HomeMy WebLinkAbout2170THIS AGREEMENT made this day of S�r1981,
among Trucena Minnesota Partners, Inc., a Minnesota. corporation
(hereinafter "Owner "), Wyoming Outfitters, Inc., a Wyoming
corporation (hereinafter "Wyoming ") and the City. of Edina (here-
inafter "City "); WITNESSETH:
WHEREAS, Owner is the record owner of the following de-
scribed property (the "Site "):
All that part of Tract "F" Registered Land Survey #629,
files of the Registrar of Titles, County of Hennepin,
State of Minnesota, lying South of a line drawn
pdrallel with and 140 feet South of, as measured at
right angles to, the South line of vacated West 68th
Street as dedicated in the plat of "York Terrace" and
its westerly extension and lying Northerly of a line
drawn parallel with and 2.20 feet North of the South
nine of said Tract "F" as measured at right angles to
said South line. Subject to easements and restrictions
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of record.
rd.
All that part of Tract F, Registered Land Survey No.
629, files of the Registrar of Titles, County of
Hennepin, Minnesota, lying Southerly of a line drawn
parallel with and 40 feet south of as measured at right
angles to the South line of vacated West 68th Street as
dedicated in the plat of "York Terrace" and its
Westerly extension and lying Northerly of a line drawn
parallel with and 140 feet South of as measured at
right angles to said South line of vacated West 68th
Street and its Westerly extension, exc e p t
the Westerly
270 feet thereof. Subject to easements and restrictions
of record; and
WHEREAS, Wyoming, as lessee of the Site, and with Owner's
approval, filed•a petition with the Edina Board of Appeals and
Adjustments on August 17, 1981, requesting a variance to City
Sign Ordinance No. 451 in order to erect a free standing sign
upon the Site; and
WHEREAS, the Edina Board of Appeals and-Adjustments
granted said variance on September 17, 1981, Case No. -g3(--
subject to certain conditions;
NOW, THEREFORE, in consideratidn of the'premises and of
the covenants and agreements herein.set forth, the parties
hereby mutually covenant and agree as follows:
All
1. No free- standing sign additional to that allowed to
be constructed by said variance shall be constructed, placed
or permitted on Site while the sign permitted by the'variance
is located on the Site.
. 2. Wall signs and signage on the existing and any future
building on the Site shall be limited to the west wall and a
maximum area of one hundred eighty -nine (189) square feet, as
such square feet are determined by the City.
3. The variance shall automatically terminate and the
sign and sign foundation be removed by Owner or Wyoming when
the occupancy of Wyoming's building is changed or modified.
40 In the event that Owner or Wyoming fails or refuses
- to fully comply with all of their obligations under this agree -
ment, or violates any of the provisions hereof, and such failure,
refusal or violation continues for a period of thirty (30).days.
after notice thereof is given to Owner and Wyoming, then, in
that event, in addition to any other remedies then available to
L the ^; L shall have the right to:
the City at lacy aL i,. equity, t,... �..� �.y
a., Revoke said sign variance described in this
I. agreement, in which case Owner and Wyoming shall immediate-
ly remove said free standing sign and the foundation
therefor;
b. Enter upon the Site with such personnel, equip-
ment, and materials as the City deems necessary for the
purpose of performing the obligations of Owner and Wyoming
hereunder that it has failed or refused to p
erform, or,
at the City's discretion, for the purpose of removing
said free standing sign and foundation therefor, without
liability or obligation of any kind to Owner or Wyoming
or any owner or occupant of the Site for trespass or
damage to the Site or any property or improvements thereon,
or for loss of business or business interruption, or any
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other cause, all of which liability and obligation is
hereby waived by Owner and Wyoming, and if any person
makes any claim against City for any such loss or damage
to property or business due to such entry, Owner and
Wyoming agree to hold City harmless from and indemnified
against any loss, cost, da—mage or expense, including attor-
neys' fees whether suit be brought or not, arising out of
such claim, and to pay to City, upon demand of City, any
such loss, cost, damage or expense, including attorneys' fees,.
suffered or incurred by City, with interest at two percent
(2 %) over the Prime Rate from the date demanded until paid;
e. Obtain enforcement of this agreement by court
order for mandatory injunction or other appropriate,
relief; and
d. Withhold, deny, or revoke any building permits,
certificate of occupancy, utility connection permits and .
any other permits and approvals, issued or granted by the
City for the construction or occupancy of all or any part
of the improvements then on, or then or-thereafter to be con-
structed on, the Site, until such failure or refusal ends and
Owner and Wyoming fully co_ «ply with their obligations hereunder.
