Agenda - Council - 05/22/2018 - Laserfiche WebLink

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RIGHT OF ENTRY AGREEMENT This AGREEMENT, made on this day of , 2018 by and between the CITY OF RAMSEY, a municipal corporation under the laws of Minnesota ("City"), and CAP Acquisitions, LLC, a Washington Limited Liability Company ("OWNER"). I. RECITALS 1.01. City is the fee owner of the real property legally described within Exhibit A of this Agreement ("PROPERTY"). 1.02. OWNER intends to access and grade the Property as part of the development of the Affinity at Ramsey apartment complex and site work on the adjacent parcels. 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 construction. This access right is limited to the site improvements described within the Development Agreement between the City of Ramsey and CAP Acquisitions LLC dated , 2018 (the "Plans"). The geographic limits of the construction area are described within Exhibit B of this Agreement. 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 construction as described within the Development Agreement between the City of Ramsey and CAP Acquisitions LLC dated 2018. This right of entry expires the earlier of the issuance of a Certificate of Occupancy for Owner's adjacent parcel or August 1, 2019. 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. Page 1 of 5