Title
Authorizing indemnification of Wisconsin Department of Natural Resources (WDNR) from liability associated with occupancy, use, service, operation, performance of work, omissions or environmental hazards of property acquired by the City of Madison from the Union Pacific Railroad Company using funds from a WDNR Grant for a multi-use bike and pedestrian path (Cannonball Path). (14th AD)
Body
WHEREAS, on August 8, 2007 the Common Council adopted Resolution Enactment No. RES-07-00780 File ID No. 06858 authorizing the acquisition of an abandoned rail corridor (the “Property”) from the Union Pacific Railroad Company (UPRC) for the purpose of constructing on the Property, with the cooperation of the Wisconsin Department of Natural Resources (WDNR) and the City of Fitchburg, a multi-use bike and pedestrian path (“Cannonball Path”); and
WHEREAS, that Resolution also authorized the City to apply for grant funding from WDNR, execute a project agreement with WDNR and sign documents in connection with the grant funding; and
WHEREAS, under the terms of the Grant Agreement the City is required to indemnify the WDNR from liability associated occupancy, use, service, operation or performance of work associated with this agreement, or omissions or environmental hazards of property acquired; and
WHEREAS, City APM 1-1 requires Common Council approval whenever the City indemnifies another party.
NOW, THEREFORE, BE IT RESOLVED that the Common Council approves indemnification of the Wisconsin Department of Natural Resources as set forth in the Grant Agreement for the acquisition of the UPRC abandoned rail corridor for the construction of a multi-use bike and pedestrian path (“Cannonball Path”).
Fiscal Note
The proposed indemnification language has been reviewed by the City’s Risk Manager. The City’s risk exposure is increased by this acquisition. The indemnification clause related to the associated occupancy, use, service, operation or performance of work exposure is co...
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