Agenda Packets - 1999/10/25 - Laserfiche WebLink

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GRANT AND ACCEPTANCE OF LIMITED USE AGREEMENT THIS LMTED USE AGREEMENT (the "Agreement") is made as of 1999, by and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and SPENCER MISTELSKE (the "Resident"). RECITALS A. The Resident is the owner of property legally described on the attached Exhibit A (the "Parcel"). B. The Resident desires to use a portion of Laport Drive, which is a dedicated and unimproved City street, for the purpose of constructing, using, and maintaining a driveway designed to serve the Parcel. A drawing of the location of the driveway is attached as Exhibit B. AGREEMENT 1. Offer and Acceptance of Agreement. Subject to the terms and conditions of this Agreement, the City and the Resident agree that the Resident may construct and maintain the driveway depicted on Exhibit B. 2. Consideration. In consideration for the right to construct and maintain the driveway, the Resident has paid to the City one dollar($1.00)upon execution of this Agreement. 3. Construction, Maintenance, and Repair of Driveway. The Resident shall construct the Driveway and shall be solely responsible for all maintenance and repair of the driveway, including removal of snow and ice. The City shall have no responsibility for the maintenance or repair of the driveway. 4. Indemnification. The Resident shall at all times indemnify and hold harmless the City from any and all claims for damages, including costs and attorney fees, arising from or by reason of the design, construction, maintenance, use, and removal of the Project; provided, however, that nothing in this Agreement shall be construed to waive any rights that the City has against the Resident under this Agreement. Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes, Section 466.04. 5. Limitation of Use. The use of this driveway shall be limited to the Resident. The driveway shall provide no access to other properties or residences. In the event of additional development in this area, improvement of the right of way by means of a standard City street will be required.