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HomeMy WebLinkAboutResolution No. 268-03 ----------- RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Ron Dickie of the Chester Berry Farm to allow the placement of a produce stand within the City right-of-way between Highway 63 and the West Frontage Road in front of the Fleet Farm store. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the �ollowing conditions: 1. Permittee will comply with the City's zoning ordinance as to the placement of banners; 2. Permittee will not permit parking to take place within 50 feet of the stop sign located at the intersection of the West Frontage Road and 36th Street S.W.; 3. Permittee will not place the produce stand at this location prior to May 1St of each year and will remove it no later than October 1st of each year; 4. Permittee will pay $64.37 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 easement; 7. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; • 8. 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; 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 easement; 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 /"-7W DAY OF W�& , 2003. �f I PRF_S'IDENT OF SAID COMMON COUNCIL ATTEST: � O�/� . CITY CLERK APPROVED THIS &;7/ DAY OF , 2003. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) - Res2000\Rev.Derm it.45 •