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HomeMy WebLinkAboutResolution No. 402-06 777—,.. 7 162 Ioe • RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City execute, in conjunction with Maine Street Development, a Right-of-Way Permit Application and a Release in favor of the Minnesota Department of Transportation for future claims and liability related to the construction of the Highway 63 Stage 1 (48 h Street Interchange) Project for the right-of-way for St. Bridget Road between 40th Street S.E., and 48th Street S.E. BE IT FURTHER RESOLVED that the City's action described above is subject to the following conditions: 1. The City Attorney must approve the terms and conditions of the Right-of-Way Permit Application and Release; and, 2. Maine Street Development must agree in a writing approved by the City Attorney to defend, indemnify and hold the City harmless from any and all claims, causes of action or liability arising out of the City's participation in the application for a MnDOT Right-of-Way Permit and the Release. The Mayor, City Clerk and Director of Public Works are authorized and directed to execute a ' a Right-of-Way Permit Application and a Release in favor of the Minnesota Department of Transportation on behalf of the City subject to the above conditions. PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS _��_ D OF,) ,Za2OO6. PRESIDENT OF SAID COMMON COUNCIL ATTEST: .l CITY CLERK APPROVED THIS DAY OF Clay , 2006. MAYOR OF SAID CITY (Seal of the City of Rochester,`Minnesota) Res65\-MnDot1ROW Permit.2