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HomeMy WebLinkAboutResolution No. 596-15 - CemstoneProductCo.ROWImprove.RevPermitRESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Cemstone Products Company to allow the placement of pavers and two retaining walls in the right-of-way of Enterprise Drive S.W., adjacent to the property described as Lot 5, excepting the South 150 feet therefrom, and Lot 6, all in Block 2, Willow Center Subdivisions. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions- 1. Permittee will install, replace, and maintain the encroachments at its own expense. 2. Permittee will maintain the encroached -upon City property at its own expense. Permitee will also be responsible for the cost to remove and reinstall the encroachment if any repairs must be made to the existing public property. Permitee will also be responsible for the cost to remedy any damages to public property; 3. Permittee must pay $124.37 to the City for document preparation and recording; 4. 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 his use of the City's property; 5. Permittee must execute any document required by the City Attorney's Office prior to delivery of the permit; 6. Permittee must remove any encroachment from the City's right-of-way at its own cost should the City make such a request. Should the City remove any 1 encroachment, Permittee shall reimburse the City for any costs the City incurs; 7. Permittee will not to seek any relocation costs or other damages from the City for any reason should Permittee be required to remove any encroachment from the City's property; and 8. 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 , 2015. ATTEST: PRESIDENT OF SAID COMMON COUNCIL CITY CLERK APPROVED THIS DAY OF .2015. (Seal of the City of Rochester, Minnesota) Res15\RevPermit\19 MAYOR OF SAID CITY 2