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I <br />I <br /> <br />J.'U~ .LU:oJ..;-..L.L O..LZ cia,' <br /> <br />RIGHT OF ENTRY AND W.ad'V'ER O]F TR_ESPASS AGILEEMENT <br /> <br /> This Right of Entry and Waiver of Trespass Agreement ("Agr~emeat") is made this <br />__ day of ,2000 by and between L. Vi. Makens and Diana M. Makens, <br />husband and wife [hereinafter "Owners"), and thc City of l~m.~ey, a Minnesota municipal <br />corporation Olereinaftcr thc "City"), (collectively referred to as the "Parties"). <br /> <br /> WHEREAS, Owners own certain real estate situated La the City of Ratmsey, Amoka <br />County, Minnesota, as more particularly shown on Exhibit "A' aria:hod hereto and incorporated <br />herein (hereinafter the "Property"); and <br /> <br /> WHEREA. S, the City has an interest in purchasing the Property and in connection with <br />the purchase it is desirous of entering upon the Property to conduct environmental mating; and <br /> <br /> WHERE-A.S, the Ch,vuers are desirous of granting thc City access to the Property all upon <br />the terms and conditions contained herein. <br /> <br /> NOW, WHEKEFOP,_E, in consideration of One Dollar and no/I00 DoUars ($1.00) and <br />other good and valuable consideration, the receipt and sufficiency of which is hereby <br />acknowledged, the Parties b~eby agree as follows: <br /> <br />Access to P'ropert;.y. Owners authorize the City, its agents, representatives, <br />and cona'actors to eater upon the Property in the are-', generally depicted in <br />Exhibit "A", for tN: purpose of cooAucting environ_mental tests in regard, to <br />its potential purchase of~h¢ Property and all pttrposes ancillary thereto. <br /> <br />Indemnification by CiW. The City shall indemnify and hold the Owners <br />harmless from any and all claimz or damages arising out of or relating to <br />its access to the Property by the City, its agents, representatives or <br />contractors. Said indemniScadon includes, but is not Limited to, any <br />actual damages, consequential damages, specia.1 d~mages including <br />reasonable attorneys' fees incun'ed by Owners. <br /> <br />Waiver of' Tresmass. The Owners hereby conseat to the entry upon the <br />Property by the City, its agents, representatives, and contractors amd <br />waive any claim of trespass for such enrr'y upon the Property. <br /> <br />-151- <br /> <br /> <br />