BY COUNCILOR ECKENBERG:01-0486R
RESOLUTION HOLDING HARMLESS THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR GRANTING A VARIANCE FOR THE RECONSTRUCTION OF BRIDGE NO. L8502 AT AMITY CREEK AND SEVEN BRIDGES ROAD.
WHEREAS, by resolution the council requested that the commissioner of transportation grant the city of Duluth a design variance on the proposed reconstruction of Minnesota Bridge No. L8502 at Amity Creek on Seven Bridges Road allowing a reduction in the urban state aid standards for bridge approaches from the required 30 mph design to a 24 mph design, and allowing for a ten foot lane width in lieu of the required 11 foot width; and
WHEREAS, the commissioner has granted the city a variance from Minnesota Rule 8820.9936 so as to allow a 24 mph design speed in lieu of the required 30 mph design speed, and allowing for a ten foot lane width in lieu of the required 11 foot width 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. L8502 at Amity Creek on Seven Bridges Road 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.