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HomeMy WebLinkAbout2128• h � t /L AGREEMENT (Conditions to Parking Variance) THIS AGREEMENT, made and entered into this 28th day of December, 1979, by and between NORMANDALE PROPERTIES, INC., a Minnesota corporation ( "NPI ") and CITY OF EDINA, a Minnesota muni- cipal corporation ( "City"); WHEREAS, NPI is the fee owner of certain real property ( "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described as follows: Lot 1, Block 1, Edina Office Center, according to the recorded plat thereof on file in the Office of the Registrar of Titles in and for Hennepin County, Minnesota, and WHEREAS, NPI proposes to construct upon the Property an office building and parking to be used in connection with said building (being hereinafter called the "Improvements "); and WHEREAS, there has been submitted to the City a parking plan attached hereto as Exhibit A and hereby made a part hereof ( "Plan ") , which Plan is entitled Edina Office Center, Edina, Minnesota, was prepared by Rauenhorst Corporation, is dated August 20, 1979, and is on file with the City, and which Plan provides for 630 parking spaces on the Property, and which Plan meets the requirements of the applicable City ordinances; and WHEREAS, NPI (hereinafter sometimes called "Owner "), is of the opinion that not all of the parking spaces, as shown on the Plan, are required for the efficient and proper use and operation of the Improvements, and has requested of the City a variance al- lowing the construction of only 573 parking spaces in accordance with the parking plan attached hereto as Exhibit B and hereby made a part hereof, entitled Edina Office Center, Edina, Minnesota, prepared by Rauenhorst Corporation, dated November 1, 1979, and on file with the City, rather than the 630 parking spaces as shown on the Plan and required by the City ordinances; and WHEREAS, the City did, on September 20, 1979, in Case No. B- 79 -32, grant the requested variance because strict enforcement of the City ordinances would, in this case, cause undue hardship beca- "-se of circumstances unique to the Property, and the grant AGREEMENT (Conditions to Parking Variance) THIS AGREEMENT, made and entered into this 28th day of December, 1979, by and between NORMANDALE PROPERTIES, INC., a Minnesota corporation ( "NPI") and CITY OF EDINA, a Minnesota muni- cipal corporation ( "City"); WHEREAS, NPI is the fee owner of certain real property ( "Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described as follows: Lot 1, Block 1, Edina Office Center, according to the recorded plat thereof on file in the Office of the Registrar of Titles in and for Hennepin County, Minnesota, and WHEREAS, NPI proposes to construct upon the Property an office building and parking to be used in connection with said building (being hereinafter called the "Improvements "); and WHEREAS, there has been submitted to the City a parking plan attached hereto as Exhibit A and hereby made a part hereof ( "Plan "), which Plan is entitled Edina Office Center, Edina, Minnesota, was prepared by Rauenhorst Corporation, is dated August 20, 1979, and is on file with the City, and which Plan provides for 630 parking spaces on the Property, and which Plan meets the requirements of the applicable City ordinances; and WHEREAS, NPI (hereinafter sometimes called "Owner "), is of the opinion that not all of the parking spaces, as shown on the Plan, are required for the efficient and proper use and operation of the Improvements, and has requested of the City a variance al- lowing the construction of only 573 parking spaces in accordance with the parking plan attached hereto as Exhibit B and hereby made a part hereof, entitled Edina Office Center, Edina, Minnesota, prepared by Rauenhorst Corporation, dated November 1, 1979, and on file with the City, ratherthan the 630 parking spaces as shown on the Plan and required by the City ordinances; and WHEREAS, the City did, on September 20, 1979, in Case No. B- 79 -32, grant the requested variance because strict enforcement of the City ordinances would, in this case, cause undue hardship because of circumstances unique to the Property, and the grant of such variance has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances, but sub- ject to the execution, delivery, and recording of this Agreement, and only upon the conditions hereinafter set out in this Agreement, which the City deems necessary to impose to ensure compliance with the applicable City ordinances and to protect adjacent pro- perties; and WHEREAS, Owner is agreeable to the granting of the variance subject to the conditions hereinafter set out, and is willing, and represents that it has the power and authority, to enter into this Agreement. NOW, THEREFORE, in consideration of the granting by the City of the above requested variance, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1. The City hereby confirms that it did, as above stated, grant a variance from its applicable ordinances where there need not now be constructed on the Property 57 parking spaces; which are otherwise required by City ordinances, subject, however, to the following terms and conditions of this Agreement. 