HomeMy WebLinkAboutResolution No. 263-03 RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Paster Enterprises to allow the placement of a retaining wall within a
drainage/utility easement within the City right-of-way on L2 B3 Rochester Marketplace.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. The maximum encroachment into the public easement is eight feet;
2. The Permittee will dedicate a sidewalk maintenance easement and make
provisions for the utilities within the easement area;
3. Permittee will pay$64.37 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 easement;
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 easement 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 easement; and
• 9. This permit may not be assigned without the pp
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 , 2003.
A P;,RESIDENT'OF SAID COMMON COUNCIL
ATTEST: ,&UJ &� —
TY CLERK
APPROVED THIS DAY OF , 2003.
MAYOR OF SAID CITY
40Seal of the City of
Rochester,.Minnesota)
Res2000\Revpermit.46