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HomeMy WebLinkAbout03-089 RESOLUTION 03-89 RESOLUTION TO HOLD HARMLESS THE STATE OF MINNESOTA FOR A VARIANCE FROM STATE AID DESIGN STANDARDS FOR CITY PROJECT #02-05, S.A.P. 20t-010-02, FROM STATION 10+35 TO STATION 23+35 ON BOUDIN STREET AND COMMERCE AVENUE. Motion By: LEMAIR Second By: PETERSEN WHEREAS, the City has planned the new intersection of Boudin Street and Commerce Avenue with Trunk Highway 13, Municipal State Aid Project No. 201-010-02; and WHEREAS, the City will be expending Municipal State Aid funds on these improvements; and WHEREAS, the City has applied for and received a variance from the Minnesota Rule 8820.9936 requiring a horizOntal design speed of 30 mph subject to the City indemnifying the State of Minnesota from any claims arising out of the granting of the variance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The City indemnifies, saves, and holds harmless the State of Minnesota and its agents and employees of and from any and all claims, demands, actions or causes of action arising out of or by reason of the construction project of the new intersection of Boudin Street and Commerce Avenue with State TH13 in the City of Prior Lake in any manner other than in accordance with Minnesota Rules 8820.9936 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 THIS 19th DAY OF MAY, 2003. YES NO Haugen X Haugen ; Blomberg X Blomberg LeMair X LeMair Petersen X Petersen Zieska X Zieska City Manager, City of Prior Lake 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER