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HomeMy WebLinkAbout2475Z 3941g VENNUM PAUL C and CI "City" )Yns ,�z , 4t, 5-6 � ?6 5'7-' Revised 7/16/90 AGREEMENT THIS AGREEMENT, Made and entered into this 6'0' day of _, 1990, by and between THOMAS VENNUM and MARGARET N. aka Margaret Vennum, husband and wife ( "Vennums "), and RAN and PATRICIA CURRAN, husband and wife ( "Currans "), OF EDINA, a Minnesota municipal corporation (the RECITALS• A. Vennums are the owner of Lots 11, 12 and 13, Block 14, Country Club District,, Fairway Section, according to the recorded plat thereof, Hennepin County, Minnesota (the "Property "). B. Currans desire to purchase that part of the Property described as follows: Lot 11, and the east 20 feet of Lot 12, all in Block 14, Country Club District, Fairway Section, according to the recorded plat thereof, Hennepin County, Minnesota (the "Curran Portion "). C. The Curran Portion does not comply with the lot width requirements of the Zoning Ordinance of the City, and Currans have requested a ].o_t__width variance to allow construction on the Curran Portion of a new house and detached garage (the "Curran Improvements "), as shown on Exhibit A attached hereto and hereby made a part hereof. D. As a part of construction of the improvements on the Curran Portion, the existing driveway on the balance of the Property (the "Vennum Portion ") is to be removed and filled i and a new hard surfaced driveway (including but not limited to asphalt) and detached garage is to be built on the Vennum Portion (the "Vennum Improvements "), as shown on said Exhibit A. E. The City did, on May 7, 1990, in Case No. LV90 -5 and on May 17, 1990, in Case No. B90 -11, approve the construction of the Vennum Improvements and the Curran Improvements (sometimes herein together called the "Improvements ") and grant the requested lot width variance because strict enforcement of the City ordinances would, in this case, cause undue hardship because of circumstances unique to the Property, and the approval of construction and grant of such variance has been determined by the City to be in keeping V, with the spirit and intent of the applicable ordinances, but the approval of construction and grant of the variance was conditioned upon the execution, delivery, and recording of this Agreement, and 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 properties. F. Vennums and the Currans are agreeable to the approval of construction and the granting of the variance being subject to the conditions hereinafter set out, and are willing, and represent that they have the power and authority, to enter into this Agreement. NOW, THEREFORE. in consideration of the approval given by the City and the granting of the above requested variance, by the City, 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, approve construction of the Improvements, and did grant a variance from its applicable ordinances concerning lot width requirements, subject, however, to the terms and conditions of this Agreement. 2. Vennums and Currans (sometimes herein together called the "Owners ") agree that the Vennum Improvements shall be built in accordance with plans therefor approved by the City and ordinances, codes, regulations and statutes of the City and State of Minnesota applicable to such improvements, and shall be built at the same time as the foundation for the new house on the Curran Portion is being excavated and built, and that the Vennum Improvements shall be completed (except as provided in the last sentence of this paragraph) before any construction of the Curran Improvements is started or done beyond the construction and completion of the foundation for the new house on the Curran Portion. Anything herein to the contrary notwithstanding, it is agreed that the driveway forming a part of the Vennum Improvements need not be hard surfaced until necessary settlement of the new fill thereon, and the construction of the Curran Improvements may proceed without completion of the hard surfacing of such driveway; provided, however, that such hard surfacing shall be done and completed promptly after said driveway has sufficiently settled as determined by the City Engineer, and, in any event, shall be done and completed prior to, and as a condition to, issuance by the City of a certificate of occupancy for the Curran Improvements. The parties agree, however, that the Vennum Improvements shall be completed and done, in any event, not later than December 31, 1990, if this Agreement is not earlier terminated pursuant to paragraph 5 hereof. -2- 3. City agrees to issue to Vennums and Currans permits for construction of the Vennum Improvements and for excavation and construction of said foundation, forming a part of the Curran Improvements, upon compliance with the terms and conditions of paragraph 4 of this Agreement, and of all applicable ordinances, codes, regulations and statutes of the City and the State of Minnesota applicable to the issuance of such permits. It is agreed, however, that the City need not issue, and may withhold and refuse to issue, any additional permits for further construction of the Curran Improvements (beyond construction and completion of said foundation) until the Vennum Improvements have been determined by the City Engineer or Planner, to have been completed pursuant to and in compliance with applicable codes, ordinances and regulations and according to the plans therefor as approved by the City, except, however, that the driveway forming a part of the Vennum Improvements need not be hard surfaced prior to issuance of such additional permits for further construction of the Curran Improvements. Upon such completion of the Vennum Improvements (except for the hard surfacing of said driveway), the City will issue permits for the remainder of the Curran Improvements, subject, however, to compliance with applicable codes, ordinances and regulations. 4. Currans further agree to deposit, in cash, the sum of $15,000.00 ( "Escrow Fund ") in an interest bearing account with a First Bank System bank with an office in the City, and which may be drawn and used, with any interest earned thereby, by the City upon demand made by the City, to pay for any and all costs and expenses incurred by the City in exercising any of its remedies as set out herein or available at law or in equity, including interest and attorneys' fees, but Currans agree to remain liable for any deficiency. Said Escrow Fund, and interest thereon, to the extent not used by City as above allowed, shall be returned to Currans, upon completion (including hard surfacing of the driveway) of the Vennum Improvements pursuant to and in compliance with this Agreement and the plans therefor as approved by the City. 5. Currans may terminate this Agreement by notice to the City and to Vennums, and upon such termination the City shall return the Escrow Fund, and interest therein, to Currans, and thereafter no party hereto shall have any duties or obligations hereunder to any other party hereto, and the lot width variance referred to in the recitals hereof, shall be deemed revoked and terminated. Provided, however, that such right of termination shall end, and no such notice may or shall be given, from and after the commencement upon the Property of any grading, excavating, clearing or filling, or any other work, for construction of any or all of the Curran Improvements or Vennum Improvements. -3- 6. 