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84-412 WHITE — CdTV CLERK Attachment ]►1 PINK — FINANGE GITY OF SAINT PALTL Council �- CAfyARV — DEPAR7MENT �/[� BLUE — MAVOR File NO. � `���` 1 Counci Reso tion � � , 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 for the reconstruction of LEXINGTON PARKWAY from West Seventh Street to St. Clair Avenue; and WHEREAS , The Commissioner of the Department of Transportation has notified the City that the request for a variance will be granted only 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 available 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 14 MCAR Section 1 . 5032 H. , 1. , C. , 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 from any and all claims , demands, actions , or causes of actions of whatsoever nature or character arising out of or by reason of in any manner the resurfacing of LEXINGTON PARKWAY from West Seventh Street to St. Clair Avenue, the said claims arising out of the said construction being in any other manner than as a 48 foot wide curb to curb street from West Seventh Street to Juno Avenue and a 72 foot wide curb to curb street from Juno Avenue to St. Clair Avenue in accordance with the Minnesota State Aid Construction Standards to be found in the rules of the Minnesota Department of Transportation 14 MCAR Section 1. 5032, or arising as a result of the Commissioner ' s decision to grant this variance. COUNCILMEIV Requested by Department of: Yeas Nays � Fletcher Drew In Favor Masanz Nicosia /���j , �-- ��t � __ Against BY 6 Tedesco W ilson Adopted by C ouncil: Date MAR 2 7 1984 Form Approved b ity Attorney Certified a•s y Co nci , cre BY By � � / �, App y 1Aavor. Da MAR 2 9 1984 ApRroved by yor for S 'ssion to Council By ' � PllBUSHED APR 7 198Q '`r � • . ♦ ' � � - �� � . . lst ' 'c+��- �`� ' 2nd - — � � : � _ , . 3rd -�✓- � � Adbpted ,� /o -�'�/ . � �°: Yeas Nays . h DREW �-; , '/ . � { : FLETCHER vr d ry`��/ t�:: r� . �S�Z `/�3� { �� 1 �': NICOSIA / � / ��:rv - SCHEIBEL ��' `;�� WILSON MR, PRESIDENT TEDESCO � � � � -�-�--_ _ _ , � ,�,, ..> :i� - ,� .r� x:;;'� . `t�'y: • . . . � � � � .�.�_ _.. . �� : -{�;i, � . .. � .ad�;-'.����� .. � . . . �.�.ir..._:. � . � . K� 5�; � '�.., .i.e-;.': �. � � . ._.r.A�':.' . . ,�<�.`� . . . ' �. �x� � . �.. . . " � ��. ' `'\ . ' . , � . Y � . � � 1 + �I � �'�� - � ^ �. s� - . . . ._..� , , ' � � . � ' � o � u, � � � � � , ` . . `rr-� _ � f . � � . � � � � � .� � � o � � � -� r � � w � � � � � � � � ` _ � � . � �l � . 1 � 1 � � � �o � � i r -� ; � N -��� -� �� � ' �