4.7. SR 06-17-2002 - Laserfiche WebLink

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health, safety or welfare of Respondents or Successors, or other citizens of the City of Elk River or surrounding communities. Notwithstanding the foregoing paragraphs Ci to Ciii, Respondents acknowledge that other governmental entities may require the Respondents or Successors to connect to Utilities. D. Fence and Gate Replacement. Respondents acknowledge that the Project will require the temporary removal and replacement of Respondents' fence and gate located along the north and east property line of the Real Property. To the extent that the Project requires the removal of the fence and gate, the City agrees, at its cost, to re-install the fence and gate (using substantially the same materials) in a location reasonably requested by the Respondents. The Respondents acknowledge that the re-installation of the fence and gate will, at the discretion of the City, to the fullest extent possible include the same material currently existing on the Real Property. During the removal and re- installation of the fence and gate the City (or its contractors) will take all reasonable efforts to secure the Real Property to ensure that Respondents horses do not escape from the Real Property. E. Replacement of Trees. Based upon the current construction designs for the Project, the parties hereto anticipate that the construction and related work will necessitate the removal of approximately twenty-seven (27) trees, including eleven (11) oak trees, from the Acquired Property. The City agrees, at its expense to plant three (3) six foot Colorado or Black Hills Spruce Trees on the Real Property for each oak tree actually removed or destroyed during the construction of the Project. The City agrees, at its expense to plant one (1) six foot Colorado or Black Hills Spruce Tree on the Real Property for each tree species (other than Oak) actually removed or destroyed during the construction of the Project. The City agrees that it will plant the aforementioned-replacement trees at any reasonable location on the Real Property, provided that Respondents provide reasonable and suitable access to the Real Property. F. Paving of Driveway. The City agrees, at its expense, that it (or its contractors) will construct a hard surfaced driveway approximately 70 feet long from the curb line. The aforementioned driveway will be located in substantially the same location as Respondents' existing driveway and will include a minimum of 2 inches of bituminous surfacing. Respondents acknowledge that the aforementioned driveway may not be completed until the 2003 construction season. G. Release of Claims. The Respondents and their successors, heirs, assigns and agents hereby release the City and its officers, employees, agents, engineers, lawyers, elected officials and staff ("Released Parties") from any claims they have or may have against the Released Parties arising from or relating to the City's acquisition of the Acquired Property including, but not limited to, claims for just compensation, severance damages, loss of going concern and any other monetary damages. The Respondents further waive any claims against the Released Parties and release the Released Parties from any claims for relocation assistance, services and benefits pursuant to Minn. Stat. §§ 117.50 to 117.56 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. § 4601 et. Seq ("Act") and the federal regulations implementing the Act ("Relocation Claims"). Respondents acknowledge that they have had the opportunity to consult with legal counsel of their choice regarding the availability of Relocation Claims and their waiver thereof. H. Choice of Law / Venue. This Agreement shall be construed and interpreted in accordance with Minnesota law. Any action to enforce this Agreement or construe the terms of this Agreement shall be venued in state court in Sherburne County, Minnesota. The parties hereto consent to the jurisdiction and venue of the Sherburne County District Court. Notwithstanding the foregoing sentences of H, Respondents reserve the right to seek a federal remedy for interpretation of federal laws in which state court is not the proper venue. 1. Requirement of City Council Approval. Respondents acknowledge that this Agreement must be approved by the City Council of the City of Elk River and is not enforceable until so approved by the City Council. Respondents agree not to revoke acceptance of this Agreement pending approval by the City Council. J. Execution of Document. This Agreement may be executed in counterparts. Each counterpart shall have the effect of an original document. Dwight L. Kirkeide by signing below represents and warrants that he has the full authority to execute this Agreement on behalf of Jane A. Kirkeide