2000-19 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
RESOLUTION
Date March 13, 2000 Resolution 2000-19
Motion By Sann SecOnded By dansen
RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA
FROM CLAIMS IN CONNECTION WITH THE STATE'S GRANT OF A
VARIANCE FOR CONSTRUCTION OF A BIKE PATH'
Vv'HEREAS, the City of Chanhassen has requested a variance fi:om the Minnesota
Department of Transportation to Minnesota Rules 8820.9995 in connection with the
construction of a bicycle path located adjacent to West 78t~ Street and on Riley Creek and
Bluff Creek Trails ("Bicycle Path") to allow a 20 km/h design speed in lieu of the required
30 km/h design speed; and
WHEREAS, the Minnesota Department of TranSportation has agreed to grant the
variance conditioned upon the City's indemnification of the State fi:om claims arising out of
the construction of the Bicycle Path in any manner inconsistent with the design criteria
provided under Minnesota Rules 8820.9995;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chanhassen:
The City authorizes construction of the Bicycle Path located in the City of
Chanhassen at a minimum design speed of 20 km/h.
The City agrees to indemnify, save, and hold harmless the State of Minnesota
and its agents and employees of and fi:om any and ali claims, demands,
action, or Causes of action arising out of or by reason of the construction of
the Bicycle Path in any other manner than in accordance with Minnesota
Rules 8820.9995.
The City fiather agrees to defend at its sole cost and expense any action or
proceeding commenced for the purpose of asserting any claim which the City
is obligated to indemnify the State under Paragraph 2, as a result of the State's
granting a variance to the construction standards provided, under Minnesota
Rules 8820.9995 for the construction of the Bicycle Path at a minimum
design speed of 20 knffh.
ADOPTED this
City of Chanhassen.
13th day Of March
,2000, by the City Council of the
ScottA. Botcher, Clerk/Manager
, Mayor
YES
MANCINO
ENGEL
LABATT
JANSEN
SENN
NONE
NONE
ABSENT
NONE