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RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into as of this day of 2010, by and between the City of Little Canada, a nmwmicipal corporation under the laws of Minnesota (the "City"), and Gerald Battista and Norma Battista, a married couple ("Battistas"). A. Battistas are the owners of the real property located at 951 Beam Avenue in Little Canada, Minnesota (hereinafter referred to as the "Property"). B. City desires to acquire a portion of the Property as depicted on Exhibit A attached hereto and labeled as "iJtility Easement To Be Acquired". C. Battistas and City have agreed in principal to the terms to allow City to acquire the needed easement. D. The City and their representatives desires the ability to enter onto the Property to conduct a property survey to facilitate the construction of a sanitary sewer line fiom Kohlnmau Lane to Gervais Woods as depicted on Exhibit A. E. Battistas have agreed to allow City and its assigns to enter onto the Property for the purposes described herein in accordance with the teens 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 Battistas hereby agree as follows: 1. Right of Entry. Battistas hereby grant City, its engineer, Elfering & Associates, and Rum River Land Surveyors, Inc., a certified land sw•veyor (collectively, the "City Authorized Parties") a license to enter upon the Property to conduct a survey and other relevant testing confned to the easement area to facilitate the design of a sanitary sewer line to be designated as City Improvement Number 2010-14. Battistas agree that the City Authorized Parties may enter upon the Property to perform the survey and necessary testing work upon execution of this Agreement and may have access to the Property for such purposes under this Agreement through 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 funmished 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 Battistas from and against the same. 3. 12elease. City releases Battistas 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.