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88-1903 WHI'YE - CITV CLERK COl1�1C11 9 PINK y� FINANCE CANARV - DEPARTMEN T G I TY OF SA I NT PA LT L � `/O� BLUE - MAVOR File NO. - Council Resolution {�'��5� ��,�; � ��,��/��r � � Presented By _ Referred To Committee: Date Out of Committee By Date WHEREAS, The City of Saint Paul has requested that the Department of Transportation grant a variance from the State's standards for design of urban roadways to permit the existence of three fixed objects with the required two foot clear zone on THOMAS AVENUE between Snelling Avenue and Asbury Street; and WHEREAS, The Commissioner of the Department of Transportation has by letter notified the City that the request for a variance has been granted upon condition that the City Council of the City of Saint Paul adopt a resolution indemnifying, saving and holding harmless the State of Minnesota from any claims arising out of the granting of this variance; and WHEREAS, The City has no other option availabte to it to receive the variance requested unless it complies with the demands of the Commissioner of the Department of Transportation; now, therefore, be it RESOLVED, That as the sole condition to receiving a variance from the provisions of State Aid Rules Section 8820.9912, the Council of the City of Saint Paul does hereby agree to indemnify, save and hold harmless the State of Minnesota and all of its agents and employees of and from any and all claims, demands, actions, or causes of actions of any nature or character arising out of or by reason of, in any manner, the construction project on M.S.A.S. 207 (Thomas Avenue) between Snelling Avenue and Asbury Street, in any other manner than as in accordance with Minnesota Rule 8820.9gt2, and further agrees to defend at their 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. COUNCIL MEMBERS Requested by Department of: Yeas Nays n,mona Publ ic Works (PAS) 11-3-88 �� In Favor � Rettman Scheibel —�—_ A ga i n s t BY - �Sew�ew Wilson �EC _ � � Form Appr d by City Attorn y Adopted by Council: Date ' Certified Pas e b o �l Secr y BY '" /� By � � /�1ppr ved b Mavor: �ate _ �� 2 � Appro e y Mayor Eor Sub cil By � . ` �� ��c 10 �saa DAIE NRIA7W� Di1TE COYRETED . .. . / /— �i � �,► � GRE��1 S1'#EE1` No. Pu�it i c Works Department 1 i-3-88 �03� � � coNr ��e�a µ,ww�+�sr�wn Paui Sr. Martin �N �a��o� �a �� �u�eE�F� � . � R�J'IrNG . euoc�r oi�croa - Publ i�_�forks 292-62$0 ��+� � �,r.,,,�E,. Hold the State hermless for granting a variance to allow existence of three fixed _ objects within the two foot clear zane requi.�ed by Municipal State Aid (MSA) standards on THOMAS AVENUE between Snelling Avenue and Asbury Street. �:EMwa+t�►)a aa�x cA)) cour��n�ORT: : � MNM10 COMMBSION CIVIL$ERVICE COMMAIS310N � DATE N�1 � �-DATE OUT AN�LY8T . � . .� . PIiONE N0. � . . EOIM�Ni CARN�d. . . IBD E26 3CHDOL BOARD � � � . . - ' •�$FAFF� � qINRER C(MW IBSION� . . CO�LETE AS IS�� � A�i NFO.ADDED* . . i�l'U SO OOpM�I' �:,.00Ii6TiTF1dtT � . . . . . . _POR ADDi RIF'O. �.F6�MAG( � . _. . .. .� . _ _ �� _�,,,,�: �c�p RECEIVED �r»,���,�,,,�, _ NOV 1 g 1988 , Better and Safer NeighborMoods. ��V �8 1988 w�Ar►o�soFF�cE ��-,��'�( l��'TORNEY ..,�,,.�.�...�.�„�.t,►�.,�.,�,,,�.�,: � . This is necesSary to�� allow for f�na} payment a� State Aid Construction Fu�ds �ar -. the 1987 reco�st�ruct'ion of Thomas Avenue between .Sne.l l-�ing Avent�e an�Ham����i e. �.. ' Councid Re�earch Center N�V � 1988 �dOV 6 ` :.�„oM.ca.ue.�re�r..�a.�o.�,...x��: • .;.. DEPARTMENT (�� FiNANCE AND MANAGEMENT SERVICES Thls witl allow the fixed objects to remain in place. The final payment of State Aid Construction Funds can be received, and the project . fMlht.MR�f..�to YMian): .: ; , , . , � . . -, :, The City holds the State harmless for atlowing existence ofi thCee fixed objects within ` the required two faot clear zone. • K��arES: . � ca+s Move fi��ced obJects. Cost of moving fixed . . obj�cts. � May t�ecess i tate remov and patch i ng of pc�rt i s of recently paved str t. Mstaermn�c�oEtrts: . r.�.iisu�s: