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Res 1996-36 Qoc72 RESOLUTION NO. 36 - 1996 RESOLUTION INDEMNIFYING AND HOLDING HARMLESS THE STATE OF MINNESOTA FOR ACTIONS ARISING FROM THE GRANTING OF A VARIANCE ON S.A.P. 127-310-04 (CHERI LANE - FILLMORE STREET) (STREET IMPROVEMENT PROJECT NO. 1993 - 2) WHEREAS, the City of Fridley requested a variance from Minnesota Rule 8820.9935 so as to permit a 20 mph horizontal curve in lieu of the required 50 kilometer/hour design speed on the completed construction project on Municipal State Aid Street No. 319 Segment: Cheri Lane - Fillmore Street (horizontal curve) WHEREAS, the Department of Transportation of the State of Minnesota has granted the variance request 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 variance, 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 this variance. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 6TH DAY OF MAY, 1996. WILLI J. NEE - MAYOR ATTEST: 0421/1/w\, . 0-4,1y‘ WILLIAM A. CHAMPA - CI Y CLERK