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HomeMy WebLinkAbout2553I 350 PARK AVENUE NEW YORK, NEW YORK 10022 (212) 415 -9200 1330 CONNECTICUT AVENUE, N. W. WASHINGTON, D. C. 20036 (202) 857 -0700 3 GRACECHURCH STREET LONDON E03V OAT, ENGLAND 44 -71 -929 -3334 36,RUE TRONCHET 25009 PARIS, FRANCE 33- 1- 42- 66 -59 -49 48, RUE DE TREVES B -1040 BRUSSELS, BELGIUM 32- 2- 238 -78-11 Mr. Craig Larsen City Planner City of Edina 4801 West 50th Street Edina, Minnesota 55424 Dear Craig: DORSEY & WHITNEY A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2200 FIRST BANK PLACE EAST MINNEAPOLIS, MINNESOTA 5 540 2 -1498 (612) 340 -2600 TELEX 29-0605 FAX (612) 340 -2868 THOMAS S. ERICKSON (612) 340 -2659 January 24, 1991 Re: Development Agreement for Lindell Addition 201 FIRST AVENUE, S. W, SUITE 340 ROCHESTER, MINNESOTA 55902 (807) 288 -3156 1200 FIRST INTERSTATE CENTER BILLINGS, MONTANA 59103 (406) 252 -3800 201 DAVIDSON BUILDING GREAT FALLS, MONTANA 59401 (406)727 -3632 127 EAST FRONT STREET MISSOULA, MONTANA 59802 (406) 721-6025 I enclose herewith for your files the original, executed Development Agreement for Lindell Addition dated November 6, 1990 and recorded January 3, 1991 in the office of the Registrar of Titles for Hennepin County, Minnesota, as Document No. 2146773. Very truly yours, TTW\-� Thomas S. Erickson TSE:kks Enclosure (Lindell Addition) THIS AGREEMENT is made as of November 6, 1990, between the City of Edina, a Minnesota municipal corporation (the "City"), and Steven M. Lindell and Barbara G. Lindell, husband and wife (herein together called the "Developer "). Witnesseth, that: Whereas, the Developer has made application to the City for approval of a plat of land within the City, said plat to be known as Lindell Addition (the "Plat "); and Whereas, the City Council by resolution adopted November 5, 1990, granted approval of the Plat, on the condition, among others, that the Developer enter into this Agreement with the City relating to the development of Lot 2, Block 1 of said Plat (the "Subject Lot "); and Whereas, the parties hereto believe that development of the Subject Lot pursuant to this Agreement, and the fulfillment generally of this Agreement, are in the best interests of the City and the health, safety and welfare of its residents, and in accord with the purposes, provisions and requirements of the applicable state and local laws under which the development of the Subject Lot will be undertaken and completed. Now, Therefore, in consideration of the premises and the covenants and agreements herein contained, the City and Developer hereby agree as follows: 1. Drainage. The City Council has found and determined that problems currently exist in the vicinity of the Plat due to runoff of surface water from the area of the Plat and other property. It is the desire and intent of the City that development or redevelopment of the Subject Lot not add to and aggravate such problems. Therefore, Developer agrees that the City need not issue any permits for construction or reconstruction or placing of a house or any other structure, or for any excavation or grading or any other development activity, on the Subject Lot, until a plan showing the method and direction of drainage of surface water from the Subject Lot, as it is then to be improved with a house and related facilities, has been approved in writing by the City Engineer, which approval may require construction of an additional storm sewer catch basin in the public street adjoining the Subject Lot to catch new drainage from the Subject Lot and from the related installation of additional piping made necessary by the new catch basin. Once approved, the Subject Lot shall be improved and developed, and the said catch basin and related piping shall be constructed and installed in the public street, in strict conformance with the plan as approved and, as to the catch basin and related piping in strict conformance with the construction standards and procedures of the 4 City, all without cost, expense or charge to the City, except for such portions of said catch basin and related piping as City may elect to supply to Developer at the cost of City. 2. Antrim Road Access. Developer agrees that the only access from and to the Subject Lot to and from the public streets shall be Antrim Road on which the Subject Lot fronts, and the City may deny and prevent access to and from any other public street from and to the Subject Lot. 3. Removal of Outbuildings. Developer agrees to demolish and /or remove all structures now on the Subject Lot, except, however, for the carriage house which may be, but is not required to be, demolished and /or removed. Such demolition and /or removal shall be done pursuant to permits to be issued by the City, but no further or other permits need be issued by the City for the construction or placing of a house or any other structures, or for any excavation or grading or any other development activity, on the Subject Lot until such structures are completely demolished and /or removed from the Subject Lot. 4. Erosion and Sedimentation Control. Developer agrees to comply with, and fulfill the obligations of Developer under, Ordinance No. 817 of the City in connection with the development or any redevelopment of the Subject Lot, including, without limitation, the placing or installation, and the continual maintenance during development or redevelopment, of an erosion control fence and hay bales along the south line of the Subject Lot. 5. Remedies. (a) If Developer fails to perform any duty or obligation to be by Developer performed under and pursuant to this Agreement and does not cure any such failure of performance within thirty (30) days after written notice thereof is given by the City, then the City, at its option, may enter upon the Subject Lot with such personnel, equipment and materials as the City deems necessary for