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HomeMy WebLinkAboutResolution No. 448-11 RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Southgate Properties to construct a private access driveway within the unimproved public right-of-way for Tenth Street S.E., abutting Lot 1, Block 1, Southgate Second Subdivision, Olmsted County, Minnesota. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the 011owing conditions: I 1. Permittee must construct and maintain the driveway at its own expense. Permittee is also responsible for the cost to remove the driveway, if necessary, as well as for any damages to public facilities that may result from its private use of the public right-of-way; 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 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 / q k D m LLA, , 2011. ^ PRESIDENT OF SAID COMMON COUNCIL ATTEST: DEPUTY ClTftLJLRK APPROVED THIS aQc h DAY OF L�.� l�� , 2011. MAYOR OF SAID CITY • (Seal of the City of Rochester, Minnesota) Res10\RevPermit\40 2