Agenda - Council - 08/08/2017 - Laserfiche WebLink

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RIGHT OF ENTRY AGREEMENT This AGREEMENT, made on this day of August, 2017 by and between the CITY OF RAMSEY, a municipal corporation under the laws of Minnesota ("City"), and MK Johnson Properties, LLC ("OWNER"). I. RECITALS 1.01. City is the fee owner of the real property legally described as follows ("PROPERTY"): East 50.00 feet of Outlot A, and the west 50.00 feet of Outlot B, Cor Stone Brook Academy, Anoka County, Minnesota. 1.02. OWNER intends to access and grade the Property as part of the development of the STONE BROOK ACADEMY building and site work on the adjacent parcel. 1.03. City and Owner desire to permit the Owner and its agents, employers, contractors and invitees to enter onto the Property for the purposes of site grading and to access for construction purposes. This access right is limited to the site improvements shown on the civil engineering plans from Hakanson Anderson as dated May 17, 2017, revised July 18, 2017 (the "Plans"). II. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties agree as follows: 2.01. Entry. Effective upon the date hereof, City hereby grants the Owner and its agents, employers, contractors and invitees the right to enter upon the Property for the purpose of site grading and construction consistent with the Plans. This right of entry expires the earlier of the issuance of a Certificate of Occupancy for Owner's adjacent parcel or June 1, 2018. 2.02. Indemnification of the City. In consideration for such entry, Owner agrees to and shall indemnify, defend and hold harmless City, its agents, employees and personal representatives from and against any action, claim, damage, liability, loss, cost or expense (including, without limitation, attorney's fees and costs), resulting from Owner's access of and construction within the Property. 2.03 Hazardous Materials. Owner shall not deposit or store hazardous materials on the Property, or carry hazardous materials across the Property, without the City's written permission. Owner is solely liable for any and all damages to people or property, and for any and all environmental response and/or clean-up costs, arising out of Owner's deposit, storage or transfer of hazardous materials upon or across the Property.