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HomeMy WebLinkAboutResolution No. 161-03 4 RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to James Franck of 1503 Fourth Avenue S.W., to allow the placement of a fence not to exceed six feet in height to be placed within the undeveloped public walkway located between Lots 10 and 11, Graham Addition. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the �ollowing conditions: 1. Permittee will pay $64.37 to the City for document preparation and recording; 2. Permittee is responsible for all costs for the installation, maintenance and repair of the encroachment; 3. 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 right-of-way; 4. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 5. Permittee must remove the encroachment from the City's right-of-way 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; 6. 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 right-of-way; and • 7. 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 DAY OF /ll,Q , 2003. P IDENT OF sATb COMMON COUNCIL ATTEST: ITT CLERK APPROVED THIS DAY OF ,Y,c.� , 2003. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) es2000\Revperm it.39