4.8 SR 07-20-2020 - Laserfiche WebLink

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RIGHT OF ENTRY Z WAIVER OF TRESPASS THE UNDERSIGNED, JAMES D. ENRIGHT AND DARLENE M. ENRIGHT AS TRUSTEES OF THE JAMES D. ENRIGHT AND DARLENE M. ENRIGHT REVOCABLE TRUST ("Property Owner"), owners of certain land in the City of Elk River, having a street address of 13291 US Highway 10 NW and legally described on attached Exhibit A ("Subject Property"), who are the persons with right to grant entry to the Subject Property, do hereby consent and grant unto the City of Elk River, its employees, contractors, agents and assigns (hereinafter "City"), the right to enter upon that portion of the Subject Property depicted on attached Exhibit B for the purposes of accessing the lake bed of Lake Orono to implement the Lake Orono Enhancement and Restoration Project ("LORE Project") pursuant to the specifications for the LORE Project dated v( , 2020. This Right of Entry does not grant to the City any easement rights, but is intended to grant to the City, its employees, agents, contractors, and assigns only the right to enter the area of the Subject Property depicted in Exhibit B for the purposes of the LORE Project. This Right of Entry shall be effective as of the date of execution set forth below, but City shall not exercise its rights under this Right of Entry unless and until the City makes payment to the Property Owners of $6,222.79. Failure of the City to make the required payment by December 31, 2020 shall automatically terminate this Right of Entry. This Right of Entry is temporary in nature and shall terminate upon notice from City to Property Owners that the Right of Entry is no longer necessary, or on June 30, 2021, whichever is earlier. This Right of Entry is granted with the understanding that the City shall restore the Subject Property to a condition as nearly equal as possible to that which existed prior to its entry upon the Subject Property, including the replacement of any ground cover (grass, etc.) and pavement removed or destroyed as a result of the LORE Project, except to the extent the condition of the Subject Property is consistent with the plans and specifications for the LORE Project. By accepting this Right of Entry, the City acknowledges that by entering upon the Subject Property, it does so at its own risk and agrees to indemnify, defend, save and hold the undersigned Property Owner(s) harmless from any suit, demands, claim or liability resulting from the City's activities described herein. Dated this day of , 2020. [Remainder of Page is intentionally left blank. Signature page to follow.]