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HomeMy WebLinkAboutResolution No. 079-17 - RevocablePermit - Thomas & LauraProw.Trust RESOLUTION BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a revocable permit to Thomas E. Prow and Laura L. Prow as trustees of the Thomas E. Prow and Laura L. Prow Revocable Trust dated January 5, 2007, the owner of real property described as Lot 1 and the South 4 feet of Lot 2, Elliott’s Resubdivision of Blocks 6 and 11, Olmsted County, Minnesota to allow for the installation of various improvements including fencing and a patio on the abutting City-owned property and within the Civic Center Drive N.W., right-of-way. BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the following conditions: 1. Permittee will maintain the private improvements at their own expense. Permittee will also maintain that portion of the City-owned property and Civic Center Drive N.W., right-of-way located within the fence. Permittee shall pay all property tax due and payable for the City-owned parcel. 2. 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; 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; 1 6. Permittee must remove any improvement from the City’s easement 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; 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 _______________, 2017. ___________________________________ PRESIDENT OF SAID COMMON COUNCIL ATTEST: __________________________ CITY CLERK APPROVED THIS _____ DAY OF ______________________, 2017. ___________________________________ MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Res15\\RevPermit\\37 2