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HomeMy WebLinkAboutResolution No. 173-10 1 • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to New Era Development Two, LLC, for the placement of various improvements associated with a daycare facility to be constructed on the property within a water main easement within Lots 2 and 3, Block 1, Northview First Subdivision. The improvements include playground equipment, planters, storage sheds, concrete, landscaping and fencing. • BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittees are responsible for all costs associated with the installation, maintenance and repair of the improvements and any damage that might occur from the improvements; 2. Permittees must pay $118.97 to the City for document preparation and recording; 3. Permittees 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 property and rights-of-way; 4. Permittees must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. Permittees must remove the improvements from the City's property at its own cost should the City make such a request. Should the City remove the improvements, Permittee shall reimburse the City for any costs the City incurs; 6. Permittees will not to seek any relocation costs or other damages from the City for any reason should Permittee be required to remove the improvements from the City's property; 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 DA -OF , 2010. PRESIDENT OF SAID COMMON COUNCIL ATTEST: � / � . ITY CLERK APPROVED THIS DAY OF ram; , 2010. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) qWes10\RevPermit\4 2