HomeMy WebLinkAboutResolution No. 181-09 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to JEK Properties, LLC, for the placement of various improvements within a 25-
foot utility easement located within the property described as the South Half of the Southeast
Quarter of Section 33, Township 107 North, Range 14 West, PIN R74.33.44.078561 and located
•at 2600 Second Street S.W.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will install and maintain the improvements at its own expense;
2. Permittee will be responsible for the cost to remove and reinstall the
improvements, if necessary, as well as any damages to public facilities;
3. Permittee must pay $112.12 to the City for document preparation and recording;
4. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
5. Permittee must hold the City harmless, by insurance coverage or by agreement,
and must defend and indemnify the City for any and all damages resulting from its
use of the City's property and rights-of-way;
6. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
7. Permittee must remove,the encroachment from the City's property at its own cost
• should the City make such a request. Should the City remove the encroachment,
Permittee shall reimburse the City for any costs the City incurs;
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• 8. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove the encroachment from the
City's property; and
9. This permit may not be assigned without the City's approval.
The Mayor and the City Clerk are authorized and directed to execute the revocable
permit, subject to the above conditions, on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 4t�) DAY OF MAY , 2009.
PRESIDENT OF SAID COMMON CO NCIL
ATTEST.
ITY CLERK
APPROVED THIS &60 DAY OFF , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\92
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