BY COUNCILOR STOVER:00-0833R
RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA IN CONNECTION WITH THE GRANTING OF A MINNESOTA STATE AID VARIANCE IN THE CONSTRUCTION OF KEENE CREEK BRIDGE ON SKYLINE PARKWAY.
WHEREAS, by Resolution 00-0584 the council requested that the commissioner of transportation grant the city of Duluth a design variance on the proposed reconstruction of Minnesota Bridge No. L6128 at Keene Creek on Skyline Parkway, allowing a reduction in the urban state aid standards for bridge approaches from the required 30 mph design to a 26 mph design; and
WHEREAS, the commissioner has granted the city a variance from Minnesota Rule 8820.9936 so as to allow a 26 mph design speed in lieu of the required 30 mph design speed, conditioned upon receipt by the commissioner of a resolution of the city council indemnifying the state for the granting of said variance;
NOW, THEREFORE, BE IT RESOLVED, that the city of Duluth hereby agrees to
indemnify, save and hold 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 reconstruction of Minnesota
Bridge No. L6128 at Keene Creek on Skyline Parkway in the city of Duluth
in any manner other than in accordance with Minnesota Rule 8820.9936, 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 this variance.