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84-414 WHI7E - CI'TV CLERK Attachment #3 PINK - FINANCE (j I Ty OF SA I NT PA LT L Council CANARV - DEPARTMENT BLUE - MAVOR File NO. � � 1 Council Resol 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 FAIRVIEW AVENUE from Montreal Avenue 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 holdinq 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 aqents 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 FAIRVIEW AVENUE from Montreal Avenue to St. Clair Avenue, the said claims arising out of the said construction being in any other manner than as a 72 foot wide curb to curb street 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 Fletcher Nays � Drew P11b1j.0 WOr Masanz In Favor Nicosia (jy /1.GL�(.k�//�' ` ,I��„G, � �sehskrsr __ A ga i n s t BY �' `�`�- Tedesco Wilson MAR 2 7 1984 Form Appr by City Atto y Adopted by Council: Date Certified P ss d y ouncil Secr BY By� App ed by Nlavor: Date � �►�.�I��� A � y Mayor for S i o Council B r UBLISHED APR 7 1984