HomeMy WebLinkAbout2021-3074LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made effective as of the 1st day of
March, 2021 ("Effective Date"), by and between THE CITY OF COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY, ("Grantor") and DORAN
CONSTRUCTION COMPANY, LLC ("Grantee").
RECITALS
A.Grantor is the owner of certain land situated in Anoka County, Minnesota, legally
described on Exhibit A ("Grantor Property").
B.Grantee is the general contractor for the construction of certain improvements
("Improvements") on land adjacent to the Grantor Property.
C.In connection with the construction of the Improvements, Grantee desires to
obtain, and Grantor desires to grant, a license to allow Grantee to access and locate a
construction office trailer on the Grantor Property as depicted on Exhibit B (the "License
Area") for the purpose of constructing the Improvements.
NOW, THEREFORE, in consideration of the terms of this Agreement and other good
and valuable consideration, the receipt and sufficiency of which hereby are acknowledged,
Grantor and Grantee agree as follows:
1.Grant of License. Grantor hereby grants, bargains and conveys to Grantee, its
successors, assigns, subcontractors, vendors and material suppliers (collectively, the "Grantee
Parties"), a license over and across the License Area for the purpose of accessing the Grantee
Property and locating a construction office trailer thereon ("License"). The parties agree to the
following terms with respect to the License:
a.Term. The term of the License shall commence on the Effective Date and
shall terminate on October 31, 2021 ("License Term").
2.Expiration of License. This Agreement automatically shall expire upon the
earliest to occur of the following: (a) Grantee's final completion of the construction of the
Improvements, (b) Grantee's agreement, in writing, to terminate the License or (c) expiration of
the License Term. Upon such expiration of this Agreement, this Agreement, and all of the terms
and conditions contained herein, shall terminate and be of no further force or effect, and Grantee
shall, at Grantor's request, execute a document evidencing termination of this Agreement and the
License granted hereunder. Notwithstanding the foregoing, Grantee may, in its sole and absolute
discretion, terminate the License at any time with written notice to Grantor.
3. Mechanic's Liens. Grantee agrees that it will not permit mechanics',
materialmens' or other liens to be filed against the Gran tor Property for work or materials
furnished by Grantee in connection with the License.
4.Indemnification. Grantee agrees to indemnify Grantor and save Grantor harmless
from all demands, claims, causes of action or judgments, for injury to person, loss of life or
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Contract # 2021-3074
damage to property occurring on the Grantor Property caused by the use of the License by any of
the Grantee Parties.
5.Notice. All notices, demands and requests ("Notices") required or permitted to be
given under this Agreement must be in writing and hand delivered, sent by email, sent by
certified or registered mail, or sent by nationally recognized overnight delivery service, postage
or delivery charges, as the case may be, prepaid, and shall be deemed to have been given as of
the date such Notice is (i) delivered to the party intended, (ii) sent by email, (iii) delivered to the
then current address of the party intended, or (iv) rejected at the then current address of the party
intended, provided such Notice was sent prepaid. The initial address of the parties shall be:
Grantor:
Grantee:
Yatt IViede11luet
Matt Niedenfuer (Mar 2, 2o'21 11:35 CST)
Kelli Bourgeois
City of Columbia Heights EDA
590 40th A venue NE
Columbia Heights, MN 55421
Email: kbourgeois@columbiaheightsmn.gov
Matt Niedenfuer
Doran Construction Company, LLC
7803 Glenroy Road, Suite 200
Bloomington, MN 55439
Email: matt.niedenfuer@dorancompanies.com
6.Assignment. This Agreement may be assigned by either party with the prior
written consent of the other party, which shall not unreasonably be withheld.
7.Miscellaneous. This Agreement may only be modified or amended, in whole or
in part, with the consent of each of the parties hereto, by a declaration in writing, executed and
acknowledged by each of said parties. This Agreement may be executed in any number of
counterparts, each of which when so executed shall be deemed to be an original, and all of which
counterparts of this Agreement, taken together, shall constitute but one and the same instrument.
8.Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota. The parties hereto hereby agree and consent and submit themselves to
any court of competent jurisdiction situated in Anoka County, Minnesota.
9.Entire Agreement. This Agreement constitutes the entire understanding of the
parties hereto with respect to the transaction contemplated hereby, and supersedes all prior
agreements and understandings between the parties with respect to the subject matter.
10.Electronic Signatures. A facsimile or electronic signature to this Agreement shall
be deemed an original signature.
[Signature page follows J
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered as of the day and year first above written.
GRANTOR:
City of Columbia Heights Economic Development Authority
GRANTEE:
Doran Construction Company, LLC
By: fV/aff Det:t-ersMatt °Krat!ilJ��i0s�5President of Construction
Mar 2, 2021
Mar 6, 2021
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Natt IViede11luet
Matt Niedenfuer (Mar 2, 2o'21 11:35 CST)
EXHIBIT A
GRANTOR PROPERTY LEGAL DESCRIPTION
Lot 23, Block 6, Reservoir Hills, Anoka County, Minnesota
A-1
Yatt Niede11luet
Matt Niedenfuer (Mar 2, 2o'2111:35 CST)
JS,U
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EXHIBIT B
DEPICTION OF LICENSE AREA
B-1
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