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3.6. SR 05-14-2012
REQUEST FOR ACTION TO ITEM NUMBER Ma or and Ci Council 3.6 AGENDA SECTION MEETING DATE PREPARED BY Consent May 14, 2012 Annie Deckert, Director of Economic Development ITEM DESCRIPTION REVIEWED By Right of Entry Agreement with Steve Johnson, 309 Jackson Cal Portner, Ci Administrator Avenue REVIEWED BY ACTION REQUESTED The City Council is asked to approve the attached Right of Entry Agreement with Steve Johnson, owner of 309 Jackson Avenue. BACKGROUND/DISCUSSION In 2006, the HRA purchased 716 and 720 Main Street in Elk River with the intent to expand downtown surface parking. The buildings were demolished and removed in December 2011 and the HRA has contracted with Peterson and Companies to construct the parking lot downtown (plan attached). The attached plan impacts Downtown Antiques, located at 309 Jackson Avenue. A portion of the new walkway of brick pavers being installed adjacent to the property will be installed on the western 10-feet of the property. The attached agreement grants the city a right of entry to enter upon the property. All work done on the property will be completed at the city's expense and all improvements installed on the property will become property of Steve Johnson, property owner, subject to the city's right to enter the property to repair or replace the improvements on ox before June 30, 2014. There is a two-year warranty for improvements. FINANCIAL IMPACT There is no financial impact. ATTACHMENTS • Main Street Parking Plaza plan • Right of Entry Agreement between Steven Johnson and the City of Elk River Action Motion by Second by Vote Follow Up P©~~I<to er A`UK' RICrI-IT C}F ENTRY AGREE~~E~T In co?~sideration ofthe folio~ving;and other <Tood and valuable e.onsideration; Steven Johnson ("Cwr~er") owner of the property ("Property") located ~~ 309 Jackson Avenue in the City of Elk Rit.-er ("City"}; grants to the City a Right of Entry to enter upon the western ten feet of the property for the purposes of grading the western ten feet of the Property and tying the regraded area into a neuF wall~,uay of brick pavers being installed by the City adjacent to the Property. City agrees that ail «~ark done on the Property :viii be done at City's expense and that ail improvements installed on the Property will become the properly of the Chuner, subject to the City's right to enter the Property to repair or replace the improvements. City agrees to defend, indemnify and hold the C)wner harmless from any claims, liabilities or causes of action arising from or related to the work done on the Property by the City pursuant to this Right of Entry Agreement. The Right of Entry granted pursuant to this Agreement shall terminate on June 30; 2014. IN t~IT1V~ESS VVT~RE41~, the parties have executed and delivered this Right of Entry Agreement as of this day of May, 2012. CITY OF ELK RIVER By: Its Mayor By: Its City Clerk O GP:3167417 vl r ~~ (~±( -1r"~ ~~ x ~ ~,-;/ ~ '' o~> ,( 1 a r x Y5 ,~ ,`'`~ ra 'nn _ I ` ti" ,;;~ ~ (!\ J J G ~"v V~ p N - A. m / N ~ d Z ""„s + m 'o ~ * U ~~' e ~ j t ~ ~ / T ~ ~ --_ e ~ / +.b'yl~+ J ' ~ * p ~ a i 177 ~ ~ ~~~ ~~a '° ~Qg R ~~ I ~~ ~ r' ~~~ ~~ ~~ ~ ~~ ~ ; - ~g ~ ~~ 1 _.--_ . r o ~; _ r. _ / ~ Z ~~ 1 ,/~' ~ ' ~ti +. ~-,..~ -w. ~ ~, a A,~ r ~ r" ~ ~ SI W- P o -__.,, '°...,._....~ u c ~ ~~$ ~ 1 ~ ~ s ~ '~ «a v 6 / ~ p$ ~~~_ I ~ ~~ ~~ I ro o ~~, w g N >~~ X ~ / ~P o I L$¢; o ~ ~m~ !Q o / Ind ~~a ~ ~g tom''' _ ' ~ ~ 999 R a Sd $ \ .~', g $ ~~ ~~ V V ~€ ~ ag g \ \ ~~ ~~ ~g y ~S ~ g ~~~ N$ OS ~ 9 ~~ ~Hly Z>g ~Z~~g 8 O ~ ~~ ~ ~ N~~ ~~~ $~~s~ F~~ +~ m~ ~ mr~~ m•'~~ N4I '~ z ~~> ~~o~ 9z% m ~e ~L ~$ ~ g!Q r z ~_~ ° ~ v ~~ ~~~~ ~~m ~~~~~~~ ~~ ~~ ~ ~ ~ ~~ ~ _> ~~~ ~~~g ~~~~ ~ ~ ~ ° z ~i ~'"~ ~ o g K ~ ~ g~~~~ ~~ ~ ~ z ~~ ~~ ~ o ~~ ~ m ~ v m Z 1 q N t {~ ~j + O m 0! V N! W N ~ O m ~ V A P fl1 ~ W ~.l ~ _~ ~~ ~y~y LNL ~ ~ ~~~ ~~ g~ ~~ ~ ~ s~s ~ ~ ~~ _~ ~~L~ ~~ 5 ~ ~ ~ ~~~ ~ ~~ ~4~ ~~ >~~ S F m r~ N~ cm ns ~~ ~ ~ Sd ~ s ~ ~~y~ ~~F ~m ~ V~1 m v ov~ ~~z ~~1 y~i x ~ p ~ Cm ~ ~ ~ ~ ~ _ ~~{~ ~ g~ ~ i ~ ~ ~ ~ ~ ~ q~ ~~ ~~ „s ~y ~ ~ ~~~ _ (ten ~ O kj tltl G tltl rv ~ ~ ~ g$ § ~ ~~ ~ Qg g ~ 0 050? " _ _~ 1~~Q ~~~ ~ 5L9F ~ ~ ~ ~~~ ~ ~ ~ yQ~ y =o ~ ga N ~ ft ~ ~a a y ~ ~ c ~~" m F ~ ~ ~ ~q ~ ~3 ~~Q Z ~ ~ c ~ ~~ i ~ ~y d ~ m ~ y ~ ~ ~~ ~ ~ ~ ~ ~`•~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ g ~ ~ ~~~ ~ ~~ ~~ ~ > ~ y pp O ~ ~ ~ ~ > ~ L N ~ ~ ~~ ~ ~ ~Z ~ ~~ ~y C w ~ ~ ~ ~ ~ ~ ~i ~ ~ ~~ ~ ~ ~~ ~ ~ ~ m w N o m ~ ~ ~