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RES 1993-40 - 0000322554 RESOLUTION NO. 40 - 1993 ' RESOLUTION INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF VARIANCES ON S.A.P. 127- 342 -01 (BENJAMIN STREET) (STREET IMPROVEMENT PROJECT NO. 1993 -2) WHEREAS, the City of Fridley requested a variance from Minnesota Standard Procedure for a 50 foot right -of -way width in lieu of the required 60 foot minimum right -of -way width, and three vertical curves of 27, 26.5 and 25 miles per hour, in lieu of the required 30 miles per hour design speed on the following street segments: • Benjamin Street - 61st Avenue to Rice Creek Road (right -of -way) • Benjamin Street - Gardena Avenue to 61st Avenue (vertical curves) WHEREAS, the Department of Transportation of the State of Minnesota has granted the variance requests as herein described. NOW, THEREFORE, BE IT RESOLVED by the City of Fridley, Minnesota that in accordance with the Minnesota Department of Transportation requirements for granting the requested variances, the City of Fridley hereby indemnifies, saves and holds harmless the State of Minnesota and all its agents and employees of ' and from any and all claims, demands, actions, or causes of action of any nature or character arising out of or by reason of, in any matter, the reconstruction of the two street segments mentioned above in any other manner than as in accordance with Minnesota Rules 8820 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 these variances. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7TH DAY OF JUNE, 1993. WILLIAM J. NEE - MAYOR ATTEST: WLS CL WILLIAM A. CHAMPA - CI CLERK