12-17-2002 Council Agenda - Laserfiche WebLink

Home Browse Search

RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this 4th day of December, 2002, by and between the Economic Development Authority of the City of Little Canada, a body corporate and public established under Minnesota Statutes Ch. 469 (the "EDA "), and The Villas at Little Canada LLC, a Minnesota limited liability company and Sherman Associates, Inc., a Minnesota corporation (collectively, the "Developer "). A. The Developer and the EDA are negotiating a Development Agreement and Purchase Agreement (collectively, the "Development Agreement ") pursuant to which the EDA would convey the real property described on Exhibit A (the "Property ") to the Developer and the Developer would agree to construct certain improvements on the Property. B. The Developer desires to enter onto the Property for purposes of (i) conducting such tests and inspections as Developer may deem necessary or advisable, including soil tests, environmental audits, architectural and engineering surveys, and contractor inspections, (ii) storing soil, and (iii) rough grading of the Property (the "Permitted Activities "). C. The EDA has agreed to allow Developer 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 this Agreement, the EDA and Developer hereby agree as follows: 1. Right of Entry. The EDA 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. Developer shall be responsible for any and all costs related to 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 EDA, unless otherwise provided in any Development Agreement that may be entered into between the Developer and the EDA. The EDA 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 from the EDA to Developer, or (ii) June 30, 2003. 2. Release, Defense and Indemnification Covenants. Developer releases the EDA, the City of Little Canada, and their respective council members, officers, agents, servants and employees (collectively, the "EDA Parties ") from any claims for loss or damage to property or any injury to or death of any person arising out of or relating to Developer's presence on the Property pursuant to this Agreement or Developer's exercise of its rights or performance of its obligations under this Agreement. Developer agrees to 2-