CC RES 97-051 RESOLUTION FOR A VARIANCE REQUEST FROM MINNESOTA RULES FOR STATE AID OPERATIONS, CHAPTER 8820, FOR 33RD AVENUE NE, FROM SILVER LAKE ROAD TO HIGHCREST ROAD

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CITY OF ST. ANTHONY • RESOLUTION 97-051 A RESOLUTION FOR A VARIANCE REQUEST FROM MINNESOTA RULES FOR STATE AID OPERATIONS, CHAPTER 8820, FOR 33RD AVENUE NE, FROM SILVER LAKE ROAD TO HIGHCREST ROAD WHEREAS, the City of St. Anthony intends to improve 33rd Avenue NE from Silver Lake Road to Highcrest Road; and WHEREAS, the City of St. Anthony intends to use State Aid funds to construct the improvements; and WHEREAS, a portion of the roadway does not meet minimum design speed requirements as specified in Minnesota Rules for Sate Aid Operations, Chapter 8820.9946. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony that a formal request is hereby made to the Minnesota Commissioner of Transportation to grant a variance from said Rules for the condition outlined herein; and • BE IT FURTHER RESOLVED, by the City Council of the City of St. Anthony that if said variance is granted by the Commissioner of Transportation, the City of St. Anthony agrees to indemnify, save and hold harmless the State of Minnesota, 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 of the roadway improvements in any manner other than in Minnesota Code of Agency Rules, Chapter 8820, or arising as a result of the Commissioner's decision to grant the variance, and further agrees to defend at the City's 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 said variance. The indemnification obligation by the City shall not exceed the limits of liability contained in Minnesota Statutes, Chapter 466, or other applicable law. Adopted this day of 1997. L-Mayor ATTEST: &X44�JL:e�� City Clerk • Reviewed for administration: City a 4Sger