HomeMy WebLinkAboutResolution No. 444-16 - DeerhornPartnersLLC.RevocablePermit.RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Deerhorn Partners, LLC, the owner of property described as Lot 1, Block 2,
The Gardens North Development, and Lot 1, Block 1, The Gardens North Development Fifth, to
allow for the installation of a landscape island, a monument sign, fencing, and landscaping within
the undeveloped right-of-way of 40t" Street S.E. These improvements will be adjacent to the
private access driveway constructed by the Permittee within the undeveloped right-of-way of 40t"
Street S.E., as permitted by a separate revocable permit.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. 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
encroachments 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;
2. Permittee must pay $124.37 to the City for document preparation and recording;
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 his use
of the City's property;
4. Permittee must execute any document required by the City Attorney's Office prior to
delivery of the permit;
5. 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,
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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 any encroachment from the
City's property; 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 , 2016.
ATTEST:
PRESIDENT OF SAID COMMON COUNCIL
CITY CLERK
APPROVED THIS DAY OF .2016.
(Seal of the City of
Rochester, Minnesota)
Res 1 5\RevPermit\34
MAYOR OF SAID CITY
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