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HomeMy WebLinkAboutResolution No. 141-14 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the revocable permit issued in 2004 to the Southern Woods Second Homeowners Association, Inc., and the owners of Lots 15 and 17, Block 1 of Southern Woods 2nd Addition CIC #151 for the placement of landscape materials and maintenance of turf area on the abutting City-owned property, Outlot F of Southern Woods 1s`Addition is hereby rescinded and revoked. • BE IT FURTHER RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Donald L. and Dianne R. Frerichs, the owners of Lot 15, Block 1 of Southern Woods 2nd Addition CIC #151 to allow the placement of landscape materials and maintenance of turf area on the abutting City-owned property, Outlot F of Southern Woods Vt Addition. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee must install and maintain the encroachments at its own expense. Permitee will also be responsible for the cost to remove and reinstall the encroachments if any repairs must be made to the existing public property. Permitee will also be responsible for the cost to remedy any damages to public property; 2. Permittee must pay $124.37 to the City for document preparation and recording; 3. 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 his use of the City's property; 4. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. Permittee must remove the encroachments from the City's right-of-way at its own cost should the City make such a request. Should the City remove the encroachments, Permittee shall reimburse the City for any costs the City incurs; 6. Permittee will not to seek any relocation costs or other damages from the City for any reason should Permittee be required to remove the encroachments from the City's property; and 7. 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 permits, subject to the above conditions, on behalf of the City. PASSED AND ADOPTED BY THE COMMON COUN IL OF THE CITY OF ROCHESTER, MINNESOTA, THIS r DAY OF 2014. �— �A PRESIDENT O AID CO MON COUNCIL ATTEST: CITY CLERK APPROVED THIS �� DAY OF �r (� r , 2014. y MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res 101RevPermit195 2