Agenda - Council - 01/09/2018 - Laserfiche WebLink

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RIGHT OF ENTRY AGREEMENT This AGREEMENT, made on this day of January, 2018 by and between the CITY OF RAMSEY, a municipal corporation under the laws of Minnesota ("City"), and Ramsey Station Apartments Limited Partnership ("Owner"). I. RECITALS 1.01. City is the fee owner of the real property legally described as follows ("PROPERTY"): Outlot A, Greenway Terrace, Anoka County, Minnesota. 1.02. OWNER seeks to access the Property as part of the development of the Greenway Terrace building and site work on the adjacent parcel. 1.03. City is willing to permit the Owner and its agents, employees, contractors and invitees to enter onto the Property for construction purposes. This access right is limited to construction staging and materials storage for the construction of Greenway Terrace. 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, employees, contractors and invitees the right to enter upon the Property for the purpose of construction consistent with Section 1.03. This right of entry expires the earlier of the issuance of a Certificate of Occupancy for Owner's adjacent parcel or December 31, 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. 2.03. Governing Law. This agreement shall be interpreted in accordance with and governed by the laws of the state of Minnesota.