HomeMy WebLinkAbout2016-05-18 PACKET 07.M. Cottage
J Grove
��er� Pride and Qro�P�rity Me�t
Clt�/ COUI'1CII CONSENTAGENDA
Acfion Request Form �'M'
Meeting Date
5/18/2016
Department
Community Development
Title of Request
Business Park Grading Project Right of Entry Agreement
Staff Recommendation
Approve the Right of Entry Agreement for Site Grading of the Business Park between the
City of Cottage Grove and the property owners (WAG Farms, Glendenning Farms, and
Joan Glendenning Kennedy Family Limited Partnership).
ATTACH MENTS:
Description Type Upload Date
Council Memo Cover Memo 5/13/2016
Right of Entry Agreement Backup Material 5/13/2016
Cottage
� Grove
�here Pride and PrOSPerity MeeY
TO: Honorable Mayor and City Council
Charlene Stevens, City Administrator
FROM: Jennifer Levitt, Community Development Director/City Engineer
DATE: May 13, 2016
RE: Business Park Grading — Right of Entry Agreement
Backg rou nd/Discussion
The City Council, at their meeting on May 4, 2016, approved the plans and
specifications and set a bid date of May 26, 2016, for the Business Park Grading
Project. The City of Cottage Grove is working in conjunction with WAG Trust to create
buildable lots within the Business Park. This partnership has enabled many businesses
to locate in Cottage Grove through the utilization of TIF to provide for the necessary
infrastructure (grading, streets, and utilities) for the park. The latest business to take
advantage of this partnership was AGCO with the expansion of their facility in 2015. As
part of the mass site grading for AGCO additional material was generated; the intended
excess was to be used on the adjacent property to create pad-ready sites.
In order to facilitate the grading activities, a Right of Entry Agreement between the City
and property owners is needed to provide access for our contractors to enter and grade
the property in the Business Park.
Recommendation
Approve the Right of Entry Agreement for Site Grading of the Business Park between
the City of Cottage Grove and the property owners (WAG Farms, Glendenning Farms,
and Joan Glendenning Kennedy Family Limited Partnership).
RIGHT OF ENTRY FOR SITE GRADING
THIS RIGHT OF ENTRY AGREEMENT ("Agreement"), is entered into by the City of Cottage
Grove, a municipal corporation, 12800 Ravine Parkway, Cottage Grove, Minnesota ("City") and
Glendenning Farms, L.P., a Minnesota limited partnership, and WAG Farms, Inc., a Minnesota
corporation, and Joan Glendenning Kennedy Family Limited Partnership, a Minnesota Family
Limited Partnership, 1765 Pinehurst Avenue, St. Paul, Minnesota (collectively referred to hereinafter
as the "WAG").
WHEREAS, WAG owns or controls that certain plot, parcel or tract of land, together with
all rights and privileges arising in connection therewith, located in the City of Cottage Grove,
County of Washington, State of Minnesota, legally described as follows:
Outlot A, Glengrove Industrial Park 5�' Addition. PID: 20.027.21.42.0009
and
WHEREAS, WAG desires to allow the City to access the Property so that the City may
grade the Property for purposes of making the Property more desirable for future development.
NOW THEREFORE, for mutual consideration which is hereby acknowledged, the parties
agree as follows:
1. Consent. WAG does hereby grant permission to City and its agents, employees,
consultants and representatives for a period of one hundred and eighty (180) days from
the date of this Agreement, to enter onto the Property for the purpose of performing site
grading tree clearing creation of a regional stormwater basin and any other site
improvement activities as City may deem necessary, ("Approved Activities") at the sole
cost of City.
2. Hold Harmless. The City shall hold WAG harmless for any claims of third parties as a
result of the Approved Activities.
3. Assumption of Risk. WAG shall not be responsible for the actions of City's employees
or contractors while they are on the Property. City assumes the risk that may occur while
on the Property and assumes and accepts full responsibility for injury or death to City's
employees or contractors, or damage to or destruction of its own personal property while
on the Property as a result of the Approved Activities.
4. License. WAG hereby grants City a License for the sole purpose of conducting the
Approved Activities. City agrees that this License creates a Right of Entry only and that
City has no Property interest in the Property. City shall exercise all reasonable efforts to
undertake the Approved Activities in a workmanlike manner.
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5. Authoritv. The individuals executing this Agreement on behalf of each party represent
to the others that such individuals are authorized to do so by requisite action of the party.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as
of this day of , 2016.
CITY OF COTTAGE GROVE
By:
Myron Bailey
Its: Mayor
By:
Joseph Fischbach
Its: City Clerk
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waG
WAG FARMS, INC.
By:
William G. Glendenning
Its: President
Dated:
GLENDENNING FARMS, L.P.
By:
William G. Glendenning
Its: General Partner
Dated:
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JOAN GLENDENNING KENNEDY
FAMILY LINIITED PARTNERSHIP
By:
William S. Kennedy, Jr.
Its: General Partner
Dated:
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