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4436, 99
AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of
Octoher,-1978,-byand between THE NORTHLAND COMPANY, a Minnesota
corporation, hereinafter called "Northland ", and the CITY OF
EDINA, a municipal corporation, hereinafter called "City ";
WITNESSETH:
WHEREAS, Northland has an interest in certain real property
( "Property ") located in the City of Edina, County of Hennepin,
State of Minnesota, legally described on Exhibit "A" attached
hereto; and
WHEREAS, Northland proposes to construct on said Property
an approximately 75,000 square foot office building ( "Building ")
and parking to be used in connection therewith; and
WHEREAS, Northland has submitted to City a parking plan
prepared by Baker and Associates dated May 11, 1978 ( "Plan "),
which Plan provides for 407 parking stalls as required by City
ordinances; and
WHEREAS, Northland is of the opinion that 407 parking
stalls are not required for the operation of the Building and
requested on April 27, 1978, of the Board of Appeals and Adjust-
ments, a setback variance and a temporary parking variance
allowing the construction of 361 parking stalls rather than
the required 407; and
WHEREAS, the Board of Appeals and Adjustments granted on
May 18, 1978 the setback variance and a temporary 46 -stall
parking variance; and
WHEREAS, the granting of the 46 -stall parking variance
was conditioned upon the execution of an agreement between
the parties hereto providing for the construction of up to
46 additional parking stalls upon the occurrence of certain
a
conditions and upon the terms hereinafter provided.
NOW, THEREFORE, in consideration of the premises and mutual
covenants hereinafter contained, it is hereby agreed by and
between the parties as follows:
1. The 46 -stall temporary parking variance granted by
the Board of Appeals and Adjustments on Play 18, 1978 is hereby
conditioned upon the requirement that upon the determination
by the City Planner or City Manager that additional parking
stalls are required on the Property that Northland will,.at
its sole cost and expense, construct such additional parking
stalls up to a maximum of 46. The additional parking stalls
shall be built in accordance with the Plan or, at the option
of Northland, pursuant to a new parking plan, which parking
plan would comply with the then applicable ordinances of the
City.
2. The City Manager or City Planner shall notify North-
land in writing, by registered or certified mail, in the event
the City feels the parking on the Property to be inadequate and
specifying in such notice the required number of additional
parking stalls, up to a.max_imum of 46, which are required to
be built. Northland shall within thirty (30) days after the
receipt of such notice indicate in writing to the City whether
or not it will construct such additional parking spaces in
accordance with the Plan or will submit a new plan covering
such additional parking stalls and complying with the then appli-
cable parking ordinances of the City. In the event Northland
elects to submit a new plan, a copy of such plan shall accompany
the notification from Northland to the City.
3. Northland shall construct such additional parking
stalls within ninety (90) days after written notice from Northland
-2-
to the City unless Northland elects to proceed under "a new
parking plan, in which case such additional stalls shall be
completed within ninety (90) days after the approval of the
new parking plan by the City. The ninety (90) day period pro -
vided herein shall be extended by reason of delays due to
weather, labor disputes, material shortages or unavailability,
unavoidable casualties, acts of God, the public. enemy or other
causes.beyond the control of Northland.
4. This agreement shall be binding upon the parties
hereto, their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
THE NORTHLAND COMPANY
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THE NORTHLAND COMPANY
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STATE OF MINNESOTA )
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COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
August
9th day of fTx, 1978, by M. Jerome Rowe and
Joseph A. Maun , the Assistant Secretary and
Secretary of THE NORTHLAND COMPANY, a Minnesota
corporation.
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
Notary Public (D
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+� BRUCE G. ODLAUG a
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The foregoing instrument was acknowledged before me this
October 11
25th day of �, 1978, by !r_fV l oe_4A Ell and
Zjwes V * VALKe-0,Rq 9, the 64 ft f _c:ze- P-- and
IM of the CITY OF EDINA, a municipal
corporation.
This instrument drafted by:
Bruce G. Odlaug
332 Hamm Bldg.
St. Paul, MN 55102
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CRAIG L. LARSEN
E `NOTARY PUBLIC - MINNESOTA
HENNEPIN COW'' My Commission Expires Sept. 15, 1984
DEC 11 1978
1978 AND PRIOR TAXES PAID
Finance ,Division He . Co.
By
PARCEL ONE .
The most Southerly 268 feet of Lot 51 Block 4, Southdale Acres,
according to the plat thereof on file or.of record in the office
of the Registrar
Above tract mark
` Southdale Acres.
part of Lot
t the Southwest
of Titles'in and for said County.
:d by judidial landmarks.as shown on.plat of
4, Cassin's-0utlots described as beginning
corner of said Lot 4 thence.North along
he West line of said Lot 4, a distance of 333 feet; thence
ast parallel to the South line of said Lot 4 a distance of
lQ .p 98 feet; thence South parallel with the West line of said
\C� 9 Lot 4 a distance of 333 feet to the South line of said Lot 4;
thence West to the point of beginning.
PARCEL TWO
Lot 4, Block 4, Southdale Acres, according to the plat thereof.
pon file or of record in the office of the Registrar of Titles
gin and for.said Hennepin County.
PARCEL THREE
® That part of Lot 3 lying South of the - Easterly extension of
O the North line of Lot 2, Block 4, Southdale Acres, according
Q to the plat thereof on file and of record in the office of
the Registrar of Titles in and for said Hennepin County.
EXHIBIT "A"
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