Agenda - Council - 01/23/2024 - Laserfiche WebLink

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Anoka County Contract# TEMPORARY USE AGREEMENT THIS AGREEMENT is made by and between the County of Anoka ("County") a political subdivision of the state of Minnesota, 2100 Third Avenue, Anoka, MN 55303, the City of Ramsey, a Minnesota municipal corporation, 7550 Sunwood Drive NW, Ramsey, MN 55303 ("City") and Ames Construction, Inc., a Minnesota corporation, 2500 County Road 42 West Burnsville, MN 55337 ("Contractor"). The entities may also be referred to as "the parties" herein. WHEREAS, the County and City own certain land located along US Highway 10/169 corridor in the City of Ramsey west of CSAH 56 (Ramsey Boulevard) which is identified in property records as PI D 28-32-25-31-0005 (Parcel 4) owned by County, and PI D 28-32-25-43-0002 (Parcel 7) owned by City, which are depicted in the attached Exhibit A(collectively the "Property"); and, WHEREAS, Contractor wishes to use the Property for Contractor's operations, as identified in Exhibit B, for its work during MN State Project SP 0202-116, led jointly by the County and the Minnesota Department of Transportation (MnDOT) (hereinafter"Project"); and, WHEREAS, County and City agree to permit the Contractor to use the Property for this purpose during the time identified herein and pursuant to the conditions set forth in this Agreement; WHEREAS, the County made this Agreement available for review by MnDOT, and no concerns were noted regarding the parties' arrangements for the Project and use of the Property described herein. NOW THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the County, City, and Contractor agree as follows: I. USE County and City hereby certify they are the current legal owners of the Property and do hereby grant Contractor and its employees and agents access to and the right to enter upon and use the Property for the purpose of its temporary construction operations and storage during the Project. Contractor's activities may require the crushing of bituminous materials or rubble, which shall be performed only with approved specifications and through City permitting process. See also Section VII. below. II. TERM This Agreement shall be effective January 23, 2024, and will continue until completion of the Project, or December 1, 2026, whichever occurs first. This Agreement may be terminated early by the County or City upon reasonable notice to Contractor if the County or City has an immediate public need for all or a portion of the Property that conflicts with this Agreement. III. PAYMENT AND RESTORATION Because the Property will be used in furtherance of a County and state MnDOT Project, no 1