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HomeMy WebLinkAboutResolution No. 198-10 i O • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Rochester Montessori Schools, Inc., for the placement of a retaining wall that encroaches within a public utility easement on Lot 1, Block 1, Rochester Montessori Subdivision, Olmsted County, Minnesota. • 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 repairof the retaining wall and any damage that might occur from the retaining wall; 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 retaining wall from the City's property at its own cost should the City make such a request. Should the City remove the retaining wall, Permittee shall reimburse the City for any costs the City incurs; 6. Permittees will not seek any relocation costs or other damages from the City for any reason should Permittee be required to remove the retaining wall from the City's property; 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 l7 '1 DAY OF ! �C� , 2010. J ATTEST: / a�j PRESIDENT OF SAID COMMON COUNCIL (�i XUPUT r Cl CL R l/ APPROVED THIS DAY OF / 1G� , 2010. MAYOR OF SAID CITY O(Seal of the City of Rochester, Minnesota) Res10\RevPermit\7 2