87-074 RES
.
RESOLUTION 87-74
WHEREAS the City of Elk River has requested the Minnesota
Commissioner of Transportation to grant a variance
from the design standards of Minn. Rules part
8820.9916, to authorize a traffic aisle width of 22.2
feet on Main Street; and
WHEREAS on December 1, 1987, the Commissioner of
Transportation granted the requested variance upon the
condition that the City agree to defend and indemnify
the State of Minnesota from any claim arising as a
result of the granting of the variance; and
WHEREAS the City Council finds that it is in the best
interests of the City of Elk River to accept the
variance upon the condition stated.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City
of Elk River, Minnesota as follows:
1.
The City of Elk River agrees to indemnify, save and
hold harmless the State of Minnesota and all its
agents and employees of and from any and all claims,
demands, actions or causes of actions of any nature or
character arising out of or by reason of in any
manner, the reconstruction of MASA 113 (Main Street)
from County Road 42 to Lowell Street in any other
manner than as a street with 450 diagonal parking and
a traffic aisle width of 25.5' in accordance with
Minnesota Rule part 8820.9916 and further agrees to
defend at its 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 the 22.5' traffic aisle variance.
.
Done at a regular meeting of the City Council at the City
of Elk River this 7th day of December , 19~.
f~Lb c" A~j_
stelle E. Gunkel, Mayor
ATTEST:
:;GU J? a~~
Patrick D. Klaers
. City Administrator