10-27-2004 Additions - Laserfiche WebLink

Home Browse Search

FIRST AMENDMENT to RIGHT OF ENTRY AGREEMENT THIS AMENDMENT is being to the Right of Entry agreement originally dated October 22, 2003, by and between the City of Little Canada, 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. The City is the owner of the real property depicted on Exhibit A attached hereto and labeled as "City Property ". The Developer and City have previously entered into a Development Agreement dated July 28, 1999, for the Property. Developer currently is in default of this Development Agreement. The Developer and City are negotiating an amendment to the Development Agreement pursuant to which the City would convey the Property to the Developer and the Developer would agree to construct approximately 16,000 square feet of office space and related improvements on the Property within prescribed timelines and with appropriate sureties. D. The Developer desires to enter onto the Property for purposes of preparing the site to facilitate construction of a 16,000 square foot office building in order to expedite construction and avoid seasonal construction delays. Said work may include grading, excavation, filling, installation of base material for the new building minor extensions of the water, sanitary sewer, and storm drainage service lines, and paving. Footing installation will also be allowed subject to zoning approval for the new building and the issuance of a building permit by Little Canada's Building Official. The City has agreed to allow Developer to enter onto the Property for the purposes described herein in accordance with the terms and conditions of the 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 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) January 15, 2005.