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R95-90 AUTHORIZING AGREEMENT - CATERPILLAR INC.
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R95-90 AUTHORIZING AGREEMENT - CATERPILLAR INC.
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7/8/2016 4:06:16 PM
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Resolution/Ordinance
Res Ord Num
R95-90
Res Ord Title
AUTHORIZING AGREEMENT - CATERPILLAR INC.
Approved Date
7/17/1995
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.; • <br /> 4. Caterpillar shall convey to the City an easement in, on and over the following-described <br /> property, for the purpose of constructing, operating and maintaining the traffic signalization <br /> shown on Exhibit A hereto: <br /> Beginning at a point on the east ROW line of N. 27th Street said <br /> point being 54' south and 50' east of the NW corner of the NW 1/4 <br /> of section 6-16-3 east of the 3rd PM, thence E. 30' thence N. 65' <br /> parallel with the east ROW line of N. 27th Street thence E. 125', <br /> thence N. 43', thence West 113', thence NWerly 45' plus or minus <br /> to point on the east ROW line of N. 27th Street said point 50' east <br /> and 71' N. of the SW corner of the SW 1/4 of section 31-16-3 east <br /> of the 3rd PM, thence South to the POB. <br /> In addition, Caterpillar shall grant a construction easement to the City to temporarily enter on so <br /> much of Caterpillar's property as is necessary to construct said improvement, but not to exceed <br /> 100 feet beyond the construction limits as defined by the above-described easement and through, <br /> and only through, the date of project completion. <br /> 5. Notwithstanding the reimbursement agreed to by Caterpillar herein, the City will be <br /> considered the sole owner in contracting for the work to be performed as outlined herein; and the <br /> City shall indemnify, defend and hold harmless Caterpillar, its officers, employees and agents from <br /> and against any and all loss, cost, damage, expense and claims of any nature whatsoever <br /> (including, without limiting the generality of the foregoing, claims for consequential damages, loss <br /> of profits and those for injury to property of Caterpillar) which arise from, during, or in <br /> connection with the performance of the work under this agreement, except only such loss, cost, <br /> damage, expense and claims which result from the sole negligence of Caterpillar, its officers, <br /> employees or agents; and the City shall further require any contractor retained by the City in the <br /> performance of its work t�� indemnify Caterpillar along with the City in the same manner and shall <br />
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