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e e e RESOLUTION 94- 52 A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION WIDCH INDEMNIFIES, SAVES, AND HOLDS HARMLESS THE STATE OF MINNESOTA RELATIVE TO THE VARIANCE TO MINNESOTA RULE 8820.2900 FOR THE JACKSON A VENUE IMPROVEMENT OF 1994 WHEREAS, the City of Elk River has requested the Minnesota Commissioner of Transportation to grant a variance from the design standards of Minnesota Rules Part 8820.2900 to authorize use of turnback funding for the reconstruction of Jackson Avenue, and for School Street to Trunk Highway 169; and WHEREAS, on April 18, 1994, the Commissioner of Transportation granted the requested variance upon the condition that the City agree to defend and indemnify the State of Minnesota from any claim arising as a result of the granting of the variance; and WHEREAS, the City Council finds that it is in the best interests of the City of Elk River to accept the variance upon the condition stated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, as follows: 1. The City of Elk River agrees to indemnify, save, and hold harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions, or causes of action arising out of or by reason of, the reconstruction of Municipal State Aid Street No. 104 (Jackson Avenue), from School Street to Trunk Highway No. 169 in Elk River, in any other manner than in accordance with Minnesota Rules 8820.2800 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising as a result of the granting of this variance. Passed and adopted this 16th day of May, 1994. ATTEST: {/' Sandra A. Thackeray, City Clerk 216-2893,aor