IP #749This Access Agreement (the "Agreement ") is dated effective the 25 day of May, 2004,
and is entered into by and between the Economic Development Authority in and for the City of
New Hope, a public body corporate and politic (the "Authority ") and Braun Intertec Corporation,
a Minnesota corporation ( "Braun ").
WHEREAS, the Authority is the fee owner of property commonly known as 5501 Boone
Avenue North, City of New Hope, State of Minnesota, and legally described as "Lot 2, Block 1,
Science Industry Center 3rd Addition, Hennepin County" (the "Property "); and
WHEREAS, a potential buyer of the Property has requested permission from the
Authority to perform certain environmental testing through Braun; and
WHEREAS, the Authority is willing to permit Braun access to the Property for the
limited purpose of Braun performing a "Phase I" environmental assessment with respect to the
Property according to the terms and conditions contained herein; and
NOW, THEREFORE, as an accommodation to Braun, the Authority is willing to grant
a limited right of access as specified herein:
1. The Authority agrees to allow Braun limited access to the Property for a period of thirty
(30) days, commencing on May 25, 2004 and terminating on June 24, 2004, for the
limited purpose of Braun performing a "Phase I" environmental assessment, as that
phrase is commonly understood in the environmental industry, of the Property.
2. This Agreement grants a contractual right of access to Braun and is not to be deemed in
any way to create a leasehold estate.
3. Braun shall enter upon the Property with reasonable care and without damage to the
Property and shall perform its assessment(s) of the Property between the hours of 6:00
a.m. and 6:00 p.m.
4. The Authority waives all claims for trespass arising from Braun's entry on the Property
for the limited purpose of performing a "Phase I" environmental assessment of the
Property.
5. Any entry by Braun for any reason other than for the limited purpose of performing a
"Phase I" environmental assessment shall be deemed a trespass.
6. The Authority will not be liable to Braun, its agents, assigns, general contractors or
employees for any damages or losses to person or property incurred during Braun's
entrance onto the Property unless caused by the willful misconduct of Authority.
7. Braun agrees to waive and release the Authority from any and all rights of recovery,
claims, or actions or causes of action for any loss or damage that may occur to Braun's
personal property or equipment by reason of any and all risk perils, unless caused by the
willful misconduct of the Authority.
8. Braun agrees to indemnify, defend and hold the Authority harmless from and against all
claims, damages, losses and expenses, including but not limited to reasonable attorney's
fees, for bodily injury or death or damage of any kind arising from any intentional or
negligent act or omission of Braun, or anyone directly or indirectly employed by Braun,
with respect to the rights accorded by this Agreement.
9. Braun agrees to restore the Property to the condition equivalent to or better than its
condition prior to Braun's entry on the Property for the limited purpose of performing a
"Phase I" environmental assessment of the Property.
10. Braun understands and agrees that in the event that it or the prospective buyer of the
Property determines that a "Phase II" assessment of the Property is warranted, permission
to conduct such "Phase Il" assessment must be secured from the Authority by way of a
separate agreement or an amendment to this Agreement, with either such document
signed by authorized representatives of the Authority.
This Agreement shall remain in effect until June 24, 2004, and at such time shall
automatically terminate and be null and void without notice or without further action by any
party hereto.
'Its Executive' irector
I
STATE OF MINNESOTA
COUNTY OF HENNEPIN ss.
- l t l..-
The foregoing instrument was acknowledged before me this day of , 2004, by
Don Collier and Daniel J. Donahue, the President and Executive Director, respectively, of the
Economic Development Authority in and for the City of New Hope, a public body corporate and
politic, on behalf of said body.
(Notary Public Seal) I
? ,F
Notary Public
`� °: • INy Cornrissit�r �� res Jan 3', 2CC� �A>
µ, a �
STATE OF MINNESOTA
}
COUNTY OF HENNEPIN SS.
The foregoing instrument was acknowledged before me this _,� day of May, 2004, by
° the �oL , ,,�a of Braun Intertec Corporation, a Minnesota
corporation, on behalf of said corporate".
(Notary Public Sea]) \
JODI D. NORMAN Notary Public
NOTARY PUBLIC—MfNNES07•
My Comm. Explres Jan. 31. 2C;iSr
is v'
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424 -8811
P:\Attomey \Cork \Clients \CNH\99 - 11309 \CNH99.11309 - 001 - Access Agt D2 (clean),doc
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