUTSIDE DIAMETER OF CARRfER P3PE AN� INTERIOR DIAMETER OF
CASING-PiPE. WHEN FURNISHING �7MENS10N5� GIVE Ol1TS]DE OF
CARRIER P?PE AND INSIDE OP CASING P[PE.
F) METH06 OF INS?ALLING CASING PIPE UNDER TRACK(5):
_�_DRY SORE AND JACK (WET BORE NOT PERMITTED> >
_ TUNNEL "> OTHER
G) WILL CONSTRUCTION 8E 0Y AN OUTSt�E CDNTRACTOR"? YES�_JJO;
H) DISTANCE FR_OM CEN7ER LINE OF TRAGK TD NEAR FACE OF BOR G
JACKtNG PiTS WHEN MEASURED AT RIGHT ANGLES TO TRACK�
1> APPLICANT HAS CONTACTED I-800-336-9i93� (30• "��
U. P. COMMUNICA7[ON DEPARTMENT, AND HAS 6E7ERMINED F BER ''
OPTIC CAfiLE_ DOES ��DOES NOT ; EXIST IN VICINtTY OF i
WORK TO BE PERFORMED . T[CKET N�.
n 7V FT.
�
CQ FT.
FORM �P,-0404-B
REV. 5- I 5- °8
RR'S R/W
ro
(NEAREST 0. R.
STEEL CAS[NG WALL
THICKNESS CHAR7
3125' Si�6' DVER IY-IB'
3750" 3/8^ OVER IB'-22'
4375" 7/16' OVEF 22'-28'
5000' 1f2" OYER 28'-34"
5625' 9/16' OVER 39'-42"
6250" 5/8" OVER 42"-98'
OVER 48' M(15T BE
APP ROVE� BY R. R. C0.
NOTE: THIS GHnRi IS ONIY
FOR SMOOTH STEEL CASING
PIPES WSTH IRiNIMWA YIEL�
PORMULA TO FIGURE CASiNG
�ENGTH WITN ANGLE OF
CROSSING OTHER THAN 90°
B t 't
� SIN �
��
?
„S B
` �a� MIN.�[S7.
(N6iE 1)
/� TR�CR
EX�iI�I'�' "�°
�rou vnuaono usc on�n
UNION PACIFIC RAILROAD C0.
S� t� s�«t i�a . ��.�1
�ww�v�ssaai .
M, P 527.9`1 E. S, 21;'T140
4$NCASED S�ov.. dw•w. CROSS I NG AT
Si. (',w ' i�AFlty MIJ
INE<P C[TYI ICpWfiy) tiiliEl
C i {7 O\ �l. �4��
.vP�ruxn
RR FILE N0. ZLi�•6 DATE 1°I 1'0"�1
W A R N t N G
IN ALL OCCASIONS� p. R COWtINIC4ifON5
OEPARTMENT MUST BE CONTACTED IN ADUnNCE
OF aNY WORK TO OETERMiNE EXISTEM1'CE AND
LOC4T(OX DF FIBER OPTIC C6BLE.
� PNONE: �-BpP336-9193
o,�'- aig
RESOLUTION
WHEREAS, LINION PACIFIC RAII,ROAD COMPANI' has tendered to CTTY OF ST. PALZ
an a�eement covering a pipeline crossing at St Paul, Ramsey County, Minnesota; and
WHEREAS, the City Council of CTI'Y OF ST. PAL3L has said propased aa eement before it and
has given it careful review and consideration; and
WHEREAS, it is considered that the best interests of said City will be subserved by the
acceptance of said agreement;
THEREFORE, BE TT RESOLVED by City Council of CITY OF 5T. PAUL:
That the terms of the a�eement subznitted by LTNION PACTFIC RAII.ROAD COMPANY as aforesaid
be, and the same are hereby, accepted on behalf of said City;
That the Mayor of said City is hereby authorized, empowered and directed to execute said
agraement on behalf of said City and that the City Clerk of said City is hereby authorized and directed to
attest said agreement and to attach to each duplicate original of said agreement a certified copy of this
Resolution.
STATE OF }
) ss
COUNTY OF )
I, , City Clerk of CITY 4F ST. PAITL, hereby certify that the
a6ove and foregoing is a true, fuli and correct copy of a resolution adopted by the Gity Council of CITY
OF ST. PAL7L at a meeting held according to law at St. Paul, Minnesota, on the day of
, 20_, as the same appeazs on file and of record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
City, this day of , 20_
City Clerk of CTTY OF ST. PALTL
State
r�, x esoi rz
Furni AAPraved, AVP-La��
EXHIBIT B
Section I. LINLrI'ATION AND SUBORDINAI'ION OF RIGHTS GRANTED.
{a) The iorzgoina grmit of right is subject �d subordinate to the arior a_nd continuing right and obligation oY the Liceasor io
use cmd mcrintain its entire properiy including ihe rignt and power oI the licensor to construct. maintain, reneir, ren=w, use,
operate, change, modify or relocate railroad tracks, signal, cammunication, (iber optics, or other wzrelines, pipelines and oiner
facitities upon, clong or across any or all oarts of iYs property, al1 or any oi vrnich may be freely doae ai any time or fim2s 6y the
Licensor without liability to lhe licensee or to any other party for compensntion or damages.
(h) The Eoregoing grant is also suhject to all outstanding superior rights (:nduding those in ftrvor of licensees and lessees ot
the Licensor's property, and others) and the right of ihe Licensor to renew �d extend the same, and is made Knthout covencznt of
title or for quiet enjoyment.
Section 2. CONSTRUCTION MAIN'I`ENtiNC£ AND OPERATION.
(a) The Pipeline sha]! be constructed, operated, maintained, rep�red, renewed, modified and(or reconstructed by tha
licensee ia strict contormity with Union Pacitic Railroad Co_ Common Stcmdard Speci(ication 1029 adopted November 1949, and
all c¢nendments thereoI cmd supplements thereto, which by this reference is hereby made a oart hereof, except as mrn� be modified
and approved by Ehe Licensor's Vice President-EngiZeering Services. In the event such Specification eon[IicLs in any respecl with
(he requirements of �y Eederal, state or municipallaw or regutation, such requirements shali govern on all points of conf{ict, but
in a?I other respects the Specificution shali apply.
(b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renecval,
modifiartion or reconstruction oI the Pipeline shall be done to the satisfaction oi the Licensor.
(c) Prior to the commencemeni oE any work in conneciion with the construction, maintencznce, repair, renewa?, modification,
relocation, reconstruction or removal of (he P'tpeline where it passes underneath the roadbed and track or tracks of the licensor,
the Licensee shali submit to the Licensor glcros seiting out ihe method and m�ner of handfing the work, induding the shoring and
cribbing, if any, required to protect the Licensor's operations, cmd shall not proceed wi;h the warE: until such ptans hwe been
approved by the Vice President-Engineering Services ot the Licensor and then the woric shall be done to the sntis[ac.ion of the Vice
Presidenk-Engineering Seivices ar his authorized representative. The Licensor shall have ihe right, if it so elects, to provide such
support as it may deem necess�y tor the safety of its track or tr¢cks during the lime oI constn,rction, mmntenmice, reperir, renecvai,
modification, relocation, reconstrucrion or remwul of the Pipeline, and in lhe, event the Licensor provides such support, the
Licensee shall pay to the Licensor, witkda fi(teen (157 days ni#er 6iits shall have been iendered theretor, ctll ei:pense incurred by the
Licensor in connection therewith, which expanse shall inc(ude a11 assignable cosis.
(d) The Licensee shall keep mid maintain the sotl over [he Pipeline thoroughiy compacted and the grade even with the
adjacent surSace of the ground.
Section 3. NOTICE OF COMMENCEMENT OF WORK.
