HomeMy WebLinkAboutResolution No. 132-18 - RevocablePermit.CramerVillas,LLC.
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Cramer Villas, LLC, to allow the placement of three awnings within 2nd Street
SW right of way located adjacent to the property generally described as part of Lots 5 & 6, Block
15, Head and McMahon’s Addition, subject to the terms of the Revocable Permit Agreement and
Attachments.
The Mayor and the City Clerk are authorized and directed to execute the Revocable Permit,
on behalf of the City.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2018.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res15\\RevPermit\\60
1
REVOCABLE PERMIT AGREEMENT
THIS REVOCABLE PERMIT AGREEMENT (hereinafter “Permit” or “Agreement”depending on the
context used), made this _____day of ___________________, 2018, between the City of Rochester,a
Minnesota municipal corporation, hereinafter referred to as "City",Cramer Villas,LLC,a Minnesota limited
liability company, hereinafter referred to as "Owner."
WITNESSETH THAT:
WHEREAS, Owner owns certain real property described as (hereinafter known as the
Property):
See attached EXHIBIT A
WHEREAS, Ownerhasapplied to the City for a revocable permit to allow for three awningsto be
installed on the building located on Owner’sProperty. The awningswill project into the public right of way of
2ndStreetSW (hereinafter referred to as “Right of Way”) abutting the Property.
WHEREAS, the City is willing to grant this Permit upon the terms and conditions contained herein,
which terms and conditions apply to Owner,itssuccessorsandassigns.
NOW, THEREFORE, IT IS MUTUALLY AGREED by the City and Owneras follows:
1.Subject to Owner’s full compliance with the terms of this Agreement, the City consents toplacement of
theawningson the northsideof the buildinglocated onthe Property. The awningswillproject out from
the building 24 inchesinto the Right of Way.The awningswill be12 inchestalland48 inches wide.
The base of the awningswillnot be lessthan 9feetabove ground level.Said awningsmust be installed
in the location and per specifications shown on attached EXHIBIT B.
1
2.This Permit is valid only if Owner obtains any required Sign Permit from the Rochester Building Safety
Department for said awnings.
3.Owner shall perform all work and bear all costs associated with the installation, maintenance and repair of
said awningslocated within the Right of Way.
4.In the event that damage may occur to public facilities as a result of said awningsbeing located within said
Right of Way, Owner shall make immediate repairs and bear all costs of City ordered repairs.
5.Ownershall also ensure that the use of said awningsshall be in accordance with all applicable City codes
and other provisions of law and proper maintenance of the awningsoccurs to minimize the impact on the
public’s infrastructure.
6.Ownershall hold the City harmless, by insurance coverage or by agreement, and must defend and
indemnify the City for any and all damages, or from any and all claims or causes of action made by any
party resulting from the Owner’use of the City’s property under the grant of authority contained herein or
resulting from the City’s decision to revoke this Permit.
7.This Permit is for the specific awningsincluded and shown herein. No additional awningsmay be
installedwithin said Right of Way.
8.Any additions and/oralterations/modifications, other than for maintenance purposes, shall be approved
by the City prior to commencement of work activity.
9.Owneragreesto execute the Release and Hold Harmless Agreement attached hereto as Exhibit B.
10.This Permit is not intendedto be for any specific period of time, and Ownershall, upon demand by the
City acting through its City Engineer, remove the encroachments authorized by this Permit. If demand
for removal has been made and the encroachments are not removed, the encroachments shall be deemed
the property of the City and the City may proceed to remove all or a part thereof without liability for damages
to Owner.Ownershall reimburse the City for any costs the City incurs in removing the encroachments.
Ownershall not receive any prescriptive rights by this grant, nor shall it seek or be entitled to any relocation
costs or other damages from the City for removal of the encroachments.
