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RES 1981-127 - 00006369IUMLUPION ND. 127 - 1981 NOW, THEREFORE, BE IT RESOLVED, that in consideration of the conveyance by Marquette State Bank of Columbia Heights, to the City of Fridley of a 15 foot bikeway - walkway easement described as follows: The southerly 15 feet of Lot 2, Block 1, East Ranch Estates Third Addition. All lying in Section 11, Township 30, Range 24, City of Fridley, County of Anoka, State of Minnesota. The City of Fridley agrees as follows: 1. That it will at all times hereafter, at its own cost and expense, repair and maintain in a proper and workmanlike manner the above- described bikeway and walkway; 2. Except for claims arising out of acts caused by the affirmative negligence of the fee owner or its representatives, the City of Fridley shall indemnify and defend the fee owner, at the cost and expense of the City of Fridley, against all liabilities, penalties, damages, expenses, including reasonable attorneys' fees, and judgments, by reason of any injury or claim of injury to person or property, of any nature, arising out of use, occupation, and control of the bikeway - walkway to be constructed and laid out within the boundaries of said easement. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH DAY ' OF NOVEMBER, 1981. WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. - CITY CLERK 3-L,