the purpose of performing such duty or obligation. The City, and its respective officers, agents, employees, representatives and contractors shall have no obligation or liability to Developer or any owner or occupant of the Subject Lot for trespass or damage to the Subject Lot or any improvements thereon, or for loss of business or business interruption or any other cause, all of which liability and obligation is hereby waived by Developer, and if any person makes any claim against City, or its respective officers, agents, employees, representatives or contractors for loss or damage to property or business due to such entry, Developer agrees to hold the City, and its respective officers, agents, employees, representatives and contractors harmless from and indemnified against any loss, cost, 2 �5 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 the City, any such loss, cost, damage or expense, including attorneys' fees, suffered or incurred by the City, or its respective officers, agents, employees, representatives or contractors, with interest at 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 negligence of the City, or its respective officers, agents, employees, representatives or contractors. (b) The City, in addition to the remedy at (a) above, shall also have in the event of such failure by Developer, the right to revoke or deny issuance of any permits then issued or to be issued for any improvements or development on or of the Subject Lot, and shall also have available all other remedies then allowed at law or in equity, or provided by ordinance, including the right of the City to realize upon any security given by Developer to City in connection with the improvement or development of the Subject Lot, and mandatory injunction, to enforce any of the obligations and duties of Developer hereunder or to recover damages for default therein. (c) All of the remedies available to City shall be usable and enforceable separately or concurrently, and the use of one remedy shall not waive or preclude the use of one or more of any other remedies. Also, the failure to exercise, or delay in exercising, any remedy shall not preclude City from thereafter exercising any of its remedies for the same or a subsequent failure or refusal. Developer agrees to pay to the City, any and all costs and expenses incurred by the City in enforcing this Agreement, including attorneys' fees, whether suit be brought or not, by use of the remedies set out herein or by other remedy or means available at law or in equity and with interest on all such costs and expenses at twelve percent (12 %) per annum from the dates incurred until paid. A (d) Developer also agrees to pay all costs incurred by the City for collection of any monies, including interest, due from Developer to City pursuant hereto, again including attorneys' fees and whether suit be brought or not, with interest at twelve percent (12 %) per annum on such costs of collection from the dates incurred until paid. 6. Notice. Any notice, report or demand required or permitted to be given by any party hereof upon or to any other party hereto shall be in writing and shall be deemed given in accordance with this Agreement when delivered personally to any officer of the party to which notice is being given, or when 3 ' a deposited in the United States mail in a sealed envelope, sent by registered or certified mail, postage prepaid thereon, addressed to the parties at the following addresses: If to Developer: at the then address of the Subject Lot If to City: City of Edina 4801 West 50th Street Edina, Minnesota 55424 Attn: City Manager Notices shall be effective upon personal delivery, or if mailed, one business day after mailing or depositing in the above manner. Any party may change its address for the service of notice by giving written notice of such change to the other party, in the manner above specified, ten days prior to the effective date of such change. 7. Amendments. This Agreement may be amended by, and only by, a written agreement executed by the Developer and by the City. 8. Severability. 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 these 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. 9. Run With Title; Successors and Assigns; Joint and Several Liabilitv. The provisions hereof shall run with the Subject Lot and every part thereof without regard to technical classification and designation, legal or otherwise, and will be binding upon, to the fullest extent permitted by law and in equity, and shall inure to the benefit of, and be enforceable by and against, the parties hereto, and their respective successors and assigns, and all present and future owners of the Subject Lot. The obligations of Developer hereunder shall be joint and several. 4 • � f IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed as of the date and year first above written. Steven M. Lindell Barbara G. Lin all CITY OF EDINA By up STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this Z day of November, 1990, by Steven M. Lindell and Barbara G. Lindell, husband and wife. MICHAEL J. WEIDNER NOTARY PUBLIC — MINNESOTA HENNEPIN COUNTY My Commission Exp Jan. 7. 1992 5 otary Public 4 4 L STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this ' gg�day of November, 1990, by Frederick S. Richards and Kenneth E. Rosland, the Mayor and Manager respectively, of the City of Edina, a Minnesota municipal corporation, on behalf of the corporation. THIS INSTRUMENT DRAFTED BY: DORSEY & WHITNEY (TSE) 2200 First Bank Place East Minneapolis, Minnesota 55402 0 Notary Pdaic �- JOYCE G. REPYA ,!} NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY pry own4mon SON J* it Im W -Z146773 Mu!''TERED VOL. PRI OFFICE OF THE REGISTRAR 1F TI T I-rn HENNEPIN C;;U+ i ;' -ii"i 1ESOTA CERTIFIED FILED ON JAN 3 1991 3 01, �1 �I 90L C'�y�,�k REGISTRAR OF TITLES BY DEPUTY 4 -5Ar -02 k i fT� i d