HomeMy WebLinkAboutResolution No. 437-08 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to River Bluff Cooperative at Elton Hills, the owner of the property described as
Lot 1, Block 1, River Place Subdivision, for the placement of a gazebo, retaining walls and
sidewalk within the Elton Hills Drive N.W., that lies north of Lot 1.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
Owing conditions:
1. Permittee will perform snow removal and vegetative management for the entire
area including the abutting boulevard areas at their sole cost and expense.
Permittee also agrees to maintain the storm water pond constructed to serve the
Permittee's property consistent with City standards.
2. Permittee shall perform all work and bear all costs associated with the installation,
maintenance and repair of the encroachments.
3. In the event that damage occurs to public facilities as a result of the driveway's
location within the City right-of-way, Permittee must make immediate repairs and
bear all costs of City-ordered repairs.
4. Permittee must pay $112.12 to the City for document preparation and recording;
5. Permittee is responsible for all costs for the installation, maintenance and repair of
the encroachment;
6. 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;
7. Permittee must execute any document required by the City Attorney's Office prior
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• to delivery of the permit;
8. 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;
9. 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
10. 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 30 DAY OF 2008.
i
PRESIDENT OF SAID COMMON COUNCIL
*ATTEST: ('-
CITY CLERK
APPROVED THIS DAY OF 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\85
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