I{ � emergency shoutd arise requiring immediate aftention, the Licensee shall provide as much notice as practicable
to Licensor before commencing aey work In ail other situalions, the Licensee shall notify fhe Licensor at (east Yen (10) days (or
such other tirne as ihe Licensor mczy allow} in advmice of the commencement of any work upon properiy o[ the Licensor in
connecEion with the construction, mainten�ce, repcnr, renewQl, modi(ication, reconstruction, relocation ar remaval of the Pipeline.
Alf such work shall be prosecuted diiigently to complelion.
Section 4. LTCENSEE TO BEAR ES3TIl3E EXPEIVSE.
The Licensee shal! bear the entire cost and expense incurred in connection with the construction, maintenance, repmr
and renewal and any and all modification re.viston, relocation, re?nevel er rece!�str�±ction ot !h= Pipelir°, W cludi;;q �^y u;d ^P.
expense whieh may be incurre-�i by the Licensor in connection Cnerewith far supenision, insp�etion, Ragging, or otnerwise.
p�:.erb Page i ofa Eahibit B
PL X 930 i I?
Torm Approred, AVP-L1�r
Section 5. RE[NFORCEMENT, RELOCATION OR REMOVAL OF PIPELII�TE.
(c) The licer.se h=reir. granted is subject to the needs and requiremeats of the Licensor in the operation oi its rai!road and
Sn !he improvement rnid �se ot its property, nnd fhe Licensee shall, at the soee e�ense oi the Licansee, reinforce tne t�ipelir.e, or
mo✓e a!1 or cny por:ioa o` the Pipeline to such new.ecation as the Licensor may designate, �vhenever, in the (nrthar�c= oi its
needs and requiremants, the Licensor s?�al] fintl such action o; desirable.
(b) All the :erms, conditions and stipuiafions h=rein expressed with reference to ihe Pipeline on property ot �ne licensor in
!he location he: einbatore described shall, so far as rhe Apeline rer_icuas on the property, a?p1y to the Pipelia= as modi�ied,
change3 or reloccred v.�thin the conlemplat;on of this section.
Section 8. NO INTERFERENC£ WITH LIC£NSOR'S OPERATfON.
The Pipeline and al! parts therc�I within and outside of the limifs ot tha properfy oI the Licensor shail be construded and
at al] times, mmntmned, repafred renewed cmd operated in such manner as to cause no interference wh¢tsoever �vith the ronsT�t,
continuous and uninterrup[ed use of the iracks, property cmd facilities ot the Licensor, �d nothing shall 6e done or suf[ered to 6=
done by the licensee at any tirne that wotxld in arry mcmner impair the saEefy thereof.
Section 7. PROTECTION OF FIBER OFTTC CRBLE SYSTEMS,
(a) fiber opYic cuble systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is at
extreme impoxtance since any break couid disrup[ senrice Fo users resulting in business interruption and loss of revenue and
profits_ Licensee shall telephone the Licensor at 1-800336-9193 (a 24-how number) to determine it Eiber oQtic ca6le is buried
anywhere on the Licensor's prer!mises to be used by 1he Licensee. If it is, Licensee will telephone the telecomenunications
compcmy(ies) involved, m range for a cable locator, make atrcmgemenis for reloca[ion or other protecfion of the [iber opfic cabLe,
all at Licensee's eacpense, and wi11 commence no work on the right of wcry unlil ccll such proteciion or relocatton has been
accomptished. Licensee shail indemnify and hoid the Licensor harmless Irom and agcunst all costs. liability and expense
whatsoever (including, without limitation, atto=neys' fees, courF costs and expenses) arising out o[ or caused tn aay x�ay by
Licensee's fcnlwe to comply v✓ith the provisions of this paragraph.
(b7 In addition lo other indemnity provisions in this Agreement, the Licensee shal indemniiy and hold the licensor harmless
from �d against all costs, liabiiity cmd expense whatsoever (including, without limitation, attorneys fees, court costs and er.penses)
caused by the negligence oE the Licensee, its contractor, agents cmd/or employees, resulting in (1) any damage to or destruction
of arty telecommunications system on Licensor's property, and/or (2j any injury to or death oE any person emptoyed by or on hehalf
of miy telecommunications company, and/or its conYractor, agents and/or employees, on Licensor's property, except i( such costs,
liability or expenses are caused solely by the direc[ active negligence of the Licensor. Licensee Eurther agrees thcl it shatt not 4ave
or seek recourse againsl licensor Ior any claim or cause of action for alleged loss oE pra(its or revenue or loss of service or other
consequentia) dmnage to a telecommunication com�y using licensor's proper[y or a cuslomer or user ot services oI ihe fiber
optic cabte on Lioensor's property. . .
Section $. C1�FiIMS AND LIENS FOR LABOR AIVD MATEHIRL� TAXES.
(a) The Licensee sha11 tully p¢y {or all materials joined or a[fixed io and labor performed upon property o( the Licensor in
connection with the construction, mcvntenm7ce, rep�r, renewal, mod!ficaflon or recons{�yciion of the Pipetine, and Shatl not permit
or suffer �y mechanids or materic�lmans lien of any kind or nature to be enforced aga[nst the prooerty for any work done or
materials furnished thereon at the ins[ance or requesY or on behaff of the Licensee. The License2 shall indemn's€y and hold
hcvmless [he Licensor agcrinst and from any and al! liens, claims, demands, costs and expenses oI wnc�!scever nature in any way
connected with or growing out oI such work done, labor periormed., or maferiats Eurnished. �
(b) The Licensee sha!! promptiy pay or discharge all ta:ces, chc¢ges �d assessments levied upon, in rzspect to, or on accouni
of ihe Pipeline, to prevent ihe s�ne from becoming a ch�ge or lien upon property ot the Licensor, and so that the t�es, charges
and assessmenfs levied upon or m respect to such groperEy shalt not 6e increaseci becnuse of the ?ocalion, construction or
maintenance of Ehe Pipeline or �y improvement, appliance or fixture connecied therewith ptaced vpon such property, or on
account of the Licensee`s interest therein. Where such tax, ehcuge er ccssessmant may not be sep¢�at�iy in¢de or assessed io ihe
Licensee but shall be incladed in fhe assessm=nt of the properfy oI #he Licensar, 4hen the Licensee shcdi pay to the Licensor pn
equifable proporfion oI such tcaes de[ermined by the va�ue ot the Licensse's proper[y upon property oi the Licenso= as compared
pix.csb . Page 2 oF4 - EshiUir B
r� x 9goi �z
Form �pproced. AVp-La+v
aith the eatire ✓alue oi such property.
Sac:ion 9. RESTOP,A1'ION OF LiCENSOR'S PROPE.RTY.
In the eceni the Licens�: a�thorizes the Licensee to taka dov.n cmy fence of the Licensor or in cmymmuier r.�o�re or disiurb
any of tere o[her properiy oI lhe �censor in connecllon v�ith t6e construction, maintenance, repai, renewa:, cr��lificntion,
reconstruction, rslocation or remova] of the Pipeiine, then in :hat =sent [he Licsnsae shail, as soon as possible and at Liceru==_`s
sole expense, restore such fence and other properiy to the smne condition as the same were in before such [ence was taken dovm
or such othe* properiy was maved or disturbed, and the Licensee shall indsmnify and hold harmless the Licensor, its osficers,
agents �d employeas, agmns[ and from �y and all IiQb!lity,loss, damages, dcems, dem�ds, wsts �d experises of whatsoever
ncriure, including couri cosYs and attomeys iees, which muy : esuit from injury Eo or death ot persons whomsoever, or damage to
or !oss or destruction of property whatsoever, when such injury, dealh, cicrrnage, loss or destruction grows out oI or �*ises from !he
talting down of any ience or {he moving or dislurbcmce o[ any oEher pronerty oi the llcenso=.
