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Home My WebLink About2473TRANSFER ENTERED DEPT, OF PROPERTY TAX & PUBLIC RECORDS MAR 11 1"4 AGREEMENT REGARDING EXTERIOR WALL OPENINGS PIN COUNTY MINN. THIS AGREEMENT REGARDING EXTERIOR WALL OPENINGSY UEPU T ( "Agreement ") is made as of February 10, 1994, between CITY OF EDINA, a municipal corporation ( "City"), and LA REAL ESTATE GROUP, a Minnesota general partnership ( "Owner "). BACKGROUND: A. Owner is the owner of the building ( "Building") situated on the east side of the real property described on attached Exhibit A ( "Property"). The address of the Building is 3930 West 50th Street, Edina, Minnesota. B. Owner desires to install two show windows on the east exterior wall of the Building, as shown on attached Exhibit B ( "Windows "). C. The Windows will overlook open areas on the adjacent property to the east, which adjacent property is commonly known as 3924 West 50th Street, Edina, Minnesota ( "Adjacent Property "). D. The Windows are not permitted under the Uniform Building Code ( "UBC ") because of proximity to the Adjacent Property, but City, through its building official, is willing to grant a modification of the UBC as to the Windows so long as improvements on Adjacent Property are not extended nearer to the Property, provided that Owner enters into this Agreement. AGREEMENT: City and Owner agree as follows: 1. If the improvements to the Building, other than the Windows, comply with the requirements of the UBC and all applicable laws and ordinances and regulations of the City, City will grant a building permit for improvements to the Building that include the Windows, and accordingly modifies the applicability of the UBC to the Windows. 2. If at any time the owner of the Adjacent Property expands its improvements on the Adjacent Property in a manner that causes a Window or both Windows to be in violation of applicable fire codes, then Owner will promptly remove any Window(s) so affected and will patch the affected opening(s), all at Owner's sole expense. In the event the Owner shall fail to remove any affected Window(s) and patch the affected opening(s), the City may, at its option and without notice, enter upon the Property with such personnel, equipment and material as it determines necessary, to remove the affected Window(s) and patch the affected opening(s), and the cost incurred, including attorneys' fees, with interest at the highest rate then allowed by law, or, if no maximum rate is applicable, then at the 1 rate of twelve percent (12 %) per annum, shall be payable by Owner, and Owner's heirs, representatives, successors and assigns, on demand then made by the City, its successors and assigns. Such entry shall be without liability or obligation of any kind to Owner, or any owner or occupant of the Property, for trespass or damage to the Property, or any property or improvements thereon, or for loss of business or business interruption, or any other cause, all of which liability and obligation is hereby waived by Owner, and if any person makes any claim against the City, or its officers, agents, employees, representatives or contractors for loss or damage to property or business due to such entry, Owner agrees to hold City, and its officers, agents, employees, representatives or contractors harmless from and indemnified against any loss, cost, damage or expense, including attorneys' 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, or its officers, agents, employees, representatives or contractors, with interest at the highest rate allowed by law, or if no maximum rate is applicable, then at the rate of twelve percent (12 %) per annum, from the date demanded until paid; provided, however, that the foregoing hold harmless and indemnity shall not apply to intentional wrongful acts or omissions or negligence of City, or its officers, agents, employees, representatives or contractors. Owner and Owner's heirs, representatives, successors and assigns shall also pay all costs of collection thereof, including attorneys' fees, with interest thereon as above provided, if payment is not made on demand, whether or not suit be brought. In addition to other remedies then available for collection of such costs and interest, City may levy such costs and interest against the Property and any other property then included in the same tax parcel as the Property, in the same manner as special assessments (without, however, any notice or hearing of any kind) and collect the same with the real estate taxes against the whole of such tax parcel which are payable in the year following the year such costs and interest are so levied, and Owner, for Owner and Owner's heirs, representatives, successors and assigns, hereby waives any and all objections to such levy, including, without limitation, the amount thereof, the hearing process (including the giving of, or failure to give, or error in giving of, any required notice), and including all rights of appeal from such levy. If such assessments are not paid before they become delinquent, the whole of such tax parcel may be sold and conveyed in e same manner as lands forfeited for nonpayment of real estate taxes are sold and conveyed. 3. If any provision of this Agreement is for any reason held to be invalid or unenforceable as to any person or circumstance, the application of such provision to persons and circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this Agreement in all other respects shall remain in full force and effect and be valid and enforceable. 4. This Agreement will run with the land and will bind and benefit, and will be enforceable exclusively by, City and Owner. EXECUTION: City and Owner have executed this Agreement as of the date first stated above. STATE OF MINNESOTA )SS. COUNTY OF HENNEPIN CITY OFEDINA By S Frederick S. Richar^ Mayor And o on Huge Assistant City Manager LA REAL ESTATE GROUP, a Minnesot eneral partnership By Rus 1 T. Lund, Id, General Partner The foregoing instrument was acknowledged before me this? =day of 1994 by Frederick S. Richard and Gordon Hughes, the Mayor and Assis ant City Manager, respectively, of the CITY OF EDINA, a municipal corporation, on behalf of the corporation. OAS &� 0TA.RV"ALIC� A L. t1�tIM Notary Pub Ac STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /4 day of 1994 by Russell T. Lund, II, a general partner of LA REAL ESTATE GROUP, a Minnesota general partnership, on behalf of the partnership. rd L.DBELLEANE - N CO TY Notary Public ca i7rssi�n expires 2-3 -98 THIS INSTRUMENT WAS DRAFTED BY, AND WHEN RECORDED, RETURN TO: DORSEY & WHITNEY (KTT) 2200 Pillsbury Center South 220 South Sixth Street Minneapolis, MN 55402 r EXHIBIT A Property Parcel 1: All that part of Lot 35, Auditor's Subdivision No. 172 lying West of the East 13 feet thereof and lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35 except that part thereof lying Easterly of the Westerly 74.20 feet and lying North of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35, according to the recorded plat thereof; and Parcel 2: All that part of the East 22 feet of the South half of Lot 36, Auditor's Subdivision No. 172 lying South of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36 except that part thereof described as follows: Beginning at a point on the South line of said Lot 36 which point is distant 22 feet West from the Southeast corner of said Lot 36, thence North and parallel to the East line of said Lot 36 a distance of 150.14 feet, thence East parallel to the South line of said Lot a distance of .55 of a foot thence Southerly to a point on the South line of said Lot 36, which point is .10 of a foot East of the point of beginning, thence West .10 of a foot to the point of beginning, the West line of said parcel being marked by Judicial Landmarks set pursuant to Torrens Case No. 16224, according to the recorded plat thereof. All located in Hennepin County, Minnesota. �2/08i94 131 24 LUNDS OFF 1 CE X02807 N0.790 P009 63.26905000 Cor 1 Ol i a) 3 D kio� s c (44Atk=W- IN F F E. XWOWD � � �� +-��•- � top' -7•' �o&- GY;t• +• f I i r e •3 . � i j' ` �ul •rF 2494559 Z W.8,2 0, 25�� Z6�?QS Cope OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON MAR 111994 +#.- REGISTRAR 01 TITLES DEPUTY Do (5ey 4- V � i { 0 y