2004-006 Council Resolution - Laserfiche WebLink

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