Seckion 16. INDEMNITY
(a) As used in this Section, "licensor^ includes other rc¢lroad companies using Ihe licensor's property at or near the location
of the Licensees instcdiation and their officers, agents, and employees; "Loss" includes loss, da.mage, ciczims, demands, actions,
causes oI action, penulGes, costs, and expenses oE whatsoever nature. including court costs and attorneys' fees, which may result
from: (a) injury to or death oj persons whomsoever iincluding the Licensor's ofticers, agents, cmd employees, the Licensee's
officers, agenfs, and employees, as well as any o[her person); rn�dlor ib? dcunag= to or loss or destruetion of properry whatsoever
finetuding Licensee s property, darnage to the roadbed, tracks, equipment, or other property of the Licensor, or properiy in iis care
or custody).
(b) As a major inducement and in consideration ot the license aed permission herein granted, the Licensee agrees to
indemnify and hold harmless the Licensor [rom any Loss which is due to or arises from:
The prosecution of any work contemplated by this Agreement including the installation, canstruciion,
mainten�ce, repair, renewa3, modification, recbnstruclion, rzlocation, or removtrl ot the Pipeline ar any part
thereof; or
2. The presence, operation, or use of the Pipeline or contents escaping therefrom,
except to the exlent that the Loss is caused by the sole m�d direct negligence o[ the Licensor.
Section I 1. REMOVRL OF PIP£ LINE UPON TERMINATION OFAGREEMENT.
Prior to fhe terminaHon oE ihis Agreement howsoever. the Licznse= shalt, at Licensee's sole expense, remwe the
Pipeline {rom lhose portions of ihe property not occupied by the roadbed and track or traeks of !he Licensor and shall restore, to
the satisfacFion of the F.icensor, such portions oi such properiy to as good a condition as they were in at the lime of the construction
oi the Pipeline. k ihe Licensee ioils to do the Ioregoing, the Licensor may do such work oI removcst and restoration at the cost and
expense of Yhe Licensee. 'Phe Licensor may, ai its option, upon such termmation, at the entire cost and expense a( ihe licensee,
remove the portions of the Pipeline loca[ed undemeath its roctdbed and track or tracks and restore such roadbed [o as good a
condition as it was in at ihe time of the consfitciion of [he Pipeline, or it may permii the Licensee to do such work of remova! and
restoration to the scdisfacflon of the licensor. In the event of {he removal by the Licensor of the property of the Licensee cmd o[ the
restoration of the rasdbed cmd proper(y as herein provided, the Licensor shal! in no manner be liable to the Licensee for any
damage sustained by the Licensee for or on accoun( thereof, cmd such removal �d restorcrtion shall in no manner prejudice or
impmr any right of action Eor dc¢nages. or otherwise, that the licensor may have agcrinst [he Lieensee. -
Section 12. - WAIyER OF $REACI-I.
The wmver by the Licensor of fhe breach of cmy condition, covenan( or agzeement herein contained to be kepf, obseived
�d performed by the Licensee shall in no way impair the right of the Lieensor fo avail i#self ot any remedy for any subsequent
breach thereot.
plz.e�b Pagc 3 of4
L-zhibit 6
PL X 9$0) I2
Fonn :lpprovzd. A\�P-Laa�
aection t3. TERMINATION,
(a) li the licensee does not use [ne right herein gr�fed or the ?ipefine Eor one Q} y�, or if the Licensc� continues in def�:it
in the �rlormance of �,y covenmit or aareement here±n containad for a period oI [hirty (30) days a�ter �✓ritten notice irom the
lic2nsor to khe Licensee specury�g such detaulL the Licensor may, at i:s opnon, forthcvith immediately terminate ihis Agreamen�
by written noticz.
(b) In addilion fo the provisions of subpaagraoh (a) abovz, L�is Agr�ment may be [erminace3 by we�*Eten notice given b� either
p�ty hereto to ihe otner on any dcGe in sucn notice sta!e3. r.o[ less. howzver, ,han thirty (307 days su�s�quent to tne date upon
which such notic= shall be given.
(c) No!ice oi default and notice ot {ermination may be served personaliy upon the Licensee or by mailing to the last known
address of the Licensee. Termination ot thisAgreement for any reason shcdt not atfect any o[ [he rights or obligateons of ihe parties
hereto which may hwe crccrued, or liabilities, accrued or otherwise, which may hrne arisen prior thereto.
Section 14. AGFIEEMEPIT 1�OT `t0 BE ASSIGNED.
The Licensee shaE! not ossign ihis Aareement, in whole or in part, or �y rights herein granted, without ?he written consent
of the Licensor, and it is agreed ihat ony trcrosier or assignment or at[empEed trmisier or assignment oE this Agreement or cmy oE
the righis herein grm�ted, wheEher volunlary, by operation ot law, or otherwise, wiihout such consent in writing, sha11 b.= ctbsolutely
void pnd, cet the oplion of the Licensor, shaIl terminate this Agreement.
Section I5. SUCCESSOAS AI3D ASS3GNS.
Subject to the provisions of Sec[ion 14 hereof, this ?\greement shall be b3nding upon and inure to lhe benetit of the partres
hereto, lheir heirs, execntors, administrators, successors and assigns.
pb:.esb pagc A of 4 Esitibit B
_
PLNVi.lDRAINACsE lSSS.
Form AAProvetl, AVP-Law Updated 03f01120Q3
EXHISIT B-1
Union Pacifrc Railroad Company
Insurance Provisions For
PipeiRne i V�tireline i Drainage License Agreements
Licensee shall, at its soie cost and expense, procure and maintain during fhe Iife of this Agreement the following insurance coverage:
A. Commereial General LiabiliN insurance. This insurance shall caotain broad form contractual fia6ility wifh a siogie Iimit of at teast
$2,OQ0,000 each occurrence or claim and an aggregate fimit of at least $4,000.000. Coverage must he purchased on a post '1988 (SO
or equivalent foRn, irtdading but not limifed to coverage for the following:
• Bodily injury including deafh and personal injury
• Property damage
• Fire legai liabiliiy jNoT fess than fhe replacement value of the portion of the premises occupied}
• Products and completed operations
The po[icy shall also contain the following endorsements which shall be indicated on the certificate of insu2nce:
• The employee and worker's compensaUan related euclusions in the a6ove policy apply onty to Licensee's employees
• The exclusiot�s 4or raitroads (except where the Sob site is more than fifty feet (5D� from any raitroad including but not
limifad to tracks, bridges, tresfles, roadbeds, ferminals, underpasses ar crossings), and euplosion, colfapse and undergraund
hazard shall be removed
• Waiver of subrogation
B. Business Auforrtobile Cove2ae insurance. 7his insurance shall contain a combined single limit of at least y2,000,000 per
occurcence or claim, including but not limifed fo coverage for the foliowing:
• Bodily injury and properiy damage
� Any and all moEor vehides including owned, hired aad non-owned
Ths poticy shafl also contain the following endorsements which shall be indicated an ifie certificate of insurence:
• The emptoyee and workeYs compensaUon related exdusions in the above poficy apply oniy to licensee's employees
• The exclusions fior raitroads {excQpt where the Job sife is more than fifty feef (50� from any railraad inciuding but nof
Iimited to tracks, bridges, tresfles, roadbeds, tertninais, underpssses or crossings), and explosion, croilapse and undergraund
hazard shall be removed �
• MoEOr Carrier Act Endorsement- Hazardous materiafs dean up (MCS-96) if required by law.
C. Workers Comoensation and Emoloyers Liabilitv insurance including buf not limited to:
• Licensee's statutocy liabitsty under the workers' compensation laws of 2fie state(s) affected by ihis Agreement
� Emptoyers' liability (Part B) with limits of at least
$500,000 each accident, $5DQ,000 disease poticy iimit
$500,000 each employee � ,
If Workers Compensation insurance will not cover the liability of Licensee in states fhat require participation in state worKers'
compensafion fund, Licensee sRall comply with fhe laws of such states. if Licensee is seif-insured, evidence of state approval must be
provided along with evidence of excess workecs compensatio� coverage. Caverage st�all include tiability arising out oS fhe t!. S.
longshorernen's and Harbor Warkers' Act, the Jones Act, and tfie Outer Continenta{ Sheff Land Act, if applicabie.
