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<br />1. County shall reclaim and overlay these segments with the equivalent of 6 inches of Class 5 <br />aggregate base, 2.5 inches of non-wearing course bituminous and 4 inches wearing course of <br />bituminous, paving two 14-foot lanes with 1 foot of gravel on each side. <br /> <br />2. County shall maintain these segments of County Highways 33/77 for two years under <br />Minnesota Statute 163.11 Subd. 5b. <br /> <br />3. Each Party shall be liable for its own acts and the acts of its representatives to the extent <br />provided by law and hereby agrees to indemnify, hold harmless, and defend each other, its <br />officers, employees and volunteers against any and all liability, loss, costs, damages, expenses, <br />claims or actions, including attorney's fees which the other, its officers, employees and <br />volunteers may hereinafter sustain, incur or be required to pay, arising out of or by reasons <br />of any act or omission of the Party, its agents, servants, employees or volunteers, in the <br />execution, performance, or failure to adequately perform its obligation pursuant to this <br />Agreement. <br /> <br />Passed and adopted this 21st day of February, 2006. <br /> <br />Stephanie A. I<Jinzing, Mayor <br /> <br />A TIEST: <br /> <br />Joan M. Schmidt, City Clerk <br /> <br />S:\EngineerImprovProj\2005 Improvement Projects\CH 33-CH 77 Realignment\Resolution-agreement.doc <br />