Resolution - #00-06-145 - 06/13/2000

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• • Councilmember Hendricksen introduced the following resolution and moved for its adoption: RESOLUTION #00 -06 -145 RIGHT OF ENTRY AND WAIVER OF TRESPASS AGREEMENT This Right of Entry and Waiver of Trespass Agreement ( "Agreement ") is made this day of , 2000 by and between L. W. Makers and Diana M. Makers, husband and wife (hereinafter "Owners "), and the City of Ramsey, a Minnesota municipal corporation (hereinafter the "City "), (collectively referred to as the "Parties "). WHEREAS, Owners own certain real estate situated in the City of Ramsey, Anoka County, Minnesota, as more particularly shown on Exhibit "A" attached hereto and incorporated herein (hereinafter the "Property"); and WHEREAS, the City has an interest in purchasing the Property and in connection with the purchase it is desirous of entering upon the Property to conduct environmental testing; and WHEREAS, the Owners are desirous of granting the City access to the Property all upon the terms and conditions contained herein. NOW, WHEREFORE, in consideration of One Dollar and no /100 Dollars ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: 1. Access to Property. Owners authorize the City, its agents, representatives, and contractors to enter upon the Property in the area generally depicted in Exhibit "A ", for the purpose of conducting environmental tests in regard to its potential purchase of the Property and all purposes ancillary thereto. 2. Indemnification by City. The City shall indemnify and hold the Owners harmless from any and all claims or damages arising out of or relating to its access to the Property by the City, its agents, representatives or contractors. Said indemnification includes, but is not limited to, any actual damages, consequential damages, special damages including reasonable attorneys' fees incurred by Owners. 3. Waiver of Trespass. The Owners hercby consent to the entry upon the Property by the City, its agents, representatives, and contractors and waive any claim of trespass for such entry upon the Property.