The poticy shai! also contain the follawing endorsemenf which shal� be indicated on the certifiaate of insurance:
• Alternate Empioyer Endorsement
D. Umbrella or Exeess Policies In Ehe event Licensee utilizes llmbrella ar excess policies, fhese policies shall "follow form and
afford no Iess coverage than fhe primary oaficy.
Aage 1 of 2
.ti
. �; :
PLN4tLl6RAINA6E INS.
Foctn Approved, AVP-Law Updated 03/01t2q03
6tfisr Requirements
E. Punitive damage exclusion must be delefed, which deie5on shai[ be indicated on the certificate of insarance.
F. Licensee agrees fo waive its right of recovery, and Sfs insurers, through poficy endarsement, agree to waive their right of
subrogation againsf Licensor. Licensee further waives its righf of recovery, and its insarers also waive fheir nght of subrogafion against
Licensor for loss of iis ownad or Ieased property or propecty under ifs care, custody and controL Licensee's i�surance shaN be pr+mary
with respect fo any insurance carzied by Licensoc Ail waivers of subrogation shafl be irtdicafed on the cerfificate of irisurance.
G. All policy(ies} required above {excluding Workers Compensation) shall provide severability of interests and shafl name Licensor as
an additional insured. Severability of interest and naming Licensor as addifional insured shall be indicated on the certificate of
iasurance.
H. Prior to commencing the Work, Licensee sha31 fumish to Licensor ariginal certifiqte{s) of insurance evidencing the required
coverage, endorsements, and amendments. The ceRificafe(s) shalf coafain a provision that o6ligates the insurance company(ies)
issuing such policy(ies) to notity licensor in vrnting of any cancellation or maferial aVterafion. Upon request from L"+censor, a certified
dupiicafe original of any required poiicy shal{ be furnished.
f. Any insurance policy shall be written by a reputabie insurance company acceptable to Licensor or with a curtent BesYs Insurance
Guide Rating of A- and Class Vll or better, and aafhorized to do business in the sfate(s) in which the service is to be provided.
J. Licensee WARRANTS fhat fhis Agresment has been thoroughly reviewed 6y Licensee's insurance agent(s)tbroker(s), who have
been instructed by Licensee to procure the insurance coverage required by this Agreement and acknowledges that Licensee's
insurance coverage wilt be primaty.
K. The facf that insurance is obtained by Licensee or Licensor oo beha{f of Licensee shaH not be deemed to refsase or diminish the
fiability of Licensee, inGuding, withouf limitation, liabiliYy under the indemnity provisions of this Agreement. Damages recoverable by
licensor shatl not be iimited by the amounf of ihe requited insurance coverage.
Page 2 of 2
�
,
PL X 94�2a6
Form Approved, AVP-Law
Foider No. 02283-67
PIPELINE CROSSING
AGREEMENT
Mile Post: 527.99, State Street Industriai I.ead
Location: St Paul, Ramsey County, Minnesota
THIS AGREEMENT is made and entered into as of Febmary 12, 2005, by and between
Ul\'ION PACIFIC RATLROAD COMPANY, a Delawaze corporation, (hereinafter the "L'acensor") and
CITY OF ST. PAUL, a Minnesota municipal corporation to be addressed at 25 West 4th Street, 700 City
Hall Annex , St. Paul, Minnesota 55102 (hereinafter the "Licensee").
IT YS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLO WS:
Arficle L LICEN5E FEE
Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee
of Two Thousand Nine Hundred Fifty Three Dollars ($2,953.00).
Article II. LICENSOR GIiANTS BIGHT. �
In consideration of the License Fee to be paid by the Licensee and in further consideration of the
covenants and agreements herein cbntained to be by fhe Licensee kept, observed and performed, the
Licensor hereby grants to the Licensee the right to con§truct and thereafter, during the term hereof, to
maintain and operate only a
54" Storm Water pipeline crossing (hereinafter the "Pipeline")
in the location shown and in conformity with the dimensions and specifications indicated on the attached
print dated November 01, 2004, marked Exhibit A. Under no circumstances shall Licensee modify the
use of the Pipeline for a puzpose other than the �bove-mentioned, and said Pipeline shall not be used for
any other use, whether such use is cunently technologically possible, or whether such use may come into
existence during the life of this Agreement.
Artic3e IIL CONSTRUCTION, MAINTElVANCE AND OPEF2ATIOI3.
The b ant of right herein made to the Licensee 3s subject to each and aIl of the terms provisions,
conditions, limitations and covenants set forth herein and in Exhibit B, hereto attached.
Article IV. IF WORK TS TO BE PERFORMED BY CONTRACTOR.
If a contractor is to do any of the work performed on the Pipeline (including initial constructaon
and subseqnent relocation or substantiai maintenance and repair work), then the Licensee shall zequire its
contractor to execute the Railroad's form Contractoi s Right of Entry Agteement. Licensee acknowledges
receipt of a copy of the Contractor's Ri�ht of Entry Agreement and understanding of its terms, provisions,
and requirements, and will inform its contractor of the need to execute the A�eement, Under no
circumstances will Licensee's contractor be allowed onto Licensor's premises without first execurinj the
Contractor`s Right of Entry Agreement.
Article V. INSIIRANCE
A. The Licensee, at its expense, sfiall obtain the insurance described in E�iMt B-1, hereto
attached. The Licensee will also provade to the Licensor a Ce�cate of Insurance, identifying Folder
No. 02283-67, issued by its insurance carrier confimung the existence of such insurance and that the
policy or policies contain the following endorsement:
I7NION PACIFIC T2AILROAD COMPANY is named as an addiGonal insured with respect
to a11 liabilities azising out of the existence, use or any work performed on or associated
with the 'Pipeline' located on Railroad right-of-way at Mile Post 527.99, on the State Street Ind.
Ld SubdivisionBranch, at or neat St Paul, Ramsey County, Minnesota.
B. If the Licensee named in this Agreement is a public enriry subject to any applicable statutory
tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in
effect or which is required by applicable current or subsequent Iaw, whichever is o eater, a portion of
which may be self-insured with the consent and approval of the Licensor
C. All insurance correspondence shall be directed to:
Constance R. Alvis
Folder No. 02283-67
Union Pacific Railroad Company
Real Estate Department
1400 Douglas Sfreet STOP 1640
Omaha, NE 68179-1690
Arficle Vl TEi2M.
This Agreement shall take effect as of the date first herein written and shall continue in fu1! force
and effect until terminated as herein provided.
ArricleVIL SPECIALPROVTSION—RAILROAI�FLAGMAN;WHENREQUIRED;
FLAGGING CHARGES.
A. No work of any kind sha11 be performed, and no person, equipment, machinery, tool(s),
material(s), vehicle(s), or thing(s} shall be located, operated, placed, or stored within 2� feet of any of
Railroad's track(s) at any rime, for any reason, unless and until a Railroad flaginan is provided to watch
for trains, pursuant to the terms of the attached Exhibit `$'. A11 expenses connected with the fuznishing
of said flagnan shall be at the sole cost and expense of the Licensee, who shall prompdy pay to Railroad
all charges connected therewith, within 30 days after presentation of a bill therefore.
B. One and one-half umes the current hourly rate is paid for overtime, Saturdays and
Sundays; two and one-half times current hourly rate for holidays. "
C. Wage rates are subject to change, at any time, by law or by aa eement between the
Railroad and its employees, and may be retroactive as a zesuli of negoriations or a zulin� of an authorized
Govemmental Agency. Additional charges on labor aze also subject to change. If the wa�e rate or
additional charges aze changed, the Lieensee shall pay on the basis of the new rates and chazges.
