06-08-2005 Council Agenda - Laserfiche WebLink

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RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this day of , 2005, by and between the City of Little Canada, a municipal corporation under the laws of Minnesota (the "City "), and David and Teresa Estes Miller, husband and wife ( "Millers "). A. The Millers are the owner of the real property depicted on Exhibit A attached hereto and labeled as "Road Right -of -Way to Be Acquired ". B. The Millers and City have previously reached into an agreement to allow City to acquire the needed right -of -way based on the memorandum dated October 22, 2004 from City Administrator Joel Hanson and the letter from Miller's attorney Joseph W. Kueppers dated October 22, 2004 and attached as Exhibits B and C, respectively. C. The Millers have encountered delays in securing a partial release of mortgage need 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 serve the Hidden Acres Subdivision and other adjoining properties in addition to relieving traffic impacts to the neighborhood. Said work will be based on the requirements of the City's engineer and will include, but not necessarily be limited to, the installation of water main and services, sewer main and services, storm sewer, grading, excavation, base material for a public street, concrete curb and gutter, and bituminous pavement for the street surface. E. The Millers 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 Developer hereby agree as follows: 1. Right of Entry. The Millers hereby grant City, Masterpiece Homes, Inc. and the employees, agents, and contractors retained by either City or Masterpiece Homes, Inc. (collectively, the "City Authorized Parties ") a license to enter upon the Property to conduct and perform the Permitted Activities. Millers agree that the City Authorized Parties may enter upon the Property to perform the Permitted Activities 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. Release, Defense, and Indemnification Covenants. City releases Millers 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. City agrees to defend the Millers from and against claims from third parties for loss or damage to property, claims for any injury to or death of any person, mechanic's lien claims or claims arising out of or