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HomeMy WebLinkAboutResolution No. 295-11 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Peter and Suzanne Brady for the placement of a fence within the right-of- way of Ninth Avenue S.W., adjacent to the property described as the east 110 feet of the south one-half of Block 37, Head & McMahon's 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 fence at its own expense. Permittee will also be responsible for the cost to remove and reinstall the fence as well as any damages to public facilities; 2. Permittee must pay $118.97 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 its 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 fence from the City's right-of-way at its own cost should the City make such a request. Should the City remove the fence, 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 fence from the City's right- of-way; and • 7. This permit may not be assigned without the City's approval. i • 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 DA OF E 011. PRESIDENT OF SAID COMMON COUNCIL ATTEST: CLERK APPROVED THIS DAY OF �, r� , 2011. MAYOR OF SAID CITY *(Seal of the City of Rochester, Minnesota) Res10\RevPermit\34 • 2