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RIGHT OF ENTRY AGREEMENT <br /> <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 WILLIAM M HARVEY AND PATTI L HARVEY (the “Owner”). <br /> <br />RECITALS <br />A. The Owner is the fee simple owner of the real estate located at 2483 Knollwood Drive, <br />New Brighton, MN, PIN 18-30-23-21-0039 (“Property”). <br /> <br />B. The City is undertaking a project to improve streets and utilities located in the <br />neighborhood (“Project”). <br /> <br />C. 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 for the purpose of constructing a new residential driveway <br />in preparation for anticipated future railroad quite zone improvements as described in the attached Exhibit A <br />(“Work”). <br /> <br />D. 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 /> <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the premises and their mutual promises, the parties <br />hereto hereby agree as follows: <br /> <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 accordance with <br />the terms and conditions of this Agreement. <br /> <br />2. Consideration. In consideration for such right of entry, the City, on behalf of the City <br />Parties, agrees to: <br /> <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 /> <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 (3)