2. The variance granted by the City is conditioned on the following requirements: a. That if the City Manager and the City Planner in their sole discretion shall hereafter determine that additional parking spaces are required on the Property, then Owner will, at its sole cost and expense, construct such of the unconstructed additional parking spaces shown on the Plan as the City Planner and City Manager shall then require, up to the maximum of parking spaces shown on the Plan. The City Planner and the City Manager need not require that all of the additional parking spaces be con- structed at any one time, but may require additional parking spaces to be constructed from time to time as they deem them necessary, un- til the maximum number of parking spaces shown on the Plan have been constructed. The additional parking spaces from time to time re- quired by the City Manager and the City Planner shall be built in -2- full compliance with the Plan and the then applicable City ordi- nances, provided, however, that NPI may prepare and present to the City a new or revised parking plan for review and approval or re- jection by the City. If approved by the City, such additional parking spaces may then be constructed pursuant to said new par- king plan, as approved, and subject to the then applicable ordi- nances of the City. If rejected by the City, such additional parking spaces shall be constructed pursuant to the Plan. (i) The City Manager and City Planner shall give written notice to Owner of their determination that additional par- king spaces are then required, setting forth in said notice the number of spaces then required to be constructed, up to the maxi- mum shown in said Plan. Owner, within thirty (30) days after such notice is given, shall give written notice to the City as to whether or not it will construct such additional parking spaces pursuant to the Plan or will submit-a new plan as above allowed. In the event a new plan is to be submitted, it shall accompany the notice given to the City. If no notice is given to the City within said 30 -day period, Owner shall be deemed to have agreed to construct such additional spaces pursuant to the Plan. (ii) Owner shall commence construction of such ad- ditional parking spaces as are then required by the City Manager and City Planner within ninety (90) days after said notice is given by the City Planner or City Manager unless Owner elects to submit a new parking plan, in which case such construction shall commence within ninety (90) days after approval or rejection by the City of the proposed new plan, subject, however, to extensions of said 90 -day period by reason of delays due to weather, labor dis- putes, material shortages or unavailability of materials, unavoid- able casualty, acts of God, or other causes beyond the reasonable control of Owner, in which case the 90 -day period shall be extended by a period of time equal to any such delays; provided, that no extension shall be given for any such delay unless written notice of such delay is given to the City within ten (10) days after the commencement of the delay. Once commenced, the construction shall Qc12 be completed with all due diligence as soon as possible thereafter. .3. If any term, condition, or provision of this Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, provision, and condition to persons or circumstances other than those as to whom it shall be held invalid or unenforcable shall not be affected thereby, and this Agreement, and all the terms, provisions, and conditions hereof, shall, in all other respects, continue to be effective and to be complied with to the full extent permitted by law. 4. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing, and shall be deemed to be given when delivered personally to any officer of the party to which notice is being given, or when deposited in the United States mail in a sealed envelope, with registered or cer- tified mail postage prepaid thereon, addressed to the parties at the following addresses: TO CITY: City of Edina 4801 West 50th Street Edina, Minnesota .55424 Attention: City Manager TO NPI: Normandale Properties, Inc. Suite 2200 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, Minnesota 55431 Attention: Legal Department Such addresses may be changed by either party upon notice to the other party given as herein provided. 5. In.the event that Owner fails or refuses to fully comply with all of its obligations under this Agreement, and such failure or refusal continues for a period of thirty (30) days after notice thereon is given to Owner, then, in that event, in addition to any other remedies then available to the City at law or in equity, the City may: (a) revoke the said variance, in which case Owner shall immediately construct all parking spaces required by the Plan, in full compliance with the Plan and all then applicable ordinances of the City, or (b) enter upon the Property with such men, equipment, -4- and materials as the City deems necessary for the purpose of per- forming the obligations of Owner hereunder that it has then failed or refused to perform, or, at City's discretion, of constructing all parking spaces shown on and pursuant to the Plan, whether or not then required hereunder to be constructed, without liability or obligation