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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 Terry A. Spaeth to allow the existing building located at 937 11th Avenue
N.E., to encroach into an unplatted sanitary sewer easement.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
• 1. Permittee must apply for vacation of said sanitary'sewer easement within 30 days
of the date of the execution of the revocable permit agreement;
2. Permittee will pay $112.12 to the City for document preparation and recording;
3. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
4. 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;
5. Permittee must execute any document required by the City Attorney's Office prior
to delivery of the permit;
6. 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;
7. 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
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• 8. 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 i-ITN DAY OF MAPC.4 , 2008.
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PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
ITY CLERK
APPROVED THIS Jtt� DAY OF ►'Y)19k..o-H , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
es05\RevPermit\72
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