HomeMy WebLinkAboutResolution No. 124-07 R
J 2.4 7
• RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City execute,
in conjunction with Rick Penz on behalf of Shops on Second, 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 52 Reconstruction Project for excess right-of-
way located at the intersection of 16th Avenue and Second Street S.W., and south of First Street
S.W.
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. Rick Penz/Shops on Second 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, and the MnDOT Right-of-Way Permit.
3. Rick Penz/Shops on Second must abide by all conditions of the
• MnDOT Permit.
4. Rick Penz/Shops on Second must execute a development
agreement with the City which, at a minimum, must include
provisions to address the construction related costs for affected
infrastructure, purchase of the excess right-of-way and safety
characteristics for proposed improvements in the right-of-way.
5. Rick Penz/Shops on Second must execute a revocable permit for the
encroachments in the right-of-way.
The Mayor, City Clerk and Director of Public Works are authorized and directed to
execute 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. The Public Works
Director is authorized and directed to co-sign the Right-of-Way Permit application.
•
• PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /�/�+ DAY OF 2007.
i
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: r_'�a 4��w
ITY CLERK
APPROVED THIS -"-'677t DAY OF MAJ2&-1 12007.
Ao
MAYOR OF SAID CITY
(Seal,of the City of
,Rochester, Minnesota)
• ResO5\-MnCot\ROW Permit.3
•