08-14-2013 Council Agenda - Laserfiche WebLink

Home Browse Search

RIGHT OF ENTRY AGREEMENT THIS AGREEMENT ( "Agreement ") is made and entered into as of this _ day of' , 2013, by and between the City of Little Canada, a municipal corporation under the laws of Minnesota (the "City "), and St. John's Church of Little Canada (St. John's). A. St. John's is the owner of the real property depicted on Exhibits A and B attached hereto and labeled as "Sidewalk Easements to Be Acquired" (said sidewalk easements to be acquired shall hereinafter be referred to as the "Property "). 13. The City desires the ability to enter onto the Property to facilitate the reconstruction of a Little Canada Road and related utilities including the addition of a turn lane from Little Canada Road on to southbound MeMenemy Street as depicted on Exhibit C attached hereto. Said work will be based on the requirements of the City's engineer and will include, but is not necessarily limited to the installation of storm sewer, grading, excavation, base material for a public street and sidewalk, concrete curb and gutter, bituminous pavement for the street surface, sidewalk, and retaining walls. C. The City will also facilitate improvements on St. John's property for the sole benefit of St. John's which will be totally paid for by them. This work consists of a new sidewalk to the office area and parking /driveway modifications for the handicapped parking area on the northeast corner of the Church. The area impacted by this work is depicted in Exhibit D attached hereto and labeled "Other Work To Be Completed ". This area is also considered in the definition of the "Property ". D. The City will be conducted an appraisal of the value of the Property and will negotiate with St. John's in good faith to reach a mutually satisfactory agreement on compensation. E. St. John's has 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 St. John's hereby agree as follows: 1. Right of Entry. St. John's hereby grants the City and the employees, agents, and contractors retained by the City (collectively, the "City Authorized Parties ") a license to enter upon the Property to conduct and perform the Permitted Activities. St. John's agrees 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 until Termination as provided in Section 8. 2. Liens. City shall not permit any mechanics', materialmens' or other liens to stand against the Property or any part thereof for work or materials furnished to City or City 2