Laserfiche WebLink
HOLD HARNMS AND INDffiNITY <br />AGREEMENT <br />1. Parties. This Agreement is entered into on this day of <br />, 1989 by and between the City o Orono <br />(hereinafter "City") andM <br />(hereinafter "Association"), a <br />association lawfully organized under the laws of the State of <br />Minnesota. <br />2. Back round. The Association has petitioned the City Council <br />for perm ssion to build a series of speed bumps along Deborah <br />Drive, a private road in the City. The purpose of said speed <br />bumps iu to reduce traffic and the speed of traffic traveling on <br />Deborah Drive. <br />City staff recommended against allowing construction of <br />speed bumps based on concerns about their effectivenes and <br />potential liability for property damage and personal injury from <br />--srsons traveling over or evading the speed bumps. <br />The City Council at its meeting on August 28, 1989, agreed <br />to permit speed bumps based on their construction in conformity <br />with certain specific conditions, including execution of a hold <br />harmless and indemnity agreement. <br />3. Agreement of the Parties. The City and the Association in <br />mutual consideration hereby make the following promises: <br />a. The City hereby agrees to permit construction of four <br />speed bumps on Deborah Drive between and <br />spaced at a distance no less than <br />feet. Signs warning of the speed bumps shall be place7ino <br />less than M__ feet from the bumps facing both <br />directions. The speed bumps will stretch over the main <br />lanes and not over the shoulder portion of the road. All <br />construction will be solely at the Association's expense. <br />b. The Association hereby agrees to hold harmless and <br />indemnify the City against any and -.11 loss, damages, <br />claims, liabilities, fines, penalties, or expenses which the <br />City may incur in connection with the construction, <br />existence, or operation of the speed bumps, including <br />evasion thereof. <br />C. The Association commits to make the necessary levy or <br />charges against its members to satisfy any cost cr expense <br />arising out of this Agreement, if adequate funds are not on <br />hand when such cost or expense arises. <br />d. The City and the Association hereby pledge that each <br />party has taken all steps necessary under their respective <br />organizational documents and controlling state and federal <br />law to enter into this Agreement. <br />