HomeMy WebLinkAbout2588FROM THE DESK OF:
deEtt Allen
TO:
DATE.
FOR YOUR FILE.
FOR YOUR INFORMATION.
PLEASE REVIEW AND COMMENT.
PLEASE NOTE AND RETURN TO ME.
THIS IS 0. K.
PLEASE ADVISE.
PLEASE HANDLE THIS DIRECTLY.
PLEASE KEEP ME ADVISED ON THIS.
PLEASE SIGN AND RETURN.
AS YOU REQUESTED.
AS WE DISCUSSED.
THANK YOU.
COMMENTS:
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DORSEY & WHITNEY LLP
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INDEMNITY AGREEMENT
This Agreement is made and entered into as of this Z day of , 2004 by
Todd A & Diane M Kerin, husband and wife of the County of Hennepin, State of Minnesota
(hereinafter called the "Owners ") whose address is 5705 Woodland Lane, Edina, Minnesota,
55424 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 Owners are the fee owner of certain property situated in Edina, County of
Hennepin, State of Minnesota, which is legally described as follows:
Lot 1 of the Colonial Grove Fourth Addition, Hennepin County, Minnesota
Said property shall hereinafter be called the "Premises."
Owners desire to add onto to their existing home in which the lower level is
currently below the 100 year flood elevation of the adjacent Minnehaha Creek as shown on the
maps of the City of Edina. The owners have installed a berm adjacent to the lower level
openings to assist with flood protection. Edina has informed the Owners of the flooding risks
associated with the lower level remaining below the 100 year flood elevation and Edina will not
issue a permit necessary to the Owners to construct the addition unless the Owners execute and
deliver this Agreement to the City.
NOW, THEREFORE, in consideration of Edina issuing a permit to construct the
addition on the Premises and of other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged by Owners, the parties agree as follows:
1. The Owners agree to release, indemnify 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 any 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 this home.
2. The terms, covenants and conditions hereof shall run with the land and
shall be binding on all present and future owners and occupiers of the Premises, and shall inure
to the benefit of Edina, its successors and assigns, and may be amended or modified at any time
and from time to time by the sole act of Edina and the then record owners of the Premises, and
may be released in whole or in part at any time, and from time to time, by the sole act of Edina
3. 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.
Todd A. Kerin
Diane M. Kerin
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoin nstrument,wwas acknowledged before me this day of
2004, by � &f1Cf r, / '��� and
4hba2�nd and wife, to me personally known to be the persons described in and who executed the
foregoing instrument and acknowledged that they exec d the same as the' free- t and deed.
Notary Public
(Notarial Seal) '� '««�ut+h�n+WVVMNNs
My Commission Expire / `� DARLENE R. WALLIN
NOTARY PUBLIC- MINNESOTA
My Gcmmissor = "xpi�es „ao. 3i 2rr,�
causes of action, of evel�'Oature whatsoever arising out of or relating to any 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 this home.
2. The terms, covenants and conditions hereof shall run with the land and
shall be binding on all present and future owners and occupiers of the Premises, and shall inure
to the benefit of Edina, its successors and assigns, and may be amended or modified at any time
and from time to time by the sole act of Edina and the then record owners of the Premises, and
may be released in whole or in part at any time, and from time to time, by the sole act of Edina
3. 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.
Todd A. Ker'
Diane M. Kerin
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 7� day of
2004, by To" A K-a . ,n and ,
I�Aband and wife, to me personally known to be the persons described in and woo executed the
foregoing instrument and acknowledged that they executed the same, as their free act and deed.
(2a111A c.'tz 7
Notary Public
(Notarial Seal)
My Commission Expires: 1-3 " U
CANDICE L FIEDLER
NOTARY PUBLIC - MINNESOTA
MyCommission 0�1sn.81 2005