HomeMy WebLinkAboutResolution No. 258-14 • 258-14 D24 (51)
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to ECNI Enterprises, LLC, to allow the placement of a deck within the right-of-
way of Third Street S.W., adjacent to Lot 5, Block 10, except the east 81.95 feet thereof, Moe
and Olds Addition to the City of Rochester, Olmsted County, Minnesota (10 Third Street S.W.)
The deck will project three feet into the Third Street S.W., right-of-way, will be 12 feet wide, and
the base of the deck will be 13 feet above ground level.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee must install and maintain the encroachment at its own expense.
Permitee will also be responsible for the cost to remove and reinstall the
encroachment 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 encroachment from the City's right-of-way 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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• 258-14 D24 (51)
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 encroachment 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 COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS 16th DAY OF JUNE 2014,
PRESIDENT Q SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS 17th DAY OF JUNE _. 2014.
r � .
MAYOR OF SAID CITY
Res10\RevPermit\103
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