All of the foregoing remedies shall be usable and
enforceable by the City separately or cor_curren�ly 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
or Wyoming, shall not preclude City from thereafter exercising
any of -`its remedies for. the 'sare or a subsea cent failure or
refusal. Owner and Wyoming agree to pay to City any and all
costs and expenses incurred by City in enzorcing this agreement
by the use of the remedies above set out or by other remedies
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or means available to the City at law or in equity, including
attorneys' fees whether suit be brought or not,.and with
interest on all such costs and expenses at the rate of two
percent (2 %) per annum over the Prime Rate from the dates
incurred by the City until paid.
Owner and Wyoming also agree to pay all costs of
collection of any monies due to City from Owner or Wyoming
pursuant hereto, and of such costs and expenses incurred in
enforcing this agreement, with interest thereon, again
including attorneys' fees and whether suit be brought or not,
with interest at the rate of two percent (2%) per annum over
the Prime Rate from the dates such costs of collection were
- incurred until paid.
In purposes hereof, Prime Rate shall mean the rate
E of.interest from time-to time publicly announced by the First
National Bank of Minneapolis as its prime rate.
S. All notices, reports, or demands required or per-
mitted to be given under this agreement shall be in writing
and shall be deemed.to be given when personally delivered 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 certified mail postage prepaid thereon,
addressed to the parties at the following addresses:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Owner The Towle Real Estate Co.
600 Second Avenue
Minneapolis, Minnesota 5409
n OAA f n C i mes ��
To Wyoming:
u
Such addresses may be changed by any party on notice to the
p
other party given as herein provided.
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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 site and be binding upon all present and future owners
of the site. If, for any reason, the provisions hereof should
be determined by the legal counsel for City, or by a court.of
competent jurisdiction, not to be fully binding upon and fully
enforceable against any owner of the Site, then the said
freestanding sign variance granted by City shall wholly cease
and terminate and the Site shall be used and useable only in
full compliance with all then applicable ordinances of the
City. If there be at any future time more than one owner of
the Site, 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 have executed this
Agreement on the date first above written.
TRUCENA MINNESOTA PARTNERS, INC.
I
Its
WYOMING OUTFITTERS, INC.
z
l� L
is �.
CITY OF EOINA
By
�l vo
And
. .. �•ianager
• y J`+ J� t, V Y r• ' f 1 t ! 9 Y i . :1 1 fi M ) l .d t i t �♦ M? ,: Lr� 4i,
y 40(C ,t.y bit _ na - • - a 1 w .r. .' t r "t ! y t r
STATE OF ' M7
MT9S'OTA ) ss .
COUNTY OF /�C )
.r
instrument was acknowledged before me this
The foregoing 19 81, byA.J4u3 ,t1.Z,�,c y,,• a
day of .�1� Di''r`_ —' respeclY. of TRUCENA
arlu MINNESOTA PARTNERS,
INC.,
-:-a Minnesota corporation, on behalf o
said corporation.
DOREEN E. YEE
NOTARY PUBLIC, state of New York
No. 41- 47148871 /mow _�`,
Qualified in Queens County -��
Catiificate filed ;`New aYork 0 °1982. Notary Pu lc
C.Mussion Expires
STATE OF
ss.
COUNTY OF )
The fore oing instrument was' cknowle�ged nd� a me is
day of J 191 by
and -� res ec ive y, o V 0 ING OU FITTERS,
the ..
INC., a yo ing corporation, on behalf of said cor oration.
otary u lic
at•► Commission expires January 21,,190
STATE OF MINNESOTA )
ss,
COUNTY OF �&1 )
The foregoing instrument was acknowledged before me ,t�h
day of PQ�!yrl/�ce 1981, byL,,v �r?%ri ��
tie -Mayor and Manager, respectively, of CI Y OF EDINA, a municipal
corporation, on behalf of said corporation.
if
i �;,c;•rc;;•�
CRAIG L. LARSSN.
r�ou NOTARY PUBLIC MINNESOTA ry
'• HENNEPlN COUNTY
Mt ! 1 5,198 `'
My Commission Expires Sept•
AAZ
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