RES 81-033 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE BURLINGTON NORTHERN RAILROAD, INC. ON BEHLAF OF THE CITY OF ST. ANTHONY

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1. Furnish to the Railway Company a Railroad Protective Policy in the form provided by FIiP11 6-6-2-2 . The com- bined single limit of said policy shall not be less than Two Million Dollars . ( $2, 000, 000). for all damages arising out of bodily injuries to. or death of any per- son or persons and for all damages arising out of the loss or destruction of or injury or damage to property in any one occurrence, and, subject to that limit a total (or aggregate) limit of not less than Six Million Dollars ($6 , 000, 00-0) , for all damages arising out of bodily injuries to or death of any person or persons and for all damages arising out of the loss or destruct- ion. of or .injury or„damage 'to, property . during the policy period. Said insurance policy executed by a corporation qualified to write the same in the State in..which the work is to be performed shall be in the form and substance satisfactory to the Railway Company stlall be delivered to and approved by the Railway Company prior to the entry upon. or use of its property by the Contractor. "2 . Carry regular Contractor' s Public Liability and Property Damage Insurance as specified in FHPM 6-6-2-2 providing for a limit of not less than Five Hundred Thousand Dollars ($500, 000) for - all damages arising out of bodily injuries- to njuriesto or death of. one person, and subject to that limit for each' person,' a total limit of not less than One Million Dollars ($1, 000, 000) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and providing for a limit of not less than- Five Hundred Thousand Dollars ($500, 000) for all damages to or destruction of property in any one accident and subject to that limit a total (or aggregate) limit of not less than One Million Dollars ($1, 000, 000) for. all damages to or des- truction of property during the policy period. A Certified copy of the policy providing said Contractor' .Public Lia- •bility and Property damage Ins surance; executed by a Corpor- ation qualified to write the 'same in the State in which the . . work is to be performed, in form and substance satisfactory to the Railway, shall be delivered to and approved by the , Railway prior to the entry upon or use of -the Railway' s pro- perty by the contractor. If the City, its con-tractor, subcontractors or agents, in the performance of the-- work- .herein provided '-for or, by the failure to do- or ' perform anything - for which it is responsible under the provisions hereof, shall damage or destroy any property of the Railway, such damage or des- truction shall be corrected. by, the City in the event its contractor or the ►� insurance carriers fail to repair or restore the same. IX The City agrees that in removing.. s.now from .said highway .it. shall perform said work in such a manner so as 'not to -deposit the snow on the roadbed and tracks of the Railway. X Upon completion of the items of work herein stated the City shall require its contractor to leave the Railway right of way in a neat condition satisfactory to the Railway. 5.