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HomeMy WebLinkAboutResolution No. 437-14 • 437-14 D40 RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to 533 6th Avenue NW, (the owner of the property described as the south 1.19 feet of Lot 8, and all of Lots 9 and 10, Block 2, Cook Subdivision, Rochester, Olmsted County, Minnesota and located at 533 Sixth Avenue N.W.) to allow the use of City-owned property located west of 533 Sixth Avenue N.W. • BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee will maintain the encroached-upon City property at its own expense. Permitee will also be responsible for the cost to remove and reinstall any 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 $124.37 to the City for document preparation and recording; 3. Permittee must hold the City harmless, by insurance coverage or by agreement, and must defend and indemnify the City for any and all damages resulting from his use of the City's property; 4. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. Permittee must remove any encroachment from the City's right-of-way at its own cost should the City make such a request. Should the City remove the encroachment, Permittee shall reimburse the City for any costs the City incurs; 6. Permittee will not to seek any relocation costs or other damages from the City for 1 437-14 D40 any reason should Permittee be required to remove any encroachment from the City's property; and 7. This permit may not be assigned without the City's approval. This Revocable Permit replaces and supersedes the Revocable Permit currently in place for the existing fence and locked gate. The Mayor and the City Clerk are authorized and directed to execute the revocable permits, subject to the above conditions, on behalf of the City. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS 6th DAY OF OCTOBER 2014. PRESI ENT C SAID COMMON COUNCIL 4 ATTEST: /`' 1 Kati, - cr CITY CLERK APPROVED THIS 7th DAY OF OCTOBER 2014. Ay MAYOR OF SAID CITY f i 1. t ♦$�4-s*+7'*..tom N A��RA�I U.,tti GLc,4 Res10\RevPermit\112 • 2