D. Reunbursement to the RaiIroad will be required covering the full eight hour day during
which any flagman is fiunished, unless he c.an be assi�ed to other Railroad work during a portion of such
day, in which event reimbursement will not be required for the portion of the day during which the
flagman is enaaged in other work. Reimbursement will also be required for any day not actually worked
by said flagman followuag his assia ment to work on the project foz which the Railroad is required to pay
the flagman and which could not reasonably be avoided by the Railroad Company by assib ment of such
flagman to other work, even though the Licensee may not be working during such time.
E. Airangements for flagging aze to be made at least Ten (10) days in advance of
commencing work, with the Railroad Manager o£Track Maintenance.
ArficleVIII. SPECTALPKOVISION—RAILROADTNSPECTORREQUIRED.
Licensee understands and agrees that a railzoad inspector is required to monitor the ground and
track for movement during the installation of the pipe.
IN WITNESS WAEREOF, the parfies hereto have caused this Agreement to be executed as of
the date first herein written. "
UNION PACIFIC RAILROAA COMPANY CITY OF ST. PAUL
By: By:
Manager - Contracts Tide:
PLACF ARROW INDICATING NORTH
OJREi 'ON RELA77VE TO CROSSING
ro
f NEAREST R. R TOWN)
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S�
o� 2
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FORM DR-0404-E
REV. 5- f 5- °8
]ENCA��I� N�N°1F�,A\fi'���1��,E
NOTE ALL AVAiLABLE OtMENS[�NS MUST 8E
FILLED IN i0 PROCE55 Tk[S APPLICATION.
'- � --
F T.
— FT.—
(SEE NOTE 3 8 5)
— � W1N TflACR
, �(oESCqIBE Ff%ED OBJECiJ
(SEE NOiE 6)
1�6TnNCE dLONG iRACB FROM SECiION LINE Cfl055lNG1
�II�E�,�NE ������N�
(NOTE: THIS DIMENSION qE0lIIREO IN ALL Cf.5E5.
4T tOCAiI0N5 NOT USING SECTIONS. OISidNCE
TO P LEGdL WRVE1' LINE IS REOIIIqEO)
� � ' � �
�
n
f7_�� FT.
t--�. F7.—
� (SEE uoiE 3 9 5)
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a
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(zo rr.,Mnx.)
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sae r+o+e a} �
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FT.
NOTES : (�aStNG LExGiH WHEN MEAS�REO 4lONG PIPEL[NE_J
�1 ALL HORIZONLL OISTpNCES i0 BE ME<SWED eT RIGNT ANGlES FqqIQ bi TR�ICL
21 CASMC i0 E%TQID BEYONp THE E OF iRACK Ai PICHi ANGlES tHE GR[LT[R O( 20 � 20 R.� OR 30 FL.
<ND BEYOM� llMii OL MILROrU RIGHT-0FWAY )b NECESSART i0 FFOVIDE HiDVER LEMGiN WiSI�F 0� 1R�Cl.
3> MIHSTIHi OF 50` FRON 1HE ENp OG dNY AAItRONI BRIDCE� 4 OL ANY CLLYERT� OX Fq011 M!Y SMfTCN[NG AREA
E� SIGNpL REPRESEMTpiIYE bI15T BE PPESENT qX11NG IMSTALIA�ION IF RAILN�sp SIGNaLS AFE IM THE YICIXITY 0! CFp>SING
5) ALLOWABLE FIXED OBJECTS INClUOE: BAIXW4LS OL BFIDGES Q OL RO.W CFOSSINCS 8 6VEAHEAp YIAO(Ki5 (GIVE RD,10 N41E1. OR C0.VERiS
61 CISING 6N0 UR(i(fP PIPE MUST CE PLACE6 � YIN11kY Of 2 FFET BEItlN i11E EYlSTIMG fIBER OPTIC CABLE RNY E%O.YATipi AEWIFED NITNIN
A) IS PIPEIINE CROSS[NG W17HIN DED[CA7ED STREET ? YES�.�_N0�
Bl IF YES� NAME OF STREET
D) DISTRIBUTION LINE OR TRANSMISS[ON L[NE
C7 CARRiER P7PE :
COMM�D[TY TO BE CONVEYED S'CC�M WATER
OPERATING PRE55�I _�i.�P51 � � �
WALL THICKNESSS���__��IAMETER?'t�.(Z�MATERIAL��e�T�
E7 CAS]NG PIPE :
WALL iHiCKNESS��%�t-;D1AME7ER �MATERIAL
NOTE :CAS{NG MUST HAVE 2" CLEARANCE BETWEEN GREATEST�
OUiSIDE DIAMEiER OF CARRtER PIPE ANO INTERIOR �IAMETER 6F -
CASING PIPE. WH€N FURN[SH1NG DIMENSIONS� GIVE OUTSIDE OF
CARRIER PIPE AND tN5[OE OF CASING P[PE.
�1 METHOD OF iNSTALLING CAS7NG P3PE UNDER TRACKLSJ:
�_DRY SORc kidD .iACK-: "ricT BGRE ;.0; PEftt.�'.�: �� c^v) , i
_TUNNEL '> QTHER �
) WILL CONSTRUCTION BE BY AN OUTSI�E CONiRACTOR? � YES;___N0;
1 DISTANCE FROM CENTER LINE OF TRALK TO NEAR FACE OF BORJ�NG
JACKING PSTS WNEN MEASURED AT R3GHT ANGLES 7D TRACK�:S�
7 APPL7CANT HAS CONTACTED f-800-336-9f93� ( � o � "";".�
U. P. COMMUNICATION �EPARTMENT, ANO HAS OEiERMSNED F BER
OPTIC CABLE, DOES ;,DOES NOi ; EXt57 IN VICINITY OF
WORK i0 BE PERFORMED . T[CKE7 N0.
NO SCALE
^,� �iU Fr.
y 0 F7.
ftR'S RiW
ro _
(NEdRESi R R. i0WN1
STEEL CAS[NG WALL
TH7CKNE55 CHART
125' S/�6' OvER I2
750" 3/a' oVER ie^
3l5' 7�Ib' ovER 22' '
100' I/2" OYER 28'-34'
i?5" S/16' DVER 34'-42^
150" 5/8" DVER 42'-4g'
OY[R-48• MUST 8E
APP ROVED BY R. R. C0.
x
FpRMUTA TO FIGURE CASINC
LENGiH WITN ANGLE OF
CROSSING OTHER THAN 90°
e �
td SIN �
4� B
�(y MIN.OIST.
(NDiE 2)
!d TH�CF
EX�3I��B' "A"
fFOP P�ILq010 USE CNLYI
UNION PACIFIC RAILROAD C0.
S'�w�t Str+c� 1v+J. �..
�wminsron�
Me P 5YT•99 E. S, zZ344+Ys±
'�NCASED $'�ov►� dlv.5» CROSS I NG AT
S'�• ��e�t Fkv+SC-1 a�N
INE<PE CfiY C /} ICOL �Si�iE)
� r� 1`9 a` J I. f- wy 1
� .�w�unr�
3R F1LE N0. DATE a�'�'oM
W A R N I N G
IN nit OCU516N5� 0. P. CONMNitL4SiOV5
DEPARTUENT MJSi BE CONTACiEO IN AOVANCE
OF AM wOFrc i0 DEiER4INE EXISiENCE AND
LOC4TI�N OF GIBER OPT�C Gk6tE.
