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<br />. <br /> <br />RESOLUTION 87-74 <br /> <br />WHEREAS the City of Elk River has requested the Minnesota <br />Commissioner of Transportation to grant a variance <br />from the design standards of Minn. Rules part <br />8820.9916, to authorize a traffic aisle width of 22.2 <br />feet on Main Street; and <br /> <br />WHEREAS on December 1, 1987, the Commissioner of <br />Transportation granted the requested variance upon the <br />condition that the City agree to defend and indemnify <br />the State of Minnesota from any claim arising as a <br />result of the granting of the variance; and <br /> <br />WHEREAS the City Council finds that it is in the best <br />interests of the City of Elk River to accept the <br />variance upon the condition stated. <br /> <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City <br />of Elk River, Minnesota as follows: <br /> <br />1. <br /> <br />The City of Elk River agrees to indemnify, save and <br />hold harmless the State of Minnesota and all its <br />agents and employees of and from any and all claims, <br />demands, actions or causes of actions of any nature or <br />character arising out of or by reason of in any <br />manner, the reconstruction of MASA 113 (Main Street) <br />from County Road 42 to Lowell Street in any other <br />manner than as a street with 450 diagonal parking and <br />a traffic aisle width of 25.5' in accordance with <br />Minnesota Rule part 8820.9916 and further agrees to <br />defend at its sole cost and expense any action or <br />proceeding commenced for the purpose of asserting any <br />claim of whatsoever character arising as a result of <br />the granting of the 22.5' traffic aisle variance. <br /> <br />. <br /> <br />Done at a regular meeting of the City Council at the City <br />of Elk River this 7th day of December , 19~. <br /> <br />f~Lb c" A~j_ <br />stelle E. Gunkel, Mayor <br /> <br />ATTEST: <br /> <br />:;GU J? a~~ <br /> <br />Patrick D. Klaers <br />. City Administrator <br />