8.1. SR 10-17-2011 - Laserfiche WebLink

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RIGHT OF ENTRY AND LICENSE AGREEMENT This Right of Entry and License Agreement ("Agreement") entered this day of , 2011 by and between the City of Elk River ("City") and the homeowners identified below ("Homeowners"). Homeowners each own a lot and reside in the single family residential subdivision known as Park Pointe, which is located in the City. The developer of Park Pointe created an outlot, known as Outlot D, Park Pointe Addition ("Outlot D") which is located at the entrance to Park Pointe off of 175`h Avenue North. The developer constructed a small shed on Outlot D, which serves as an entrance monument to the Park Pointe subdivision. The developer subsequently failed to pay the real estate taxes due on Outlot D and allowed Outlot D to go tax forfeit. The City acquired Outlot D from the County in order to prevent an unbuildable outlot located within City right of way from becoming private property. The Homeowners desire to enter onto Outlot D for the purpose of maintaining Outlot D and the shed located thereon. NOW, THEREFORE, in consideration of the recitals and agreements contained herein, the City and the Homeowners agree as follows: 1. License. The City hereby grants to Homeowners a nonexclusive license ("License") to enter upon Outlot D, subject to the terms and conditions of this Agreement. 2. No interest in License Area. Homeowners acknowledge .and agree that this Agreement does not grant any estate or other interest in Outlot D or any part thereof to any individual homeowner, to the Homeowners as a group, nor to any future homeowner's association, except the License expressly described herein. 3. Permitted Uses. The License granted by this Agreement to Homeowners allows Homeowners to enter upon Outlot D for the sole purpose of maintaining Outlot D and the landscaping and improvements. thereon. Homeowners are not granted any other use of Outlot D. In consideration for City's grant of the License contained herein, Homeowners agree that the City will not be responsible for maintenance of Outlot D or the landscaping or improvements located thereon during .the term of this License Agreement. 4. Limitation of Liability and Indemnity. Homeowners agree that they enter upon Outlot D pursuant to this Agreement at their own risk and that City shall not be responsible or liable to any individual Homeowner for any loss or injury to a Homeowner, or anyone claiming by or through a Homeowner, as a result of the Homeowner's activity on Outlot D. Homeowners shall defend, indemnify and save the City and its officers, employees and agents harmless from and against all liabilities, losses, obligations, claims, suits, damages, penalties, causes of action, costs and expenses arising from or related to the Homeowners use of Outlot D, the condition of Outlot D, any failure on the part of any Homeowner to perform or comply with the terms of this Agreement, or any injury, death, disability or