HomeMy WebLinkAboutResolution No. 438-08 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Elton Hills Plaza West LLC, the owner of the property described as Lot 1,
Block 1, South Zumbro Plaza Second (333 Crossroads Drive S.W.), for the placement of light
poles and vacuum cleaning equipment within the 34-foot public utility easement located on Lot 1.
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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 maintenance,
removal and repair of the light poles and vacuum equipment, as well as any
damages that might occur to public facilities resulting from the light poles' and
vacuum equipment's location within the public right-of-way.
2. Permittee understands that sanitary sewer and water main are located in the public
utility easement and that the encroachments are constructed above the sanitary
sewer and water main. If the situation arises that the light poles and vacuum
equipment must be removed to perform maintenance or repair on the existing
sanitary sewer, water main or any other utility located within the existing 34-foot
public utility easement, Permittee will be responsible for any costs associated with
removal or replacement of the light poles or vacuum equipment.
3. Permittee must 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;
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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
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 v' RD DAY OF 2008.
• PRESIDENT OF SAID COMMON COUNCIL
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ATTEST: %
CITY CLERK
APPROVED THIS DAY OF CA -- , 2008.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Res05\RevPermit\84
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