HomeMy WebLinkAboutResolution No. 096-10 D
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RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Minnesota Energy Resources Corporation for the placement of a natural gas
pipe within East Park to serve the Federal Medical Center. The 6-inch coated and wrapped steel
pipe shall be placed along the north right of way line of East Center Street; thence north along
the easterly property line of the Park to a point where it will cross the Federal Medical Center
property, and replaces the existing line currently installed in the Park.•
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. The natural gas pipe will be located as shown on attached EXHIBIT B.
2. Permittee shall perform all work and bear all costs associated with the installation,
maintenance and repair of said natural gas pipe, as well as, any damage that may
occur to the Property as a result of said natural gas pipe being located across the
Property.
3. In the event that damage may occur to public facilities as a result of said natural
gas pipe being located within the Property, Permittee shall make immediate repairs
and bear all costs of City-ordered repairs.
4. Permittee shall restore to the City's satisfaction all areas disturbed by its activity
within the Property. The disturbed areas must immediately be restored with black
dirt. Permanent restoration of the disturbed areas shall be as follows: Within a
timeframe determined the City Parks Department, the disturbed athletic field and
adjacent area located on the Property shall be restored with sod, and Permittee
shall be responsible for maintenance (watering) of said sod for a minimum of 30
days after installation. City Parks Department staff will periodically inspect all
disturbed areas to determine if the replacement sod is viable, and only after so
• determined, Permittee will be released from any further maintenance obligations
for the replaced sod within the Property. Restoration of the remainder of the
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disturbed areas within the Property shall be by seed approved by the City within a
timeframe determined by Y the City Parks Department staff.
5. Permittee shall also ensure that the use and maintenance of said natural gas pipe
shall be in accordance with all applicable City codes and other provisions of law
and proper maintenance of the natural gas pipe occurs to minimize the impact on
the Property.
6. Permittee shall hold the City harmless, by insurance coverage or by agreement,,
and must defend and indemnify the City for any and all damages, or from any and
all claims or causes of action made by any party resulting from the Permittee's use
of the City's property under the grant of authority contained herein or resulting from
the City's decision to revoke this Permit.
7. This permit is for the specific natural gas pipe included and shown herein. No
additional improvements may be constructed within said Property.
8. Any maintenance, additions and/or alterations/modifications shall be approved
by the City and coordinated with the City Parks Department prior to
commencement of work activity.
9. Permittee agrees to execute the Release and Hold Harmless Agreement.
10. This Revocable permit is not intended to be for any specific period of time, and
Permittee shall, upon written demand by the City acting through its City
Engineer, remove the Improvements authorized by this permit within six (6)
months of receiving such demand. If demand for removal has been made and
the Improvements are not removed, the Improvements shall be deemed the
property of the City and the City may proceed to remove all or a part thereof
without liability for damages to-Permittee. Permittee shall reimburse the City for
any costs the City incurs in removing the Improvements. Permittee shall not
receive any prescriptive rights by this grant, nor shall it seek or be entitled to any
relocation costs or other damages from the City for removal of the Improvements.
11. Permittee shall pay to the City a document preparation and recording fee of
$118.97.
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 l tk DAY OF 12010.
PRESIDENT OF SAID COMMON COUNCIL
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*ATTEST:
CITY CLERK
APPROVED THIS 146M DAY OF &AA- e ' , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\2
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EXHIBIT B
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CONSTRUCTION BARE MAIN REPLACEMENT
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