HomeMy WebLinkAboutResolution No. 596-06 •
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to YMCA of Rochester, Inc., to allow the use of the Seventh Street right-of-way
in Willson's Addition in order to construct a building project until such time as the vacation of the
above-described right-of-way has been completed.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
• following conditions:
1. Permittee must obtain Council approval of the vacation of the Seventh Street.
S.W., right-of-way no later than January 31, 2007;
2. Permittee is responsible for all costs associated with the construction,
maintenance and repair of its building project as well as any`damage that might
occur to public facilities resulting from the building project;
3. Permittee will hold the City harmless for any and all damages resulting from its use
of the Seventh Street S.W., right-of-way and in regards to any claims or liability
associated with the building project;
4. Permittee will pay $75.84 to the City for document preparation and recording;
5. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
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;
• 7. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
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. Permittee 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 DAY OF 2006.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS A5T DAY OF "U V-- , 2006.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Reso5\RevPermit\37