01-14-2004 Additions - Laserfiche WebLink

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FIRST AMENDMENT TO RIGHT OF ENTRY AGREEMENT THIS AMENDMENT is made as of the day of January 2004 by and between the City of Little Canada, a municipal corporation under the laws of Minnesota (the "City "), and RAB, LLC, a Minnesota limited liability company (the "Developer "). A. City and Developer are parties to a Right of Entry Agreement dated October 22, 2003 (the "Agreement ") relating to certain real property depicted on Exhibit A attached hereto and labeled as "City Property ". The parties hereto desire to amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. All capitalized terms in this agreement shall have the meanings given such terms in the Agreement unless otherwise defined herein or unless the context indicates otherwise. 2. Section 1 of the Agreement relating to right of entry is amended to read as follows: "1. Right of Entry. The City hereby grants Developer, its employees, agents and contractors (collectively, the "Developer Authorized Parties ") a license to enter upon the Property to conduct and perform the Permitted Activities conducted on the Property. Developer hereby agrees that Developer is proceeding with the Permitted Activities at the Developer's risk without reimbursement or compensation from the City. The City agrees that the Developer 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 earlier of (i) the date of the conveyance of the Property to Developer, or (ii) Marchl, 2004." 3. Section 5 of the Agreement relating to restoration of the Property is amended to read as follows "5. Restoration. If the City has not conveyed the Property to the Developer on or before March 1, 2004, the Developer must fill any holes or excavations, compact the fill, grade the Property to a consistent grade based on adjoining properties with said grading to be approved by the City prior to the commencement of any restoration activity, and seed the Property in accordance with any requirements imposed by the Washington/Ramsey Watershed District. The restoration activities described in this Section shall be completed by May 31, 2004. To guarantee compliance with this provision, Developer shall deposit $10,000 with the City. Should Developer fail to comply with the terms of this agreement, said deposit shall be forfeited and City will take whatever actions it deems appropriate to restore site to an appropriate condition."