HomeMy WebLinkAbout2486r s.
AGREEMENT AND RELEASE
This Agreement is made and entered into as of this 14th day of December,
1994 by Burnet Realty, Inc., a Minnesota corporation (hereinafter called the "Owner ") whose
address is 7550 France Avenue South, Edina, Minnesota, 55435 and the City of Edina, a
Minnesota municipal corporation (hereinafter called "Edina "), whose address is 4801 West
50th Street, Edina, Minnesota 55424, Attention: City Manager.
RECITALS
The Owner is the fee owner of certain property situated in Edina, County of
Hennepin, State of Minnesota, which is legally described as follows:
Lot 6, Block 1, Mirror Lakes Meadow -`Wood Second Addition to Edina Highlands.
Said property shall hereinafter be called the "Premises".
The Owner claims the Premises have been or will be damaged by flooding and
that Edina is responsible for such damage (hereinafter called "Owner's Claim ").
Edina denies the Owner's Claim.
The Owner has hired a contractor to undertake preventative measures to the
Premises to reduce the risk of flood - related damage to the Premises (hereinafter called the
"Preventative Measures ").
Edina has established a Flood Reduction Program which is public funded and
intended to provide financial assistance to eligible homeowners in undertaking preventative
measures to reduce the risk of flood - related damage to their homes (hereinafter called the
"Program "), and Edina has agreed to use Program money in the amount of $10,000.00 to
reimburse the Owner for a portion of the costs paid by the Owner to such contractor for the
Preventative Measures.
The parties have agreed to settle Owner's Claim as provided for herein.
NOW, THEREFORE, in consideration of Edina using Program money to
reimburse the Owner for the cost of the Preventative Measures and of other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged by
Owner, the Owner agrees as follows:
1. This Agreement shall run with title to the Premises and be binding on all
present and future owners of the Premises.
2. The Owner agrees to release and hold harmless Edina and its officials,
employees, agents and representatives from all claims, demands, damages, suits and causes
of action, of every nature whatsoever arising out of or relating to Owner's Claim, including
on account of damage or loss to property, both real and personal, taking of property, both
real and personal, bodily injuries or deaths arising out of any flooding of the Premises or
flood - related damage to the Premises caused in whole or in part from the inadequacy or
nonperformance of the Preventative Measures or from any acts or omissions, including
negligent acts or omissions, of Edina or its officials, employees or agents, which acts or
omissions occurred prior to the date of this Agreement.
I Owner acknowledges that Edina does not in any manner insure, warrant or
guarantee that the Preventative Measures are adequate to reduce the risk of flood - related
damages to the Premises or will prevent future flood - related damages to the Premises.
4. Any notice, demand or request by Edina to Owner shall be in writing and shall
be deemed to have been duly given or made if mailed by registered or certified mail, return
receipt requested, to Owner at its address set forth in the caption hereof, or at such other
address as Owner may notify Edina of, in writing, by registered or certified mail, return
receipt requested, at the address set forth in the caption hereof, or at such other address of
which Edina shall have so notified Owner. Notice so mailed shall be deemed given and
made upon deposit in the United States mail.
5. Owner agrees and acknowledges that the consideration provided for herein is
full and complete consideration for Owner's Claim.
6. This Agreement, for all purposes, shall be interpreted and construed in
accordance with the laws of the State of Minnesota. The unenforceability or invalidity of
any provision or provisions of this Agreement as to any persons or circumstance shall not
render that provision nor any other provision or provisions herein contained unenforceable or
invalid as to any other persons or circumstance, and all provisions hereof, in all other
respects, shall remain valid and enforceable.
BU T REALTY INC.
By
Its Q./ZA;t . RAiL••
-2-
STATE OF MINNESOTA
COUNTY OF HENNEPIN
rn
The foregoing instrument was acknowledged before ipe this 7 day of March,
1995, by RA W A, t-o s S -- Y r,j ,the 4 S S is i - s e c
of Burnet Realty, Inc., a Minnesota corporation, on behalf of the corporation.
(Notarial Seal)
USARANM
NOTARY PUBLIC • MprNEBbTA
RAMSEY COUNTY
Expires Jan. 31, 2000
This instrinnent was drafted by:
Dorsey & Whitney P.L.L.P.
220 South Sixth Street
Pillsbury Center South
Minneapolis, MN 55402 -1498
X,,, rc Aiii�
Notary Public
for the State of Minnesota
My Commission Expires: a.' 3 I
-3-
2594433
PAU
OL
am
UPf ICL OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY. MINNESOTA
CE,R-flF - ILD FILED ON
MAR 9 1995 !1 il'y",
, REGIS-i kAR OF TITLES
aw- DEPUT'
e