2
11.By executing this Agreement, Owner acknowledges that he/she/it: (a) enters into and executes this
Agreement knowingly, voluntarily and willingly of his/her/its own volition with such consultation with legal
counsel as he/she/it deems appropriate; (b) has had a sufficient amount of time to consider this Agreement’s
terms and conditions, and to consult an attorney before signing this Agreement; (c) has read this
Agreement, understands all of its terms, appreciates the significance of those terms and has made the
decision to accept them as stated herein; and (d) has not relied upon any representation or statement not
set forth herein. Both parties wish to avoid any development or administrative delays associated with a
legal challenge to any of the terms of this Agreement. As such, both parties agree that they will not
challenge the legalityof any term or condition found within this Agreement and specifically waives any and
all legal objections they may have to any such term or condition. Notwithstanding any provision in this
Agreement to the contrary, this clause will survive the termination or expiration of this Agreement.
12.The parties agree that if any term or provision of this contract is declared by a court of competent jurisdiction
to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not beaffected,
and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain
the particular term or provision held to be invalid.
13.In the event that Owner fails to make payment according to the terms of this Agreement, the City may
collect the unpaid amount, plus interest at a rate of 7.5%, pursuant to provisions of state law or local
ordinances as they may currently exist, be created in the future, and / or as amended from time to time.
14.Ownerwill pay to City $246.00for document preparation and recording.
(The remainder of this page has intentionally been left blank.)
3
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day
and year first above written.
CITY OF ROCHESTER,CRAMER VILLAS,LLC,
a Minnesota municipal corporationa Minnesota limitedliability company
By: By:
Mayor
Its:
By:
City Clerk
STATE OF MINNESOTA)
) SS
COUNTY OF OLMSTED)
The foregoing instrument was acknowledged before me this ___ day of _________________, 2018,
by Ardell F. Brede and Anissa N. Hollingshead,the Mayor and City Clerk, respectively, of the City of Rochester,
a Minnesota municipal corporation, for andon behalf of the corporation.
NOTARY PUBLIC
STATE OF ____________)
) SS
COUNTY OF __________)
On this ___ day of _________________, 2018, before me, a notary public within and for said county,
personally appeared _________________________,the _________________________ ofCRAMER
VILLAS,LLC,a Minnesota limited liability company,personally known to me to be the persondescribed in the
foregoing instrument and acknowledged that he/sheexecuted the same ashis/her free will and on behalf of
the limited liability company.
NOTARY PUBLIC
4
EXHIBIT A
5
EXHIBIT B
6
EXHIBIT B
7
EXHIBIT B
8
EXHIBIT C
RELEASE AND HOLD HARMLESS AGREEMENT
The undersigned do hereby agreeto indemnify, hold the City of Rochester harmless, release and
to defend the City of Rochester for any and all damages, or from any and all claims or causes of
action made by any party, including any takings claims, in any action resulting from the granting
of this Permit or the placement of the awningswithin public right of way or easement during the
term of the Permit, from the undersigned’s use of the City’s right-of-way under the grant of
authority contained herein or resulting from the City’s decision to revoke the Permit.
CRAMER VILLAS,LLC,
a Minnesota limited liability company
By:
Its:
STATE OF ____________)
) SS
COUNTY OF __________)
On this ___ day of _________________, 20___, before me, a notary public within and for said county,
personally appeared _________________________,the _________________________ ofCRAMER
VILLAS,LLC,a Minnesota limited liability company,personally known to me to be the persondescribed in
the foregoing instrument and acknowledged that he/sheexecuted the same ashis/her free will and on behalf
of the limited liability company.
NOTARY PUBLIC
9
ACKNOWLEDGEMENT OF LIMITED LIABILITY
COMPANY AUTHORIZATION SIGNATURE
STATE OF ____________________
COUNTY OF __________________
On this _________________ day of ____________________, 20_____, before me
appeared _________________________, to me personally known, who being by me duly
(Name of Officer)
sworn, did say that he/she is the ______________________________,of
(Title)
__________________________________, ___________________________________
(Nameof Company), (Address)
___________________________, _______________,alimited liability company, who has
(City & State) (Zip Code)
indicated the he/she is authorized under the articles of organization or operating agreement
to execute the attached instrument for and on behalf of the limited liability company, and
thathe/she hereby executes said instrument for and on behalf of the limited liability
company.
Notary Public
County:
My Commission Expires:
10