HomeMy WebLinkAboutResolution No. 518-10 •
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Arvig Enterprises, Inc., and Zayo Bandwidth, LLC, to allow the placement of
a two-inch conduit under Manor Park located between Park Lane S.E., and Marion Road.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
•following conditions:
1. Permittee will install the conduit through the use of trenchless technology, except
for the 90-degree turn. All disturbed areas shall be restored to original or better
conditions.
2. Permittee shall perform all work and bear all costs associated with the installation,
maintenance and repair of the conduit, as well as any damage that may occur to
the park property as a result of the conduit being located across the parkland.
3. Any maintenance, additions and/or alterations/modifications shall be approved by
the City and coordinated with the City Park and Recreation Department prior to
commencement of work activity.
4. Permittee must pay for park access or remove the conduit if the City implements a
fee or charge.
5. Permittee must pay $118.97 to the City for document preparation and recording;
6. 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 property and rights-of-way;
• 7. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
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• 8. Permittee must remove the encroachment from the City's property 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;
9. Permittees 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 property; and
10. 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 G3��`1-�'1 D 0 , 2010.
l�l
ESIDENT OF SAID COMMON COUNCIL
ATTEST:
=,?uTy CITY LE K
APPROVED THIS S�- DAY OF ��YyLbq L , 2010.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res10\RevPermit\24
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