HomeMy WebLinkAboutResolution No. 260-17 - BroadwayRetailGroup,LLC.RevocablePermit
RESOLUTION
BE IT RESOLVED by the Common Council of the City of Rochester that the City grant a
revocable permit to Broadway Retail Group, LLC, to allow the placement of a retaining wall and
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supporting geogrid within the right-of-way of South Broadway Avenue and 17 Street S.E.,
adjacent to the property described as Lot 2, Block 1, Rochester Lodging Ventures Addition, and
within a pedestrian facility and right-of-way maintenance easement located on that property.
BE IT FURTHER RESOLVED that the granting of the revocable permit is subject to the
following conditions:
1. Permittee will install and maintain the retaining wall and supporting geogrid at its
own expense. Permittee will also be responsible for the cost to remove, replace, or
reinstall the retaining wall and geogrid as well as any damages to public facilities.
2. 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 easement or property at
its own cost should the City make such a request. Should the City remove any
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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\\44
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