of any kind to any owner or occupant of the Property for trespass or damage to the Property, the Improvements, or other property or improvements thereon, or (c) obtain enforcement of this Agreement by court order for mandatory injunction or other appropriate relief. All of the foregoing remedies shall be usable and enforceable by the City separately or concurrently as the City shall determine, and the use of one remedy shall not waive or preclude the use of any one or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy hereunder in the event of a failure or refusal by Owner shall not preclude City from thereafter exercising any of its remedies for the same or subsequent failure or refusal. Owner agrees to pay to the City any and all costs and expenses incurred by the City in enforcing this Agreement by use of the remedies above set out or by other remedy or means avail- able to City at law or in equity,.including attorneys' fees, whether suit be brought or not, and with interest on all such costs and ex- penses at ten percent (10 %) per annum from the dates incurred by City until paid, and Owner also agrees to pay all costs of collec- tion of such costs and expenses, with interest thereon, again in- cluding attorneys' fees and whether suit be brought or not, with interest at ten percent (10 %) per annum on such costs of collection from the dates incurred until paid. 6. The terms and provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, and shall run with the title to the Prop- erty but shall be binding upon the owners from time to time of the Property, only during the period of their ownership. References herein to Owner shall mean and include all parties designated herein as O::.-ner and their liability hereunder shall be joint and several, and _= there be at any future time more than one owner of the -5- Property, all of such then owners, while they are such owners, shall be jointly and severally liable for all obligations under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above writ- ten. This Instrument Drafted By JORr'TY, WINDHORST, HANNAFORD, WHITNEY & HALLADAY 2300 FIRST NATL. BANK BLDG. MINNEAPOLIS, MINNESOTA 55402 NORMANDALE PROPERTIES, INC. By Its CITY OF EDINA By It STATE OF MI.2NESOTA ) COL.TY OF fiE.�NEPIN ) ss . The foregoing instrument was acknowledged before me this 4th day of March, 1980,, by . O l the ... of Normandale Properties, qnc., a Minnesota cor- poration on behalf of the corporation. � T egozafi c,W C, aw NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires Feb. 1, 1986 STATE OF MI_'..•;ESOTA ) COUTL TY OF HENINEPIN ) ss . No ary Public The foregoing instrument was acknowledged before me this _42�7ay of March, 1980 by fAt41E5 YA'ij �l�L/C�i(,f'�j and bSC,4�00 Mayor and City Manager, respectively, of the City,of Edina, a Minnesota municipal corporation, on behalf of the City. ::�,«��:o CRAIG L. LARSEN .' ►► a��` NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY ` My Commission Expires Sept. 15, 1984 i i ,ice 0 6. '-SrAca" 9 Z.7? Iff t 61 99.53' FRAN.CE AVE..- IS zf.aco' 0 A Sheet No. Project Job- No. P ReVsins EDINA OFFICE CENTER Checked r-L—n iw�nby Checked by EDINA, MINNESMA ate UE��MFE�HLFii L' A 2 -ritle Printed DESIGNERS • BUILDERS DEVELOPERS SITE PLAN DEC 191979 .Suite 2200, 7900 Xerxes Ave. So., Minneapolis, MN 55431 (612) 830-4444 ■ Suite 325, 5745 E. River. Rd., Chicago, IL 60631 (312) 693-7106 m Suite 2980, 777 E. Wisconsin Ave., Milwaukee, W1 52302 (414) 271-2980 1 W,CrF PH &' O "-''h TI, J -P Fi i q 607C2- fd" 7� 7� 41 rn -L 17 ViB- 73 4. 0 6. '-SrAca" 9 Z.7? Iff t 61 99.53' FRAN.CE AVE..- IS zf.aco' 0 A Sheet No. Project Job- No. P ReVsins EDINA OFFICE CENTER Checked r-L—n iw�nby Checked by EDINA, MINNESMA ate UE��MFE�HLFii L' A 2 -ritle Printed DESIGNERS • BUILDERS DEVELOPERS SITE PLAN DEC 191979 .Suite 2200, 7900 Xerxes Ave. So., Minneapolis, MN 55431 (612) 830-4444 ■ Suite 325, 5745 E. River. Rd., Chicago, IL 60631 (312) 693-7106 m Suite 2980, 777 E. Wisconsin Ave., Milwaukee, W1 52302 (414) 271-2980 1 kr •0 �A 15 w PIES AL110 i#11WOK, 4 * PIN, rtrep• -A ox. I(po 60j�, 114 lia Iw '. -�I � � I� � Ir�� -rS r .or rA 9 4 rV4 Toz 'A"Ari, V. Ot* N1 IGJr11 t-*Ttoo cor4o. oil lbr w%�ie^ CALWVLM ?ATW ra-T5, HL4r, ra ark- tY IM lq� r I j 13 - I 1 T 4 7- L) r sli -ig 4, :4 7 M- r I 71 J! - L Ri FRAN.CE AVE. -P 607c- C� sz'.- -1 R 0) 7= =r CO) --- oc m m ME 0 ni h lanquy" Job. No. Revisions EDINA OFFICE CENTER Drawn by Checked by rit!e. EDINA, MINNESOTA J" //AV Date Print AaX r e BUILDERS DEVELOPERS JL�_T DESIGNERS SITE PLAN 9 EC 1979 S O uite 2200.',7900 Xerxes Ave. So_ Minneapolis, MN 1 (612) 830 -4444 ar Suite 325, 5745 River Rj, Chicago, IL 60631 (312) 693-7106 m Suite 2980, 777 E. Wisconsin Ave., Milwaukee, W1 52302 (414) 271-2980 % L) r sli -ig 4, 7 M- FRAN.CE AVE. ME 0 ni h lanquy" Job. No. Revisions EDINA OFFICE CENTER Drawn by Checked by rit!e. EDINA, MINNESOTA J" //AV Date Print AaX r e BUILDERS DEVELOPERS JL�_T DESIGNERS SITE PLAN 9 EC 1979 S O uite 2200.',7900 Xerxes Ave. So_ Minneapolis, MN 1 (612) 830 -4444 ar Suite 325, 5745 River Rj, Chicago, IL 60631 (312) 693-7106 m Suite 2980, 777 E. Wisconsin Ave., Milwaukee, W1 52302 (414) 271-2980 % 1. 6. Ce. AS 4-t4avrs LANP%,A-Ft t4irA-5 FCP LC(l. 1/2' • 1-0'