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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 1 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 2 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 3 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 J EXHIBIT B DEPICTION OF LICENSE AREA B-1 I i