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 unenforceable 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. 7. In the event that the Owners fail or refuse to fully comply with all of their obligations under this Agreement, or violate any of the provisions hereof, and such failure, refusal or violation continues for a =ericd cf thirty (36) days after written notice thereof is given to the Owners, then, in that event, in addition to any other remedies then available to the City at law or in equity, the City shall have the right to: (a) Enter upon the Property with such personnel, equipment, and materials as the City deems necessary for the purpose of performing the obligations of the Owners hereunder that they have failed or refused to perform, including, at the City's discretion, entry for the purpose of constructing and completing all or any (as determined by City).of the Vennum Improvements including, without limitation, hard surfacing the driveway forming a part of the Vennum Improvements. The Vennum Improvements, if completed by the City, shall be completed in accordance with plans therefor approved by the City at the time construction permits therefor were issued by the City and with then applicable ordinances, codes, regulations and statutes. Any such entry on the Property by the City shall be without liability or obligation of any kind to the Owners or any occupant of the Property for trespass or damage to the Property, the Improvements, or other property or improvements thereon, or any other cause, all of which liability and obligation is hereby waived by the Owners, and if any person makes any claim against City for loss or damage to property or business due to such entry, the Owners agree to hold City harmless from and indemnified against any loss, cost, damage or expense, including reasonable 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 reasonable attorneys' fees, suffered or incurred by City, with interest at eight percent (8 %) per annum from the date demanded until paid; provided, however, that the foregoing waiver and indemnity shall not apply to damage or loss caused by the negligent act of City, its agents or employees, or caused by the violation by City, its agents or employees, of any applicable law, statute or regulation. -4- (b) Obtain enforcement of this Agreement by court order for mandatory injunction or other appropriate relief; and (c) Withhold, deny, or revoke any building permits, certificates of occupancy, utility connection permits and any other permits and approvals, now or hereafter issued or granted or to be issued or granted by the City for the construction or occupancy of all or any part of the Property or Improvements, including, without limitation, the lot width variance referred to in the recitals hereof, until such failure or refusal ends and the Owners fully comply with their obligations hereunder. 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 ore remedy shall nut 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 the Owners, shall not preclude City from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. The Owners agree to pay to City any and all costs and expenses incurred by City in enforcing this Agreement by the use of the remedies above set out or by other remedies 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 eight percent (8$) per annum from the dates incurred by the City until paid. The Owners also agree to pay all costs of collection of any monies due to the City from the Owners 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 eight percent (8 %) per annum from the dates such costs of collection were incurred until paid. 8. All notices, reports, or demands required or permitted to be given under this Agreement shall be in writing and shall be deert-tzd to be given when personally delivered to any Owner or to the Clerk of the City, or when deposited in the Unites 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 Attn: City Manager To the Vennums: 4209 Country Club Road Edina, Minnesota 55424 -5- To the Currans: 7201 York Avenue, Apt. 613 Edina, Minnesota 55435 Such addresses may be changed by any party upon notice to the other party given as herein provided. 9. The terms and provisions hereof shall run with the title to the Property and be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 10. The liability of Vennums and the Currans hereunder shall be joint and several. IN WITNESS WHEREOF, the parties hereto hRve caused this instrument to be duly executed the day and year first above written. /A4, - Thomas nnu , rgare,". Vennum 1 Curran Patricia Curran CITY OF EDINA %/n C . '� By Its Mayor Its Manager -6- I STATE OF MINNESOTA ) )SS. '� Ah Lt COUNTY OF HENNEPIN The foreg g o' instrument was acknowledged beAore me this -46Wk day of , 1990, by Thomas Vennum and Margaret N. Vennum; aki Margaret Vennum, husband and wife. 's, :'�, MANr •..ra ,:3oTA Notary Public CNTY My Commission Expirev. 18, 1900 PEP NOPPOAft STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of , 1990, by Paul Curran and Patricia Curran, husband and wif . K--KATHLEEN P. CURRAN IPY PUBLIC - MINNESOTA HENNEPIN COUNTY Notary Pub 1 i c r Expires May 14, 1993 STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) ON The foregoing instrument was acknowledged before me this � day of _Au&u6r , 1990, by �red.Pficcl[. S. ,�clT�crds and &A zStanw1- , the Mayor and Manager, respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of said municipal corporation. JOYCE a. REPYA "MWK"X-MK4WM N ry Public HENNEPIN COUNTY MY On 1- E*m July 19. I= This instrument drafted by: Dorsey & Whitney 2200 First Bank Place East Minneapolis, Minnesota 55402 !km Exhibit A SITE PLAN FOR PROPOSED VARIANCE COUNTY CLUB ROAD w+ � SZ N i JO JAZ" MCRIFT2A , Trwt et L" L I, eat tket Mrt of tot ti lying Westerly of tae West 20.00 feet or aid Cot 12. all to Tea f4. CDYWTeT TLYe elitRlCT FAIRWAY ttCTION. ecoorOtnq to the tmorde/ Plot taereer. Re,WWP&* tarty. nlaweew. '70.06 ! . iSO.00 P7.t SITE DATA: SITE WIDTH 70 FT. SITE AREA 9490 SF. BUILDING AREA 2272 SF. SITE COVERAGE 23.9% I, or wOWr+ _ALL -METRO LAND SURVEYOR �ay 2340 Daniels street, long Lake. Minnesota 55356 Proposed Property D 702S Ph: 475-1433