HomeMy WebLinkAboutResolution No. 010-08 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Northbrook LLC, to allow the following encroachments to occur within a utility
easement located in Lot 1, Block 1, River Center Plaza:
1. Concrete steps in four locations;
• 2. Ramp;
3. Concrete handicap ramp;
4. Retaining wall;
5. Concrete block room; and
6. Building encroachments in two locations.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will be responsible for all costs associated with the installation,
maintenance, removal and repair of these private facilities as well as any damages
that might occur to the public facilities resulting from private improvements being
located within the public right-of-way.
2. Permittee also understands that a water main is located in said public utility
easement and that said encroachments are constructed above or near the water
main. If the situation arises that maintenance or repair on the existing water main.or
any other utilities located within the existing public utility easement must take place
• as a result of the encroachment or if the 'repairs are within ten feet of said
encroachments, Permittee will be responsible for any costs associated with
relocation of any existing utilities, including `the water main, within the public utility
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• easement or, if necessary, the removal and/or replacement of any or all of the
encroachments. If the water main or any other public utility is relocated from the
public utility easement, the Permittee must dedicate to the City, at not cost, a new
public utility easement for the area of utility relocation.
3. Permittee will pay$112.12 to the City for document preparation and recording;
4. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
5. 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 and rights-of-way;
6. Permittee must execute any document required by the City Attorney's Office prior to
delivery of the permit;
7. 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;
8. 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
j 9. 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 h DAY OF , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: //
ITY CLERK
APPROVED THIS DAY OF 1 , 2008.
r J
�' (Seal of the City of V
MAYOR OF SAID CITY
,Rochester, Minnesota)
Re+s0o\RevPermit\67
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