PNDNE : I-80o-336-9193
r� x esai �z
Fotm Approred, AVP-La�c
EXHIBIT B
Section 1_ LIM?TATIQN AND SUBORDIAiATION OF RIGHTS GR�NTED.
ta} The ioregoing grcmt oF right is subject a�d subordinate fo the arior and conflnuiag right and obtigation of tne Licensor io
use and mcdniain its entire propedy izclvding the right and power of the licensor to cons[r�ct, maintain, reeair, renew, use,
operate, change, modify or relocate railroad trcrcks, signal. commurucation, Eiber optics, or other vsirelines, pip2lines and other
tacitities upon, atong or across any or all parts of its property, all or any of which may be Freeiy daae at any time or tirrtes by the
Licansor unthout liability to the i.icensee or fo any other party for compensation or dam�ges_ _
{b) The foregoing grant is also subject to all outstanding superior rights (includiag those in Eavor of licensees cznd lessees of
the Licensor's propert}; cmd others) and the right of the Licensor !o renew �d extend the same, arxi is made withovt cwenant ot
title or for quiet enjoyment.
Section 2, CONSTRUCI'ION MAINTENANCE AND OPERATION.
{a) The Pipeline shalt be constructed, operated, mair.tained, repaired renewed, modi{ied and(or reconstructed by the
Licensee in sFrict contormity with Union Paci(ic RaiL�o,zd Co. Common Stmzdard Specification 4029 adopted Nwember 1949, and
all mnendments thereof m�d supplaments theielo. which by ihis reterence is hereby made a part hereol, except as may be modilied
and approved by the licensor's Vice President-Engineering Services. In the event such Speci[ication conllicts in any respect with
lhe requirements of any federal, state or municipal law or regulation, such requirements shalt govern on aii points ot conflScl, bul
in aSi other r�spects the Speci(ication shctll a¢ply.
(b) Al! work performed on property of the i.icensor in connection with the construction, mcrintenance, repmr, reneoval,
modification or reconstruction of the Pipeline shall be done to the satisfaction of the licensor_
(c) Prior to the commencement of any work in connection wikh the construction, maintenance, repmr, renewa!, modif ication,
retocation, reconstruction or removaf of �he Pipeline where it passes underneath ihe roadbed �d track or tracks of the licensor,
the Licensee shali submit to the Licensor plcuvs setting out ihe method mzd mcmner of hmidling the work inciuding [he shoring �d
cribbing. if any, required to protect the Licensor's operations, m�d shal! no[ proceed wi[h the work until such plans have been
approved by the Vice Presideni-Engineering Services of the Licensor �d lhen the work shatll�e done io the stetisfaction of the Vice
Presidenf-Engineerinq Senrices or his authori2ed reprzsentative. The liceasor shalt have the right, if it so elects, to provide such
support as it may deem necess�y for the scsfefy of its track or tracks during ihe lime of construction, mcrinienance, repcdr, ren=wal,
modification, relocation, reconstrucfion or reznwal of the Pipeline, ctnd, in the event the Licensor provides such support, the
Licensee shal] pay to ihe Licensor, within fitteen (15} days cdter bills shall have been rendered therefor, a11 e�cpense incurred by the
Licensor in connection therewith, cvhich exparese shall include all asstgnable costs.
!d) The llcensee shall keep and maintain the soil over the Pipeline thoroughly compacted and Ihe grade even unth the
adjacent surface of the ground.
Section 3. NO'ITCE OF COMMENCEMENT OF WORK.
If � emergency should arise requiring immediate attention, the Licensee shall provide as much no[ice ps practicable
Yo Licensor before commencing ar.y work. In a11 other situations, the Licensee shall notify fhe Licensor at least ten (10) days (or
such other time as the Licensor may allow) in advance o( fhe cornmencement of any work upon property o[ the Licensor in
connecEion with !he construction, maintenmice, repmr, re�wai, modif[cation, recons(naction, reloccftion ar remov¢1 of the Pipeline_
AlI such work shaf! be prosecuted diligently to compte[ion
Section 4. LICENSEE TO BEAR ENTiRE EXPENSE.
The Licensee shatt bear [he enfire cost and expense incurred in connection with the construction, mmntenance, repair
and renewal and any and all modification, revision, reloca6on, remova3 or reconstruction oF the Pipeline, inc3uding any and all
e�ense which , • , ay 6A ;,,�„*•�� bp rh t jcancnr jn �p�ncCi:Qri i}l e.rith fc, supe ::sio ., i�s 4aygin�, o. oti.erw�se.
plx.exb Page I of4 ' E�hi6it 6
r� x �raoi tz
fonn .�pproved. A V P.Lnm
Section 5. REINFORCEMENT, RELOC�TION OR REMOVAL OFPIPELINE.
la) Tfte licer..se herein granted is subj=ct to the neeris and�requirements of the Licensor in tne op�ration ot its railroad �d
in Ine improvement cmd use of ifs property. and Fhe Licensee shail, at the soee earoense ot tae licensee, reinEorce the Pipelme, or
move a[I or cmy poraon of ihe Pipeline to such new :ocation as the Licensor may desion¢te, when=ver, in the furtnar�c= oi its
needs and requirements, che llcensor snail find such action�necessary or desirable.
(bl _ AII the ierms, condiiions and stipula3ions herein eupress=d urith refereece to the Pipaline on property oI the licensor in
Ehe tocation he:einbefo*e described shall, so fat as the Pipelfne reractios or, the properry, app11 to Ihe Pipe14�= as modified,
changed or relocated wi[nin ihe eontemplat:on of fhis szciion_ �
Section 6. NO FNTERFERENC£ Wi ['H LICENSOR'S OPERATfON.
The Pipeline and al! parts thereo[ within and outside o[ ttte lemits oE the property eI the Licensar shall be constmcted and
at all times, manimned, repaired renewed and opecctted in such m�ner as to cause no interference whatsoever with the constcmt,
continuous and uninterrupted use of the tracks, propetty und facilities of the Licensor, �d nothing shall be done or suifered to be
dane by the Licensee at any time that woutd in arry mcmner impair the safeYy thereot.
Section 7. PROTEGTION OF FIBER OPTIC CABLE SYSTEMS.
{Q} Fber optic cable systems may be buried on the LSCensor's property. Protection of the Gber optic cabte systems is oE
e�cfreme importance since any break could disrupk service Fo users resulting in business interruption and loss of revenue and
proEits. Licensee shall telephone the Licensor at I-80Q336-9193 (a 24-hour number) to determine i[ fiber optic cable is buried
anywhere on the Licensor's premises to be used by the Licensee_ t( it is, Licensee will telephone the telewmmunicahons
compony(ies};avalved, c�range for a cable locator, make arrcmgemenis for relocation or other protection of the fiber optic cable, -
all at Licensee's e�ense, and wil! commence no work on the righf ot way ur.Yil all such protection or relocatian has been
accomp[ished. Licensee shail indemnify cmd hold the Licensor harmless Irom and against all costs, liabiliry and expense
wh6tsoever (including, Krithout limitation, at[omeys` fees, court costs and expenses) arising out of or caused in any way by
licensee's iailure to comply with the provisior�s ot this pcsragraph.
