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RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this _ day of 2008, by and between the City of Little Canada, a municipal corporation under the laws of Minnesota (the "City"), and Claudette V. Philbrook Bougie, a married person and the John T. Bougie Trustees ("Bougies""). A. The Bougies are the owners of the real property depicted on Exhibit A attached hereto and labeled as "Road Right-of--Way to Be Acquired" (said road right-of--way to be acquired shall hereinafter be referred to as the "Property"). B. The Bougies and City have entered into a purchase agreement to allow City to acquire the needed right-of--way as set forth in the memorandum on Exhibit A that is attached hereto as Exhibit B. C. The Bougies need to obtain a Consent to Easement from their mortgage lender to consummate the sale of the land to City needed for public right-of--way. D. The City desires the ability to enter onto the Property to facilitate the construction of a public street and utilities needed to reconstruct Condit Street from Nadeau Road to South Owasso Boulevard. E. The Bougies have agreed to allow City and its assigns to enter onto the Property for the purposes described herein in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings, and other consideration set forth in the Agreement, the City and Bougies hereby agree as follows: 1. Right of Entry. The Bougies hereby grant City, ifs contractor, Tower Asphalt, Inc. for Improvement Number 2008-02 and the employees, agents, and subconri•actors retained by either City or its Contractor (collectively, the "City Authorized Parties") a license to enter upon the Property to facilitate the reconstruction of Condit Street as set forth in the plans and specifications for City Improvement Number 2008-02. Bougies agree that the City Authorized Parties may enter upon the Property to perform the reconstruction work upon execution of this Agreement and may have access to the Property for such purposes under this Agreement tluough the date of the conveyance of the Property to City. 2. Liens. City shall not permit any mechanics', materialmens' or other liens to stand against the Property or any part thereof for work or materials furnished to City or City Authorized Parties in connection with the right of entry granted pursuant to this Agreement and City agrees to indemnify, defend and hold harmless the Bougies from and against the same. 3. Release. City releases Bougies from any claims for loss or damage to property or any injury to or death of any person arising out of or relating to City Authorized Parties' presence on the Property pursuant to this Agreement or in City's exercise of its rights or performance of its obligations under this Agreement.