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<br />. <br /> <br />RESOLUTION 88- 2 <br /> <br />WHEREAS the City of Elk River has requested the Minnesota Commissioner of <br />Transportation to grant a variance from the design standards of <br />Minnesota Rules Part 8820.9916, to authorize a traffic aisle width <br />of 22.2 feet on Jackson Avenue; and <br /> <br />WHEREAS on December 23, 1987, the Commissioner of Transportation granted <br />the requested variance upon the condition that the City agree to <br />defend and indemnify the State of Minnesota from any claim arising <br />as a result of the granting of the variance; and <br /> <br />WHEREAS the City Council finds that it is in the best interests of the <br />City of Elk River to accept the variance upon the condition <br />stated. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk <br />River, Minnesota as follows: <br /> <br />. <br /> <br />1. The City of Elk River agrees to indemnify, save and hold harmless <br />the State of Minnesota and all its agents and employees of and <br />from any and all claims, demands, actions or causes of actions of <br />any nature or character arising out of or by reason of in any <br />manner, the reconstruction of MSAS 104 (Jackson Avenue) from Main <br />Street to Trunk Highway 10 in any other manner than as a street <br />with 45 degree diagonal parking and a traffic aisle width of 25.5 <br />feet in accordance with the Minnesota Rule part 8820.9916 and <br />further agrees to defend at its sole cost and expense any action <br />or proceeding commenced for the purpose of asserting any claim of <br />whatsoever character arising as a result of the granting of the <br />22.5 feet traffic aisle variance. <br /> <br />Done at a regular meeting of the City Council at the City of Elk River this <br />4th day of January, 1988. <br /> <br />n"lbc\~~~f <br />~e E. Gunkel, Mayor <br /> <br />ATTEST: <br /> <br />,:rid R a/c~ <br /> <br />Patrick D. Klaers <br />City Adminstrator <br /> <br />. <br />