HomeMy WebLinkAboutResolution No. 387-13•
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to KINN 9 3rd Avenue LLC to allow the placement of a concrete patio, two
pergolas, an aluminum fence and other improvements within the Fourth Avenue N.W., right-of-
way adjacent to Lots 1, 2, and 3, Block 40, Original Plat.
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
1
• 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
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 DAY 9F 2013.
ATTEST:
PRESIDENT F SAID CO MON COUNCIL
(��( G�%
u r- CI RK U -
APPROVED THIS b M DAY OF , 2013.
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\82
MAYOR OF SAID CITY
V,