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HomeMy WebLinkAboutResolution No. 202-12 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to The Villas at Orchard Hills Homeowners Association, Inc., to allow the construction of a retaining wall and a private drive within Outlot A, The Villas at Orchard Hills Second Addition CIC 351. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the eollowing conditions: 1. Permittee must install, construct, and maintain the wall and drive at its own expense. Permittee will also be responsible for the cost to remove the wall and drive, and restore the right-of-way upon revocation of this permit as well as any damages to public facilities; 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 right-of-way; 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 lands 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 right-of-way; and i • 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 1OF THE CITY OF ROCHESTER, MINNESOTA, THIS `��-In 4ESIDENT OF / �' [Ct , 2012. OF SAID COMMON COUNCIL ATTEST: QCj-UTy Cl L RK 1, APPROVED THIS DAY OF yyl�c�l , 2012. !r MAYOR OF SAID CITY • (Seal of the City of Rochester, Minnesota) Res10\RevPermit152 • 2