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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />TRESSPASSING AGREEMENT <br /> <br />1. PARTIES. This Tresspassing Agreement is made this _ day of ,2001 <br />by and between Jacob Barthold, ("Owner") and the CITY OF RAMSEY, a municipal corporation <br />under the laws of the State of Minnesota, ("the City"). <br /> <br />2. SUBJECT PROPERTY. Owner is the owner of that certain real estate, Anoka County <br />within P.I.D. #14-32-25 ,!4-0013 located in Ramsey, Minnesota, Anoka County, graphically <br />described on the attached EXHIBIT A, (the "Subject Property"). <br /> <br />3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein, the City <br />offers and agrees to hold harmless Owner of liability and agrees to pay' the Owner a sum of $2,000 <br />for tree loss if the River Pines 5th Addition does not get approved; and Owner agrees to allows the <br />City the ability to trespass onto the Subject Property for the purposes of constructing and <br />maintaining a temporary Class 5 culdesac for snowplowing and emergency.vehicle purposes. <br /> <br />4. CONTINGENCY/ACCEPTANCE DEADLINE. This Trespassing Agreement is <br />contingent upon approval of the Ramsey City Council within 30 days of the date of this Trespassing <br />Agreement. If the City Council does not approve this Trespassing Agreement within that period, <br />this Trespassing Agreement shall be null and void. <br /> <br />5. DATE OF CLOSING. The Date of Closing or Closing Date shall be ~ <br />earlier date as the parties may mutually agree upon. <br /> <br />, 2001 Or such <br /> <br />6. MARIrdgTABILITY OF TITLE. Owner represents and warrants that the following <br />persons or entities are the only persons or entities with ownership interests in the Subject Property: <br /> <br />a. The fee owner of the Subject Property is: <br /> <br />JACOB BARTHOLD <br /> <br />7. TIME OF ESSENCE. Time is of the essence in this Trespassing Agreement. <br /> <br />ENTIRE AGREEMENT. This Trespassing Agreement, any attached exhibits and any <br />addenda or amendments signed by the parties, shall constitute the entire Agreement between <br />Owner and the City, and supercedes any other written or oral agreements between Owner <br />and The City. This Trespassing Agreement can be ?~di,fied only in writing signed by <br />Owner and The City. <br /> <br />-65- <br /> <br /> <br />