Loading...
HomeMy WebLinkAbout2129r 9/17/79 AGREEMENT 9/19/79 (Conditions to Zoning Variance) THIS AGREEMENT, made and entered into this c>?) S-r- )ST day of September , 1979, by and between THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation ( "Northwestern "), NATIONAL CAR RENTAL SYSTEM , INC., a Nevada corporation ( "National "), and CITY OF EDINA, a Minnesota municipal corporation ( "City "); WI T N E S S E T H T H A T: WHEREAS, Northwestern is the owner of certain real prop- erty ( "Northwestern Property ") located in the City of Edina, County of Hennepin, S Lots 1 to the of the ` sota; and Late of Minnesota, legally described as follows: and 3, Block 1, Edina Office Center, according recorded plat thereof on file in the Office Registrar of Titles, Hennepin County, Minne- WHEREAS, National is the owner of certain real property ( "National Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described as follows: Lot 2, Block 1, Edina Office Center, according to the recorded plat thereof on file in the Office of the Registrar of Titles, Hennepin County, Minnesota; + and WHEREAS, the zoning district in which the Northwestern Property and the National Property (sometimes herein together called the "Subject Property ") is located, allows a maximum building height of three (3) stories or forty (40) feet, whichever is lesser, and an interior side yard set back equal to 1.5 times the building height; and WHEREAS, a two story or twenty (20) foot height variance and a ten (10) foot interior side yard variance has been requested to allow construction upon Lot 1, Block 1, said Edina Office Center, of a building five (5) stories or sixty (60) feet in height, which- ever is less, and with less than the required interior side yard set back; and WHEREAS, the City did, on June 18, 1979, in Case No. B -79 -9 grant the requested variances because strict enforcement of the City P O EFILING i Deputy Examiner of Titles IJ ordinances would, in this case, cause undue hardship because of the circumstances unique to the Northwestern Property and National Property, and the grant of such variance has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances, but subject to the execution, delivery, and recording of this Agreement, and only upon the conditions hereinafter set out in this Agreement, which the City deems necessary to impose to insure compliance with the applicable City ordinances and to protect adjacent properties; and WHEREAS, Northwestern and National agree to the granting of the variances subject to the conditions hereinafter set out, and are willing, and.represent that they have the respective power and authority, to enter into this Agreement. NOW, THEREFORE, in consideration of the granting by the City of the above variances, and of the mutual covenants and agree - ments 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, grant a variance from its applicable ordinances whereby there may be constructed upon Lot 1, Block 1, said Edina Office Center, a building five (5) stories or sixty (60) feet in height, which- ever is less, and with an interior side yard set back variance of ten (10) feet, subject, however, to the following terms and con- ditions of this Agreement. The City hereby confirms that it has reviewed the Plans for the building contemplated for construction on Lot 1, Block 1, said Edina Office Center, said Plans having been prepared by Rauenhorst Corporation dated August 20 1979, and on file with the City, and the City hereby confirms that 'the gross floor area (in accordance with the measurements provided for hereinafter) of the contemplated building as shown by said Plans is 126,000 square feet. 2. Said variance granted by the City is conditioned upon, and Northwestern hereby agrees that, all buildings or structures now or hereafter located on Lot 1 of the Northwestern Property shall not exceed 126,000 square feet of gross floor area, and that all buildings or structures now or hereafter located on Lot 3 -2- of the Northwestern Property shall not exceed 15,000 square feet of gross floor area. Said variance is further conditioned upon the condition that, and National hereby agrees that, all buildings or structures now or hereafter located on the National Property shall not exceed 304,000 square feet of gross floor area. For purposes of this Agreement, gross floor area shall be measured from the exterior of the exterior walls of the buildings or struc- tures, but excluding, for measurement purposes, vertical mechanical shafts, stairwells, elevator shafts, parking areas, rooms contain- ing solely mechanical and electrical equipment necessary to the operation of the respective building or structure, and multi -story courtyards and common areas. In determining the said gross floor area, if any floor, story, or portion of any such building or struc- ture is not provided with surrounding exterior walls (excluding, however, the roof thereof), then, for purposes hereof, the number of square feet within such floor, story or portion, and to be in- cluded with the total maximum gross floor area above set out, shall be the area, measured as provided in the immediately preceding sen- tence, within the vertical projection of the exterior walls of the portion of such building or structure immediately above or below t such floor, story or portion. If the City and then owner of the applicable portion of the Subject Property cannot agree on the total gross floor area of any building or structure now or here- after located on the Subject Property, the determination of the City, made pursuant to this Paragraph 2, shall control and be bind- ing on such owner and the applicable portion of the Subject Property. 