(b) In addition lo other indemnity provisions in this Agreement, the Lice�vsee shaif indemnify �d hold the Licensor hgrmless
from ond agcunst at1 costs, liabitity �d experse whc�tsoever {��uding, without Iimi[ation, attorneys' Iees, court costs and eapenses)
cac�sed by the negligence of the llcensee, its contractor. agents and(or emptoy�s, resulting in (ll csny damage to or des[ruction
of �ey telecommunications system on Licensor s property, and/or (2} any in7ury to or death of arnf person emptoyed by or on behaU
of m7y telecammunicatioas compcsny, and/or its conkractor, agents and/or emplayees, on LicensoPs properEy, except it such costs,
liability or expenses are caused solety by the direct active negligence of the Licensor_ Licensee furiher agrees that if shall not have
or seek recourse qgainsl Licensor for any claim or cause o# action for atleged loss of profiFS or revenue or ]oss of service or other
consequeniiaE d¢mage io a ielecommunication company using licensor's proper[y or a customer ot user of services of the fiber
optic cable on licensor's property_
Section 8. CLAIMS RND LIENS FOR LA90R P,ND MA'IERUii,� TAXES.
fa) The Licensee shall fully pay for al7 materials joined or affixed to and labor perfo�med upon property o( the Licansor in
connecflon with the construchon, mainten�ce, repmr, renewal, modifica6on or reconsiruciion pf the Ape[ine, and shall not permit
or suffer mry mecl�anic's or materialmaa's lien of any kind or nature to be enforced againsi the property for any work done or
maYerials furnished thereon at the instance or requesk or on behait of the licensee. The License2 shat! indemni€y and hold
h�mless the Licensor against and from any cmd all liens, claims, nemands, costs cmd expenses of whalsceier nature in any way
connected wiEh or growing out o! such work done, labor performed, or materiats furnished_ -
(b) The licensee shail promptiy pery or discharge a!1 tc�es, ch�ges cmd assessmenis levFed upon, in respect lo, or on account
of fihe Pipeline, to prevent the same from becoming a ch¢rge or lien upon properfy of tF� Iicensar, and so that She t�es, charges
and assessments levied upon or in respect to such property shalt not 6e increased becrntse of the !ocation, construction or
maintennnce of the Pipe2ine or any improvement, appliance or fixture connecfect therewith placed upon such property, or on
accounf of the iicensee s interzst therein. Where such tax, chcuge or ¢ssessment may not be sen�ately made o* ess=ss=_d to the
Licensee but shali be ir,cLuded in fhe assessment of the properiy o1 #ha Ucensor, Ehen the Licensee shall pay to the licensor an
equifable proportion of such taxes de[=rmined by the value o[ the Licensee's property upon property o! the licensor as comparecl
pixcab Yage 2 of 4 Exleibit B
r� x 9so�cz
FOrqi Appro��ed. AVR(,a1v
aith the entire vaiue of such proper�y. _ "
Sac;ion 9. RESTORFiTION OF LICENSOR'S PROPERTY.
In [he eveni fhe Licensor authonzes ihe Licans� to take down �y fence of the Licensor or ia cmymcmner *:�ov= or disturb
a�y of the other property of the Licensor in connection •r�ith ine construcion, mainfen�nce, repair, renewat, .�odification,
reconstruc(ion, relocation or remoc¢1 of the Pipeline, �hen in that avent tha Lic=nsee shail, as soon as possibJe and at Licens== s
so?e expense, restore such fence and other property to the scune condition as ths same were in beiore such fence w¢s taken down
or such other pioperEy was moved rn disturbed, and ihe Licensee shaSl indemaify a.nd hold harmless the Licensor, its otficers.
agents m�d employees, agmnst cmd from any �.d all liability, ;oss, dcunages, cicams, dem�ds, cos[s cmd exoenses of whdss�zver
naEUre, including court cosYs and altomeys` fees, which may result Irorn injury to or death oI persons whomsoever, or dctmage to
or ioss or destruction ot properiy whatsoever. �uhen such injury, dernh, dmnage, loss or destruction gro��s ouf of or caises from �he
taking down of any fence or the mov,ng or disfurb<mce oi any oEher property ot the Licenso*.
Section 1Q. INDEMNITY.
(a) As used in this Section, "Licensor" includes other railroad comp�ies using the Licensoi s property at or near the locateon
of the Licensee's instaltation and their officers, agents, and employees; "Loss` includes loss, damage. claims, demands, actions.
crn.ises oI action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys fees, which may result
from: (a? injury ta or death of persons vrhomsoever (induding [he Licensor's otficers, agents, m employees, ihe llcensee's
o((icers, agenfs, and employees, as welt as any other personk �dlor (b) d�nage to or loss or desfruction of property whatsoever
(including f.icensee's property, dcnnage to the roacJbed, tracks, equipment, or other property oE the licensor, or property in its care
or custody).
(b) As a major inducement and in consideration of the license and permission herein gtanted, the Licensee agrees to
indemnify and hold harmless the Licensor from aay Loss which is due to or arises [rom;
1. The prosecution of �y work contemplated by this Agreement including lhe insEallation, construction,
maintenance, repmr, renewa3, modiEication, reconsfruction. relocn(ion, or removal of the Pipeline or any p¢rt
thereof; or
2. The presence, operation, or use of [he PipsUne or contents escapi-�g therefrom,
except to lhe eztent that the Loss is caused by the sote cmd direct negligence of the Licensor.
Section 11. REMOVAL OF PTPE LUVE UPON TERMINATION QF AGREEMEAiT.
Prior to the termination of ihis Agreement howsoever, the Licensee shait, at Licensee's sole expense, remove the
Pipeline from those portions of [he groperty not occupied hy ihe roadbed and track or kacks of the Licensor and shall restore, to
the sa[isfacfion of the Licensor, such portions aI such property to czs good a condition as ihey were in at the time of the construction
of the Pipeline. If the Licensee fcmis to do the Ioregoing, ihe Licensor may do such work of remov¢E and restoration at tne cost and
e�cpense of the licensee. The Licensor may, at its option, upon such termination, at the entire cost and eapense ot ihe Licensee,
remove the portions of the Pipeliae located undemeath its roadbed and irack or tracks and restore such roadbed [o as good a
condition as it was in al ihe time of the construction of the Pipeline, ot it may permit the licensee to do such work of removal and
resloratlon to the satislacHon o[ the licensor. In the event of the removal by Ihe Licensor of the Qroperty of the Licensee and a fhe
restoration of the rondbed cmd Qroperty as herein prox�ided, the Licensor shal! in no manner be iiabte to the Licensee for any
d¢mage sustained by the Licensee for or on accaunt thereoE, cmd such removal �d restoralion "shall in na manner prejudice or
impair any right of action (or damages, or otherwise, that the ].icensormay have ag�rzsE Ihe licensee.
Section 12. WAIV£R OF $REACH
The wctiver by the Licensor of [he breach of cmy condition, covenan[ or agreement herein contained to be kept, o6serve3 -
and performed by ihe Licensee shall in no way impczir the right of the licensor to avaii itsetf oi any remedy for any subsec;uent
breach thereoi.
P�.e�b Page 3 ufd
Ezhibit B
r� x ssa� i?
Fonn Apnrovtd. AVP-Lav�
Section 13. 'PERMINATION.
Ca) L` the licensee does not use the right herein gran[ed or ihe Pipeline For one ( t) yecr, or Pf (he llcensee continues in default
in the �r(orm�ce of cmy covenant or agr=ement herein contained for a period of [hirty f30? days a`_ter ✓+ri[t2n nofice irom the
Licznsor to the Licensee speci:yiag such d=[ault, ihe I=censor may, at i!s op�on, forthvrith immediately lerminate ihis Agre2mert
by written no:ice. "
Cb) In addition to the pro�risions oI subparagraph ia) ab�va, [:vs Hgreement may be cerminated oy wri?t=n notice given by either
parry her2to to ihe otner oa any dcGe in sucn notice sta[ed, nct }ess. however, :han thir,y (30) d¢ys subsequent to Yhe date upon
which such notice shal] be giveri
(c} No!ice ot defaulF �d notice of termination may he senr=d personccl?y upon the Licensee or by rnailing to the last known
address of the Licensee. Termination o[ this Agreement for �y reason shalt not atf�t any of the rights or obligatfons of the parties
hereto vehich may have accrued, or liabili[ies, acerued or otherwise, which may have arisen prior thereto.
S�tion 14. AGREEMEN'['NOT TO BE ASSIGNED.
The Licensee shalf not ossign this Agreament, in whole or in pcz�t, or cmy rights herein grccnted, without ihe written consent
of the Licensor, and it is agreed that any transfer or assignmenk or aLtemQted trcros[er or assignmenF o[ this Agreement or ony of
fhe rights herein grmsted, wheEher voluntcay, by operation of law, or othe�rise, withoui such consent in writing, shall be crbsolutely
void and, crt the option o# Yhe Licensor, shall terminate this Agreement.
