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RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this 22nd day of October, 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 ". 13. 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. C. 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 27,000 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 constructing a parking lot to serve the new potential use for the Property as well as the another property located at 2925 Country Drive in order to expedite construction and avoid seasonal construction delays. Said work may include grading, excavation, filling, installation of base material for the parking lot, curbing, minor extensions of the water and sanitary sewer service lines, and paving. E. 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) December 31, 2003. 2. Release, Defense, and Indemnification Covenants. Developer releases the City, and its respective council members, officers, agents, servants and employees (collectively, the "City 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