06-09-2025 - Agenda Packet City Council - regular meeting

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TRANSFER EN RED HENNEPIN CC)UNTY TAXPAYER ENCROACHMENT AGREEMENT AGREEMENT ("Agreement") made this S`h day of December, 2007, by and between the CITY OF ORONO, a Minnesota municipal corporation ("City"), and RYAN COMPANIES US, INC., a Minnesota Corporation ("Developer"). RECITALS 1. Background. Certain real property, Orono Industrial Boulevard within the plat of Crystal Bay Business Center (said plat recorded as document 49079456), within the City of Orono, County of Hennepin, State of Minnesota, has been dedicated to the City of Orono (the "Subject Property"). Developer seeks permission from the City to encroach upon the Subject Property for outdoor storage until the street is constructed. 2. Encroachment Authorization. The City hereby grants the Developer permission for the encroachment of outdoor storage upon the Subject Property until the street is constructed, and subject to the conditions set forth in this Agreement. 3. No Waiver. Nothing in this Agreement shall be deemed an abandonment, vacation or waiver of the City's interests in the right-of-way. 4. Maintenance and Repair of Right -of -Way. The Developer shall be solely responsible for all costs relating to the maintenance and repair of the Orono Industrial Boulevard right-of-way, including any damage caused in whole or in part by the Developer's use, maintenance, and repair of the right-of-way of Orono Industrial Boulevard. This maintenance agreement is an obligation of the Developer and shall be binding upon the executors, administrators, successors and assigns of the Developer. The Developer's obligations under this Section 4 shall terminate on the date the City accepts the improvements to Orono Industrial Boulevard made by the Developer pursuant to that certain Development Agreement Crystal Bay Business Center of even date herewith between the Developer and the City. 132834 Q I 189