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HomeMy WebLinkAboutResolution No. 383-16 - RevocablePermit.BarlowPlazaLLC.ParkingLotROWRESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Barlow Plaza LLC, the owner of property described as part of Lots 14 and 15, Auditor's Plat D, and part of the Southeast Quarter of the Northeast Quarter of Section 34, Township 107, Range 14, to extend the parking lot that serves the owner's property into the right- of-way of Civic Center Drive N.W. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions- 1 . Permittee must maintain the parking lot 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 improvements 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 improvement from the City's right-of-way at its own cost should the City make such a request. Should the City remove any encroachment, Permittee shall reimburse the City for any costs the City incurs; 1 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 ATTEST: CITY CLERK DAY OF , 2016. PRESIDENT OF SAID COMMON COUNCIL APPROVED THIS DAY OF , 2016. (Seal of the City of Rochester, Minnesota) Res 1 5\RevPermit\33 MAYOR OF SAID CITY 2