8.1. SR 10-17-2011REQUEST FOR ACTION
TO ITEM NUMBER
Mayor and City Council g ,1,
AGENDA SECTION MEETING DATE PREPARED BY
Administration October 17, 2011 Tim Simon, Finance Director
ITEM DESCRIPTION REVIEWED By
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Consider Approval of Right of Entry and License Agreement e, Inter
Robert Thist
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ty
(Park Pointe Entrance) Administrator
REVIEWED BY
ACTION REQUESTED
Approval of right of entry and license agreement for Outlot D, Park Pointe Addition.
BACKGROUND/DISCUSSION
In 2010, the City acquired outlot D of Park Pointe Addition, which is located at the entrance to Park
Pointe off of 175`" Avenue North West and Johnson Street. The property was acquired in order to
prevent an unbuildable outlot located within City right of way from becoming private property. This
property had an entrance monument to the Park Pointe subdivision. The homeowners have been
maintaining the monument and landscaping in the property for several years. Park Maintenance
Supervisor Rodney Schreifels indicated that the monument and landscaping have been well maintained.
The parks department has no use for the small shed and since the homeowners would like it to stay we
have worked out an agreement with the homeowners to continue maintaining the monument and
landscaping.
Peter Beck has drafted the agreement which is attached for your review.
FINANCIAL IMPACT
Small amount of staff time to ensure the property is being maintained.
ATTACHMENTS
^ Right of entry and license agreement
^ Picture of the entrance monument
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Finance\Tim\2011\pazk point entrance.doc
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
damage to any person or property occurring in or on Outlot D in connection with
Homeowners use of Outlot D.
5. Termination. The City may terminate the License granted by this Agreement for
any reason, in its sole discretion, immediately upon notice to any Homeowner if
City determines, in its sole discretion, to do so.
6. Notice Addresses. All notices shall be sent by registered or certified snail
addressed to the City at City Hall and to the Homeowners at the addresses set
forth below.
IN WITNESS WHEREOF, the parties have executed and delivered this
agreement as of the date first above written.
CITY OF ELK RIVER
By:
its Mayor
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By:
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