HomeMy WebLinkAbout4.3b WAG - EDA Temporary Construction Easement - Amendment 1-13-221
FIRST AMENDMENT TO
TEMPORARY EASEMENT FOR CONSTRUCTION AND ACCESS PURPOSES
THIS FIRST AMENDMENT TO TEMPORARY EASEMENT AGREEMENT FOR
CONSTRUCTION AND ACCESS PURPOSES (this “First Amendment”) is entered into as of
, 2022 (the “Effective Date”), by and between WAG Farms,
Inc., a Minnesota corporation, Glendenning Farms, L.P., a Minnesota limited partnership and Joan
Glendenning Kennedy Family Limited Partnership, a Minnesota limited partnership (collectively
“WAG”) and the Cottage Grove Economic Development Authority, a public body corporate and
politic organized under the laws of Minnesota (“EDA”).
RECITALS
Recital No. 1. WAG and EDA entered into a Temporary Easement for Construction
and Access Purposes dated May 10, 2019, recorded as Document No. 4193099 on May 14, 2019
in the Washington County Recorder’s Office (“Agreement”), for a temporary construction and
temporary access easement under, over, across, through and upon the property identified as
WAG’s Property in the Agreement.
Recital No. 2. The EDA has requested the Agreement be amended to extend the
duration of the Agreement.
Recital No. 3. WAG does not object to the extension.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to
the other contained in this First Amendment and other good and valuable consideration, receipt of
which is hereby acknowledged, the parties hereto do covenant and agree as follows:
1. Paragraph 2 of the Temporary Construction Easement Section of the Agreement shall be
removed and replaced in its entirety as follows:
2. Such rights for the West Staging Area shall commence on the Effective Date and
shall continue until December 31, 2021 on which date the Easement for the West
Staging Area shall expire. Such rights for the North Staging Area shall commence
on the Effective Date and shall continue until May 1, 2022 on which date the
Easement for the North Staging Area shall expire.
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2. Paragraph 3 of the Temporary Construction Easement Section of the Agreement shall be
removed and replaced in its entirety as follows:
3. EDA shall pay WAG $11,000 per year for 2019, 2020, 2021 and $3,666.40 for
2022 for the North Staging Area and shall pay WAG $30,000 for 2019 and $15,000
for 2020 and 2021 for the West Staging Area. Payment shall be due by the Effective
Date of this First Amendment.
3. Termination paragraph of the Temporary Access Easement Section of the Agreement shall
be removed and replaced in its entirety as follows:
Unless notice is given to WAG by April 1, 2022 that a right of entry is needed to complete
restoration of the West Staging Area, the West Staging Area Temporary Access Easement
expired on December 31, 2021. If such right of entry is needed, WAG hereby grants such
right of entry for purposes of restoring the West Staging Area and thereafter expires
immediately.
Unless terminated earlier pursuant to this Agreement, the Temporary Access Easement for
the North Staging Area shall expire on May 1, 2022.
4. Except as provided for above, the terms and provisions of the Agreement shall remain in
full force and effect.
5. This First Amendment and all disputes or controversies arising out of or relating to this
First Amendment or the transactions contemplated hereby shall be governed by, and
construed in accordance with, the internal laws of the State of Minnesota, without regard
to the laws of any other jurisdiction that might be applied because of the conflicts of laws
principles of the State of Minnesota.
6. Nothing contained herein shall be deemed a waiver by the EDA of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by
Developer or its successors or assigns, shall be subject to any governmental immunity
defenses of the EDA and the maximum liability limits provided by Minnesota Statutes,
Chapter 466.
7. This First Amendment may be executed in two or more counterparts, all of which shall be
considered one and the same instrument and shall become effective when one or more
counterparts have been signed by the parties and delivered to the other parties.
8. This First Amendment shall not be amended, modified or supplemented, except by a
written instrument signed by an authorized representative of each party.
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COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By:
Myron Bailey
President
By:
Jennifer Levitt
Executive Director
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of _______________, 2022, before me a Notary Public within and for
said County, personally appeared Myron Bailey and Jennifer Levitt to me personally known, who
being each by me duly sworn, each did say that they are respectively the President and the
Executive Director of the Cottage Grove Economic Development Authority, a public body
corporate and politic organized under the laws of Minnesota, named in the foregoing instrument,
and that it was signed on behalf of said entity by authority of its Board and said President and
Executive Director acknowledged said instrument to be the free act and deed of said entity.
Notary Public
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WAG FARMS, INC.
By:
William G. Glendenning
Its: President
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
This instrument was acknowledged before me on _________________, 2022 by William G.
Glendenning as President of WAG Farms, Inc., a Minnesota corporation, on behalf of the
corporation.
Notary Public
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GLENDENNING FARMS, L.P.
By:
William G. Glendenning
Its: General Partner
STATE OF MINNESOTA )
) ss:
COUNTY OF WASHINGTON )
This instrument was acknowledged before me on _________________, 2022 by William G.
Glendenning as General Partner of Glendenning Farms, L.P., a Minnesota limited partnership, on
behalf of the limited partnership.
Notary Public
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JOAN GLENDENNING KENNEDY
FAMILY LIMITED PARTNERSHIP
By:
William S. Kennedy, Jr.
Its: General Partner
STATE OF MINNESOTA )
) ss:
COUNTY OF WASHINGTON )
This instrument was acknowledged before me on _________________, 2022 by William S.
Kennedy, Jr. as General Partner of Joan Glendenning Kennedy Family Limited Partnership, a
Minnesota limited partnership, on behalf of the limited partnership.
Notary Public
This instrument drafted by
and after recording, please return to:
Korine L. Land (#262432)
Cottage Grove City Attorney
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121