Section 15. ST3CCESSORS RND ASSIGNS.
Subject to the provisions ot Sec[ion 14 hereof, this Agreement shal! be b�nding upon and inure Yo the 6enefit of the par,ies
hereto, their heirs, execators, admmistrators, successors and assigns.
plzexb Page 4 of'{
Eahibic B
PLPMJDRAINAGE [NS.
Form Approved, AVP-Law Updated 03/09l2003
EXH181T B-1
Union Pacifrc Raiiroad Company
Insurance Provisions For
Pipeline i Wireline 1 Drainage License Agreements
Licensea shall, at its sole cast and axpense, prowre and maintain during the I�fe of fhis AoreemeM the foNawing insurance coverege:
A. Commerciai Genera! Liabilitv insurance. This insurance shali contain broad {Qrm contractuai liabiliry wifh a single limR of at least
$2,000,000 each occurrence or claim and an aggregate limit of at teas[ $4,000,000. Coverage must he purchased on a p4st 1398 lS0
o� equivalent fortn, induding 6ut not limited to coverage 4orihe folbwing:
• Bodily injury including death and personai injury
+ Property damage
• Fire legal liability (Not less than fhe replacement value of the portion of the premises occupied)
• Products and compteted operations
The poiicy shaif afso contain ihe fiallowing endorsements which shalt be indicated on the cerliTicate of insurance:
• The employee and workePs compensa5on related exclusions in the above po[icy apply ony to Licensee's employees
• The exdusions for raiiroads (except whe�e the .tob site is more than fifly feet (507 from any raitwad inctudfng but not
limifad to tracks, 6ridges, tresfles, roadbeds, ferminals, undespasses or crossings), and expfosion, coitapse and u�derground
fiazard shali be removed
• Waiver of subrogation
6_ 6usiness Autornohite Coveraae insurance. This insurarsce shall contain a combined single timit of at least g2,000,600 per
occursence or claim, inclvding but not IimSted fo wverage for tfie foilowing_
• Bodily injury and property damage
• Any and all motor vehiGes including owned, hired and non-owned
The policy shaU a4so coatain the following endorsements which shall be indicated on the certificate of i�urance:
• The emptoyee and workers compensation refated excfusions in the above pol'rcy appty only to Licensee's emptoyees
• The exclusions for railroads (except where the Job site is more t6an fifty feef (50'} from any railroad incfuding but not
Iimited to tracks, bridges, Fresfies, roadbeds, tertninals, underpasses or crassings), and exQlosion, collapse and underground
hazard sha8 be removed
Pototor Carrier Act Endorsement- Hazardous materiais dean up (MCS-94) rf rec�uired by iaw.
C. Workers Comoensation and Emplovers liabilitv insurance incfuding but rrot limited to=
• Licensee's statutory liability under the workers' compensation laws of Ihe state(s} affected by Ehis Agreement
• Employe[s' Liability (Part B} with limits of at least
$500,000 each accideM, $500.000 disease policy Iimit
$500,000 each employee
If Workers Compensation insurance wili not cover the liabi(iry of Licensee in states that requise paciicipation in state wor[cess'
compensa5on fund, Licensee shall compfy wiih fhe faws nf such states. If Licensee is seff-insured, evidence oF state approval must be
provided along with evidence of excess workers compensaCwn coverage. Coverage shall indude liability arising out of fhe U. S.
Longshoremen's and Harbor Woricers' Act, the Jones Act, and the Oufer Coniinental Sheif land Act, if appticable.
The poficy shall also wntain the following endorsemenf which shail be indicahed on the certificate of Fnsurance:
. Alternate Employer Endorsemenf
D. Umbrella or Excess Policies In fhe event Licensee utilizes Umbrella or excess policies, fhese poticies shall "foltow torm and
afford np less coverage than fhe primary poticy.
Page 1 of 2
PL/WL/DRAINAGE INS.
Form Approved, AVP-Law Updatetl U3la9/20o3
Ofher Requirements
E. Punitive damage exdusion must 6e deleted, which dsletion shal[ be indcafed on ihe certificate of insurance.
F. Licsnsee agrees to waive its right af recovery, and "Rs insurers, through Qolicy endorsement, ag�ee to waive their right of
subrogation againsf Licensar. Licensee further wraives its right of recovery, and ds insurers a{so waive fheir right of subrogafion against
Licensorfor toss of its owned or leased properly or property under iis care, custody and confroL Licensee's insurance shall be primary
wSfh respecf fo any insurance carried by Licensor. A[I waivers of subrogation sha11 be indicafed on fhe certificate of insurance.
G. All policy(ies) rsquired above (excluding Workers Compensation} shati provide severability of interests and shall name ticensor as
an addilionai insured. Severability of interest and naming Licensor as addifional insured shail be indicated on the certificate of
iosurance.
N. Prior to commencirtg the Work, Licensee shail fumish to Licensor ariginai certificafe(s) of insurartce evidencing the required
coverage, endorsements, and amendments. The certificate{s) sha4t contain a provision that obligates the insurance company(ies)
issuing such policy(ies) to notify Licensor i� wrifmg of any cancei(afion or maferial afteration. Upon reqcest from� Licensor, a cert+fied
duplicate original ot any required poiicy shall be fumis6ed.
!. Any insurance policy shafl be written by a reputable insurance compaay acceptabie to Licensflr ar with a curtent Best's Insucance
Guide Rafing atA- and Class VII or betfe�, and aufhorized to do business in fhe sfate(s) in which the secvice is to be provided.
J. Licensee WARRANTS that fhis Agreement has been thoroughly reviewed by L7ceosee's insurance agertC(s)/broker(s), who have
been insfructed by Licensee to procure the insurance coverage required by this Agreement and adcnowledges that Licensee's
insurance cov¢rage wi(I be primary.
K. The facf that insurance is obtained by Liceosee or Liceosor on behal( of Licensee shati rrot be deemed to release or diminish the
liability of Licensee, inciuding, without limitation, Iiability under the indemrtity provisions of this Agreement. Damages recoverable by
Licensor shall not be Iimited by the amounf of the required insurance coverage.
Page 2 of 2
RF40LUTION
WHEREAS, ITNTON PACIFIC RATLROAD COMPANY has tendered to CITY �F ST. PAUL
an ao eement covering a pipeline crossing at St Paul, Ramsey County, Minnesota; and
WHEREAS, the City Council of CTTY OF ST. PALTL has said proposed agreement before it and
has given it cazeful review and consideration; and
WHEREAS, it is considered that the best interests of said City will be subserved by the
acceptance of said agreement;
THEREFORE, BE IT T2ESOLVED by City Council of CITY OF ST. PAL3L:
That the rerms of the agreement submitted by UNION PACIFIC RAILROAD COMPANY as aforesaid
be, and the same are hereby, accepted on behalf of said City;
That the Mayor of said City is hereby authorized, empowered and directed to execute said
ab eement on behalf of said City and that the City CIerk of said City is hereby authorized and directed to
attest said agreement and to attach to each dupIicate oria nal of saicf agreement a certified copy of thSs
Resolution.
STt1TE OF )
) ss
COUNTY OF ' )
I, , City Clerk of CITY OF ST. PAUL, hereby certify that the
above and foregoing is a true, full and correct copy of a resolution adopted by the City Council of CTTY
OF ST. PAiIL at a meeting held according to ]aw at St. Paul, Minnesota, on the day of
, 20_, as the same appeazs on file and of record in thzs o�ce.
IN TES'I'IlvIONY WIIEREOF, I have hereunto set my hand and affixed the corporate seal of said
City, this day of , 20
City Clerk of CTl'Y OP ST. PAUL
State of