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1991-070 () o CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO. 91-70 RESOLUTION FOR ADOPTION OF "HOLD HARMLESS" CLAUSE AS CONDITION TO VARIANCE - MAINSTREET PROJECT 90-04 (S.A.P. 132-141-06) Whereas, the City Council of the City of Hopkins, Minnesota, requested a variance concerning street width during the reconstruction of Mainstreet, and Whereas, such variance was granted by the Commissioner of Transportation's office on July 10, 1990, conditional upon the City Council adoption of a resolution that indemnifies the state and its agents and employees, NOW, THEREFORE, BE IT RESOLVED BY the City Council of the City of Hopkins, Minnesota: The following language shall be a condition to the Mainstreet variance granted July 10, 1990: "The City of Hopkins hereby indemnifies, saves, and holds harmless the state and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of the granting of the variance. The recipient of the variance shall further agree to defend at its sole cost and expense, 'any action or proceeding begun for asserting any claims of whatever character arising as a result of the granting of the variance." Adopted by the City Council of the City of Hopkins this 21st Day of May, 1991. ATTEST: ~ / //,,/ ~." ~ 6-A.. /s A. Genellie, o