HomeMy WebLinkAboutResolution No. 394-11 •
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Mayo Clinic for the construction of a tunnel for pedestrian and utility
purposes to serve the proposed proton therapy facility located at the southwest corner of the
intersection of Second Street N.W., and First Avenue N.W. The tunnel will be located within the
Second Street N.W., right-of-way between the Charter House and Methodist Hospital (lying
•adjacent to Blocks 44 and 45, Original Plat to the City of Rochester).
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.
Permittee will also be responsible for the cost to remove and reinstall the
encroachment 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 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
any reason should Permittee be required to remove the encroachment from the
City's right-of-way; and
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• 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`-OF---/� r 2011.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF ��Si , 2011.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\38
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