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HomeMy WebLinkAboutResolution No. 580-07 ` O O 7 t _ • r RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Brentwood Development, LLC, to allow the use of a north-south alleyway located within Lots 1-12, Block 5, William McCullough's Addition to the City of Rochester (less part of Lots 8 and 9) for the construction of a parking lot and for ingress and egress to the parking lot. • BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee will execute a release and hold harmless agreement with the City as to any takings claim that might result from the granting of this permit. 2. Permittee will maintain the north-south alley, including the designated parking area, and to pay all costs associated with the maintenance of said north-south alley. 3. The parking area to be designated within said north-south alley cannot be for private use and will be open to the general public for parking purposes. No signs announcing any parking restrictions of any type will be allowed. The Permittee may not collect any money for parking spaces located within the alley. 4. Permittee may not prohibit the general public from utilizing the north-south alley for thoroughfare or turn-around purposes. `No signs announcing any type of travel restrictions will be allowed. Additionally, Permittee will not prohibit travel through the site using driving isles established by the City as the alley area is encumbered with parking stalls. 5. Permittee.must proceed through the Land Development Manual/Site Development • Plan process and satisfy all of the criteria for the construction of parking facilities Within the north-south alley as required by the Rochester/Olmsted Planning 1 • Department. 6. Permittee must ensure that the use and maintenance of the north-south alley is in accordance with all applicable City codes and other provisions of law. 7. Permittee must acknowledge that they are constructing a temporary parking facility and that they have the following obligations: A. Management of onsite storm water runoff. City will allow Permittee to defer this obligation for a period of three years, until redevelopment or upon revocation of this permit, whichever occurs earlier. Upon construction of the facilities to manage the storm water runoff, Permittee must comply with the standards for said improvements in place at the time of construction. B. Removal of service walks and driveways. Permittee must remove all service walks and driveways not used for this temporary parking lot concurrent with the construction of the parking lot. C. Removal of private utility services. Permittee must properly abandon water and sewer services pursuant to City standards concurrent with the construction of the parking lot. • 8. Permittee will pay $112.12 to the City for document preparation and recording; 9. Permittee shall perform all work and bear all costs associated with the installation, maintenance and repair of said improvements, as well as any damage that may occur to public facilities resulting from said improvements being located within the public right of way. 10. Permittee shall also ensure that the location, use and maintenance of said improvements shall be in accordance with all applicable codes and other provisions of law. 11. In the event that damage may occur to public facilities as a result of said improvements being located within the public right of way, Permittee shall make immediate repairs and bear all costs of City ordered repairs. 12. Any additions and/or alterations/modifications, other than for maintenance purposes, shall be approved by the City prior to commencement of work activity. 13. Permittee shall hold the City harmless, by insurance coverage or by agreement, and must defend and indemnify the City for-any and all damages, or from any and all claims or causes of action made by any party resulting from its use of the City's right of way under the grant of authority contained herein. 14. This permit shall be deemed a covenant running with the land identified herein. 15. This Revocable permit is not intended to be for any specific period of time, and • Permittee shall, upon .demand by the City acting through its City Engineer, remove the encroachments authorized by this permit. If demand for removal has 2 • been made and the encroachments are not removed, the encroachments shall be deemed the property of the City and 'the City may proceed to remove all or a part thereof without liability for damages to Permittee. Permittee shall reimburse the City for any costs the City-incurs in removing the encroachments. Permittee shall not receive any prescriptive rights by this grant, nor shall it seek or be entitled to any relocation costs or other damages from the City for removal of the encroachments. 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 SPb DAY OF � -- , 2007. PRESIDENT OF SAID COMMON COUNCIL ATTEST: C TY CLERK APPROVED THIS DAY OF , 2007. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res05\RevPermit\64 • 3