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RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to the Minnesota Pollution Control Agency to place two monitoring wells in the
public right-of-way located in the right-of-way of the public east-west alleyway adjacent to Lots 3,
4 and 5, Block 12, West Zumbro Addition and the right-of-way of First Street N.W., northerly and
adjacent to Lot 11, Block 1, Zumbro Estates Subdivision.
• BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. For near-grade monitoring well completions, a six-foot by six-foot reinforced
concrete pad will be constructed around each of the larger than normal well
covers. For above grade monitoring wells, the height shall be no more than 30
feet above grade and located no closer than two feet from back of curb or
pedestrian facilities.
2. MPCA will attempt to notify the City at least 48 hours before entering the property
to conduct work under this Agreement. Work will be conducted during regular
business hours (8:00 am to 5:00 pm) unless the MPCA receives permission to
conduct work during different hours.
3. MPCA will conduct its activities so as to minimize interference with the normal use
of the Property. If any portion of the Property must be disturbed as a result of the
MPCA's activities, the MPCA will restore the property to as close to its original
condition as is reasonably possible under the circumstances.
4. MPCA will obtain any necessary permits for installation and maintenance of the
monitoring well. Upon completion of its groundwater investigation for the Site, the
MPCA will close and seal the monitoring wells in accordance with state law and
• restore the property to a condition similar to what existed prior to installation.
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• 5. MPCA will provide results of all groundwater sampling conducted to the City after
validations of the results.
6. MPCA will be liable for injury to or loss of property or personal injury or death
caused by any act or omission of any employee of the state in the performance of
the work described above, under circumstances where the state, if a private
person, would be liable to the claimant.
7. Permittee will pay $75.84 to the City for document preparation and recording;
8. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachments;
9. 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;
10. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
11. Permittee must remove the encroachments from the City's property at its own cost
should the City make such a request. Should the City remove the encroachments,
• Permittee shall reimburse the City for any costs the City incurs;
12. Permittee will not to seek any relocation costs or other damages from the City for
any reason should Permittee be required to remove the encroachments from the
City's property; and
13. 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.
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• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS .215i DAY OF Al-1/-4(/ u� 2007.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS DAY OF 2007.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\47
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