3. In the event the owner of Lot 1, Lot 2 or Lot 3 does not desire to use the maximum square footage allocation for such owner's respective Lot, such owner may transfer such unused allocation to either or both of the other Lots in the Subject Property, such transfer to occur only by written agreement recorded in the same office in which this instrument has been recorded, whereupon the allocation to the transferring Lot will be reduced by the amount of area by which the receiving Lot or Lots is increased. The use of such allocation shall be subject to and comply with all laws, ordinances, and regulations applicable at the time of any building permit request. -3- 4. Each and every part of the Subject Property shall be ubject to all applicable statutes and ordinances now or hereafter nacted or existing, and such statutes and ordinances shall be effective as to the Subject Property and every part thereof, even though more restrictive than or in addition to the conditions herein contained, provided nothing herein shall abrogate the variances described herein. 5. It is agreed by City and National that the building now being constructed on the National Property contains a total gross floor area of 212,000 square feet, determined pursuant to Paragraph 2 hereof. The parties hereto further agree that before the City shall be obligated to issue a building permit for any buildings or structures hereafter to be located on the Subject Property (other than the 126,000 square foot building referenced in Paragraph 1 above), the City and the owner or owners of the applicable portion of the Subject Property shall enter into a recordable agreement setting forth the total gross floor area of such building or structure determined pursuant to Paragraph 2 here- of, and once the maximum total gross floor area for the specific Lot has been reached, no further building permits need by issued by the City for such Lot; provided, however, that the provisions of Paragraph 2 hereof shall be binding and continue in force and effect even if, for any reason, such agreements are not entered into and building permits are nevertheless given by the City. 6. The conditions herein contained may be released only by the City, and may be released as to all or any part of the Subject Property, and as to any building or structure now or hereafter located thereon, by the sole act of the City. Any such release shall be effective only upon the recording of a resolution of the City Council so releasing the condition in the same office in which this instrument has been recorded. Nothing herein shall be construed to prevent the City from allowing more square footage on any one or more of the three lots, with a commensurate increase in the total allowable square footage for the entire Subject Prop- erty, without the permission or consent of the owners of the lots which are not granted more square footage. -4- The granting of such additional square footage shall be effective only upon the record- ing of a resolution of the City Council granting the square footage in the same office in which this instrument has been recorded. 7. If any provision of this instrument is for any reason held to be invalid or unenforceable as to all or any part of the Subject Property, or as to all or any part of any building or structure now or hereafter located on any part of the Subject Property, or as to any person or circumstance, the application of such provision to the other portions of the Subject Property, or other buildings or improvements, or any portions thereof, or to other persons or circumstances, other than to those to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions of this instrument in all other re- spects shall remain in full force and effect and be valid and en- forceable. 8. The provisions hereof shall be deemed covenants running with the title to all and every part of the Subject Property and shall be binding upon the owners from time to time of the respective portions of the Subject Property, but only during the period of their respective ownerships and only as to those covenants herein which relate to the portions of the Subject Property owned by them. 9. If any person shall violate or attempt to violate any of the conditions herein contained, it shall be lawful for the City (after notice to such owner of the alleged violation and reasonable oppor- tunity as determined by the City in its sole judgment to cure) to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate the condi- tion, and either to prevent such violation or to recover damages therefor. The person or person violating or attempting to violate said conditionshall also be liable (jointly and severally, if more than one) for all costs, including attorney's fees, in- curred by the City, in enforcing said condition and whether suit be brought or not, and with interest on all such costs at ten per- cent (10 %) per annum from the dates incurred until paid,and shall also be liable for all costs of collection of such costs, with interest, again including attori,ey's fees, whether suit be brought -5- or not, with interest at ten percent (10 %) per annum on such costs of collection from the dates incurred until paid. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed the day and year first above written. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY:,. r /�G�„ ,.. ,. BY �� L✓er�t�t�eui.a1' - -' Its Vice PrrsideX,,lr.il: A ( \� l A � n Its Seaci= NATIONAL CAR RENTAL SYSTEM, INC._ By (0C/ Its And Its Klat R S /DE4r CITY OF EDINA By I ay r And � . Its'City Manager, am WISCONSIN TATE OF OUNTY OF Milwaukee ss. The foregoing instrument was acknowledged before me this ri � ��) day of �2z_ ���,�'_� , 1979, by "on C. n.atiidson and George ig e respectively, to me known to be the 'ice Pr,Side-nt and Asst. SeITPISrV of THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, on behalf of said corporation. Notar ubli t�- mY Coriirn.s r10' STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this day of 1979, by and r , respectively, to me known to be, the and i of NATIONAL CAR RENTAL SYSTEM a Nevada corporation, on behalf of said corporation.; =" `` •• C_ Di, Notary Public �,�il•w.: %7y/ - ,PAUL J:/NEilVIt���� _Nnt n/.94bJic, 0at;otaS 2nty, Minn. My eomm s'(u[t,FxPires Tune 15,._1581 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7 day of 1979, by 4•_,, 1 <_s_ l; <:.i:.�'«t.. and ,respectively, to, me known to be the Mayor and City Manager of the CITY OF EDINA, a Minnesota municipal cor- poration, on behalf of said municipal corporation. this instrument drafted by Jay Tucker, Attorney 7900 Xerxes Ave. So. Ste 2300 Bloomington, Mn. 55431 Notary Public + JM!✓ r�...f+►,.r.H*rM��eMdr!:... ^.•r •rM'ri•D:� FLORENCE B. HALLE3EFtu �c; _tN:,��`a, rlLin..;1 ��ilfSliL — � ",!iviftSUlA -7- t: rY' ratMN. .15Y L c -c_,_. _ UEPU.TY STRAR OFFICE OF THE R7CJS nZ To T[ ;: � H FNjN EP FILLD" ON 4 Q 1-79 VN. ES P Ur6 f +aLt of f4ittttelot �[ Division of Public Records COUNTY OF HENNEPIN Registrar of Titles I, Wayne A. Johnson, Registrar of Titles, within and for said County of Hennepin and State of Minnesota, do hereby certify that I have carefully compared the above and foregoing copy of Agreement with the original thereof as filed in my office, as Document No. 1353917 and that the same is a trp e and correct photo -copy of the same, and of the whole thereof, and I do further certify that I am the officer in hose custody said original is required by law to be kept. In witness Whereof I have hereunto set my hand and official seal this 13th day of December A.D. 19 79 Wayne A. Johnson Registrar of Titles, County of Hennepin, State of nesota By Deputy Registrar of Titles 1353917 CERTIFIED COPY OF - Z1 29 Agreement DIVISION OF PUBLIC RECORDS Wayne A. Johnson s Registrar of Titles Hennepin County, Minnesota HC 1020 • ��Z°7 AGREEMENT THIS AGREEMENT, made and entered into this 16th day of August , 1983 between NATIONAL CAR RENTAL SYSTEM, INC. , a Nevada corporation ("National"), and CITY OF EDINA, a Minnesota municipal corporation ("City"); WI TNESSETH THAT: WHEREAS, National is the present fee owner of certain real property ( "National property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described as Lot 2, Block 1 , Edina Office Center, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota; and WHEREAS, the Northwestern Mutual Life Insurance Company ( "Northwestern "), City, Edina Office Center Joint Venture ( "EDE "), City and National entered into a document entitled "Agreement (Conditions to Zoning Variance)" dated September 21, 1979, a copy of which Agreement is on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1353917 ("Agreement"); and WHEREAS, The Agreement stated that the condition thereof could be released by the sole act of the City; and WHEREAS, the Agreement provides, among.other things, that all buildings or structures now or hereafter located on the'National Property shall not exceed 304,000 square feet of gross floor area; and WHEREAS, National has petitioned the City to remove the restriction as to maximum gross floor area on buildings or structures to be constructed on the National Property; and WHEREAS, The City did, on August 15, 1983, by Council Resolution approve the petition of National because strict enforcement of such condition is no longer necessary and continued enforcement of the condition would, in this case, -1- cause undue hardship, and the removal of such restriction has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances and the Agreement. As part of the same action, and in consideration of the release of such condition, the City did impose a new condition on