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84-415 WMITE - C�TV CLERK Attachment #4 PINK - FINANCE GITY OF SAINT PAUL Council CAN�IIRY - DEPARTMENT BLU E - MA;OR File N O. �i`�� Counc ' Reso tion R 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 for the reconstruction of SEVENTH STREET from Mendota Street to Johnson Parkway; and WHEREAS , The Commissioner of the Department of Transportation has notified the City that the request for a variance will be qranted only upon condition that the City Council of the City of Saint Paul adopt a resolution indemnifying, savinq 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 SEVENTH STREET from Mendota Street to Johnson Parkway, the said claims arising out of the said construc— tion 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 . COUNCILMEN Requested by Department of: Yeas Nays � Fletcher Public Wo ks °feN1 [n Favor Masanz /.� NiCOSia � �� �C�� s.a.+b�i __ Against BY Tedesco Wilson MAR 2 7 198� Form Approv y City Attor Adopted by Council: Date Certified Y• -s d Counc' BY By . t#ppro b Ylavor: Date � 2 9 �p�1 Ap ove+d b ayor for Su m s to Council � PllBLlSHED APR � 1984 ,_