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01/12/2004 Council Packet
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01/12/2004 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
01/12/2004
Council Meeting Type
Regular
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• INSPECTION AGREEMENT <br />• <br />THIS AGREEMENT is made as of November 19, 2003, between the CITY OF <br />LINO LAKES, MINNESOTA, a municipal corporation under the laws of Minnesota (the <br />"City"), and JOEL AND ELISE TAGGS (the "Owners "). <br />RECITALS <br />A. The Owners own certain property described in Exhibit A (the "Property"), <br />which the City proposes to include within Tax Increment Financing (1'IY) District No. 11. <br />B. In order to determine if the Property qualifies as a redevelopment district <br />under Minnesota Statutes Section 469.174, Subd. 10, the City engaged SEH Engineering <br />(the "Consultant ") to examine the Property and all the buildings located thereon. <br />C. The Owners have agreed to permit the Consultant to enter the Property, <br />with the express condition that such consent is subject to all the terms and conditions of <br />this Agreement. <br />NOW, THEREFORE, in consideration of the premises and the mutual obligations of <br />the parties hereto, each of them does hereby covenant and agree with the other as follows: <br />1. The Owners permit the Consultant to enter the property on or about <br />November 19, 2003, for the sole purpose of inspecting the buildings located on the <br />Property, both interior and exterior, to determine whether those buildings meet the <br />requirements of a substandard building within the meaning of Minnesota Statutes, <br />Section 469.174, subd. 10. <br />2. The City agrees and understands that all data gathered, analysis <br />performed, and conclusions drawn by the Consultant or City regarding the Property, <br />whether reduced to written form or not, in the course of or in regard to inspection of the <br />Property shall be used exclusively for the City's purpose of evaluating whether the <br />Property qualifies as a redevelopment district, and for no other purpose. The City <br />specifically agrees that it will not use data obtained by the Consultant (a) in connection <br />with any action to enforce City ordinances or State law governing the buildings, <br />including without limitation the building code, or (b) as evidence to obtain a warrant for <br />any subsequent inspection of the Property by the City for any purpose. Nothing in this <br />Section is intended to limit the City's rights to enforce City ordinances based on <br />information not obtained by the Consultant. <br />3. The Owners agree that the City shall have no responsibility to cure any <br />conditions on the Property reported by the Consultant. The Owners specifically hold the <br />City harmless against any claim arising from or related to any dangerous condition or <br />other type of condition causing public safety concems, that was or could have been <br />observed by the Consultant in the course of inspecting the Property. <br />
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