Agenda - Council - 06/14/2016 - Laserfiche WebLink

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141(1-1 I (11I-1,N I RY A(iREENIEIN I THIS AGRE vMENT, !!!de on iln,= or 7.‘.,1t,/, 201. I, .nk! 1.he (-ITN' OF RAMSEY. a municipal corporation under the laws of Minnesota (-City-). and the NORTHFORK 110N1FOWNFRS ASSOCIATION, INC. (-Owners-) RECITALS 1.01. Owners are the fee simple owner of the real estate legally described as Oudot D, NORTHFORK MOORS ..4DDITION, according to the recorded plat in 4noka County, Minnesota ("Property"). City intends to access a portion of the Property, as described on Exhibit A ("Trail Easement"), to clear trees, perform grading activities, and construct a public bituminous trail to implement City improvement project 1410-07; Alpine/Roanoke Street Improvements ("Project"). This work is anticipated to begin \vithin the next 5 days, and continue to occur ter 9pproN mately 30 days. 1.02. City and Owners desire to permit City and its agents, employers, contractors and invitees to enter on the Property immediately so as to complete the required improvements while the formal trail easement documents are being completed. 1.03. 1 he City and Owners have reached an agreement on the terms and conditions under which City will perform the Project on the Property. The City agrees that Owners shall receive an executable legal document for the previously agreed to Trail Easement that will only encumber the land necessary to construct and maintain the trail within the Property. There will be no compensation for the Trail Easement, as the final document will allow for future modifications to the Trail Easement at such time that the Property is platted. 11. AGREEMENT NOW, THEREFORE, in consideration of the premises and their mutual promises. the parties hereto hereby agree as follows: 2.01. Early Entry. Effective upon the date hereof, Owners hereby grants the City and its agents. employers, contractors and invitees the right to enter upon the Trail Easement for the purpose of implementing the Project. 2.02. Indemnification of the Owner. In consideration for such early entry. City agrees to and shall indemnify, defend and hold harmless Owners and their heirs and personal representatives from and against any action, claim, damage, liability, loss, cost or expense (including, without limitation, attorneys fees and costs). resulting from said performance of the Project within the Drainage Easement. 2.03. Governing Law. This agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota.