HomeMy WebLinkAbout6.l.Right of Entry for 14105 Akron Avenum Property, City Project #399AGENDA ITEM: Right -of Entry for 14105 Akron Avenue
Property, City Project #399
AGENDA SECTION:
Consent
PREPARED BY: Andrew J. Brotzler, PE, City Engineer
AGENDA NO. 6
ATTACHMENTS: Right -of -Entry; Map
APPROVED BY:
oza
RECOMMENDED ACTION: Motion to execute the Right -of -Entry Agreement for 14105
Akron Avenue with Mr. Gary Adelmann and authorize the necessary signatures.
4 ROSEMOUNT
CITY COUNCIL
Special City Council Meeting: October 21, 2008
EXECUTIVE SUMMARY
ISSUE:
Gary Adelmann, owner of 14145 Akron Avenue, would like to remove and salvage the deck on the house
that the City purchased from the Lind family at 14105 Akron Avenue. As the owner of the property, the
City needs to execute a right of entry agreement to allow Mr. Adelmann to salvage the deck.
BACKGROUND:
Earlier this year, the City purchased the property at 14105 Akron Avenue. Since that time, Gary
Adelmann has approached the City with the interest of removing and salvaging the deck at the site. City
staff is receptive to this proposal because the house is going to undergo demolition in the future for the
road improvements to Akron Avenue.
To allow Mr. Adelmann onto the property to salvage the deck, the City must execute a right of entry
agreement which indemnifies the City from any harm that may happen during Mr. Adelmann's work.
SUMMARY:
Staff recommends approval of the attached Right -of -Entry Agreement with Gary Adelmann.
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14105 Akron Avenue
Righ of Entry
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October 2008
RIGHT -OF -ENTRY AGREEMENT
THIS AGREEMENT is made on this day of 2008, by and
between the City of Rosemount, a municipal corporation under the laws of Minnesota "Owner
and Gary Adelmann, a resident.
Recitals
A. Owner is the owner in fee simple of the real estate that is located at 14105 Akron Avenue in
the City of Rosemount "Subject Property").
B. Adelmann wishes to remove and salvage a wooden deck from the Subject Property
"Project
C. Owner is willing to grant a right -of -entry to Adelmann for the Subject Property for the
Project, subject to the terms of this agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
parties hereto hereby agree as follows:
1. Right -of- Entry. Owner hereby grants to the Adelmann, his agents, and contractors,
permission to enter upon the Subject Property for the purpose of the Project.
2. Indemnification by Adelmann. In consideration for such Right -of -Entry, Adelmann
agrees to and shall indemnify, defend and hold harmless the Owner, its successors, and assigns
from and against any action, claim, damage, liability, loss, cost or expense (including without
limitation attorneys' fees and costs) resulting from: (a) any liens that may be attached to the Subject
Property for labor or materials provided by or at the request of Adelmann for the Project; (b) injury
to or death of persons as a result of entry upon the Subject Property for the Project; (c) property
damage as a result of entry upon the Subject Property for the Project; or (d) any claim, damage,
action, loss or destruction whatsoever caused by Adelmann's agents or contractors in connection
with entry onto the Subject Property pursuant to this Agreement.
3. Governing Law. This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Minnesota.
4. This right of entry shall expire 14 days after the date stated in the first paragraph of
this Agreement. Before such expiration date, Adelmann shall remove all property and debris and
restore the Subject Property to the same condition as existed before Adelmann entered the Subject
Property, with the wooden deck removed.
5. During the term of this Right -of -Entry Adelmann will obey all laws in his activities
on the Subject Property, keep the Subject Property in a safe condition, take all steps necessary to
avoid erosion or other damages to the Subject Property, and maintain the Subject Property free of
litter and debris.
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6. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally or mailed by certified mail (return receipt requested) or registered
mail, postage prepaid, properly addressed as follows:
a. To Owner: City of Rosemount
Attn: Andrew J. Brotzler
2875 145 Street West
Rosemount, MN 55068
b. To Adelmann: Gary Adelmann
or to such other person at such other address as that party may, from time to time, designate in
writing and forward to the other as provided in this Section.
7. Counterparts. This Agreement is executed in any number of counterparts, each of
which shall constitute one and the same instrument.
8. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed in accordance with the same procedures and formality followed for the
execution of this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by
their authorized representatives as of the date first above written.
Gary Adelmann
CITY OF ROSEMOUNT
Dwight Johnson, City Administrator
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