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RIGHT OF ENTRY AGREEMENT <br />THIS RIGHT OF ENTRY AGREEMENT (the “Agreement”) is made on this day <br />of , 2020, by and between CITY OF NEW BRIGHTON, a Minnesota municipal corporation (the <br />“City”), and DARYL CLYDE SCHMALZBAUER (the “Owner”). <br />RECITALS <br />A.The Owner is the fee simple owner of the real estate located at 0 Unassigned, New <br />Brighton, MN, PIN 29-30-23-21-0008 (“Property”). <br />B.The City is undertaking a project to increase sanitary sewer capacity in the region <br />(“Project”). <br />C.The Project will impact the Owner’s property requiring the City to enter upon the Property <br />and perform work on the Property as described in the attached Exhibit A (“Work”). <br />D.The City has requested that the Owner grant the City, its agents, employees and contractors <br />(the “City Parties”), the right to enter the Property to conduct the Work. <br />E.It is understood that in executing this Agreement, the Owner is not granting the City Parties <br />any permanent interest in, or exclusive use or possession of, the Property. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the premises and their mutual promises, the parties <br />hereto hereby agree as follows: <br />1.Right of Entry. As of the effective date of this Agreement, the Owner hereby grants to the <br />City Parties the right to enter upon the Property for the purpose of performing the Work in <br />accordance with the terms and conditions of this Agreement. <br />2.Consideration. In consideration for such right of entry, the City, on behalf of the City <br />Parties, agrees to: <br />(a)Prior to commencing any Work that directly affects the Property, the City will provide <br />the Owner a tentative timetable for the Work related to the Property. <br />(b)Notify the Owner of the date and time that Work by any of the City Parties on the <br />Property will commence under this Agreement, which notice shall be at least three <br />(3) business days prior to doing any work on the Property in order to permit the <br />Owner or its representatives to be present during the time any Work is being done <br />by City Parties. <br />(c)Dispose of all solid waste generated during the course of the City Parties’ Work on the