the National Property relating to floor area ratios as hereafter set forth. NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained the parties hereto hereby agree as follows: 1. The City hereby confirms that it did, as above stated, and by formal City action, release the condition set forth in the Agreement which limited the gross floor area of any building or structure on the National Property. Said release was conditioned upon National agreeing, and National hereby agrees, that the gross floor area of all buildings or structures now or hereafter located on the National Property shall not exceed 0.5 times the lot area of the National Property, as lot area is defined by the Ordinances of the City in effect as of the date hereof. Measurement of building size shall be in accordance with Paragraph 2 of the Agreement. 2. National hereby agrees to the conditions imposed upon the National Property as set forth in paragraph 1 hereof. 3. This Agreement shall be filed for record in the office of the Registrar of Titles, Hennepin County, Minnesota, at the cost and expense of National, and upon such recording it shall be deemed to be a release of conditions set forth in the Agreement limiting the gross floor area of any building or structure on the National Property. 4. Paragraph No. 3 of the Agreement contemplated that the owners from time to time of the National Property, and other lots described in the Agreement could transfer certain unused allocations. At the request of City, and in consideration of the mutual agreements herein contained, National agrees that from and after the date hereof, the provision of paragraph 3 of the Agreement shall be modified as they effect the National Property, so that the owners of the National Property shall have no right to transfer, or receive a transfer, of any unused allocations to or from the other lots described in the Agreement. -2- 5. Except as herein expressly set forth the Agreement shall be and remain in full force and effect without amendment or modification thereto, and the provision of the Agreement except as herein expressly set forth, shall apply to the National Property. NATIONAL CAR R STEM, INC. By: W. ompson Corpora a Vice President - Finance a nd• orson Assistant Secretary CIT By: An c STATE OF MINNESOTA ) )ss: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 12th day of September *w_wj&tn 1983, by W. B. Thompson and J. H. Halldorson, respectively, of National Car Rental System, Inc., a Nevada corporation, on behalf of said corporation. SOSAN KEMPER NOTARY PUBLIC - MINNESOTA STATE OF MINNESOTA ) My CommiHENNEPIN COUNTY sT )SS: COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /67q, day Of U- f- 1983, by C. W h, (ou, t,, c 61 and Ke, 1 10 rya , the Mayot and City Manager, respectively, of t e i ty of ina, a Minnesota municipal corporation, on behalf of said corporation. Notary Public MARCELLA M. DAEHN NOTARY IDUSLIC — MIW4MTA THIS INSTRUMENT WAS DRAFTED BY: _ HENNEPIN COUNTY William C. Zu cco C~i..;en tE ■p►.. Aw.:1. 1"Q Attorney at Law 7700 France Avenue South Edina, MN 55435 -3- 13 CITY OF EDI NA J 4801 WEST 50TH STREET, EDINA, MINNESOTA 55424 612 - 927 -8861 RR.g0T.TTTT0M BE IT RESOLVED by the Edina City Council that the Mayor and the City Manager are hereby authorized and directed to execute and deliver an Agreement to remove the gross floor area restriction for Lot 2, Block 1, Edina Office Center, imposed by a document entitled "Agreement (Conditions to Zoning Variance)" dated September 21, 1979, and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1353917, and BE IT FURTHER RESOLVED that in consideration of the release of such restriction that the gross floor area of all buildings or structures now or hereafter located on said Lot 2 shall not exceed 0.5 times the lot area as defined by the City ordinances now in effect. ADOPTED THIS 15TH DAY OF August, 1983. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of August 15, 1983, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 29th day of August, 1983. —/11/77 - O City Clerk 1535884 ` REGISTERED VOL 1-921" PAGE r.- 'Y Kc.1" r'N to W m %Ary\ -?- NCCO Prof frta S OcenAme-fv t N -9t %O N q i C A r K f tv't"A. I S - �,7tt fT\, ZIV C 11 OO Fr A rj CE p tv C S �1NWA J-c, n1N SS�I SS N N ppp- Z /Z9 AGREEMENT THIS AGREEMENT, made and entered into this 1/ -- day of Mmc-k , 1983 between and among THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation ( "Northwestern "), and CITY OF EDINA, aiinnesota municipal corporation ( "City "); WITNESSETH THAT: WHEREAS, Northwestern is the present fee owner of certain real property ( "Northwestern Property ") located in the City of Edina, County of Hennepin, State of Minnesota, legally described as Lot 3, Block 1, Edina Office Center, according to the recorded plat thereof on file in the office of the Registrar of Titles, Hennepin County, Minnesota; and WHEREAS, Northwestern, City and National Car Rental System, Inc., a Nevada corporation (" National") entered into a document entitled "Agreement (Conditions to Zoning Variance)" dated F -,ptember 21, 1979, a copy of which Agreement is on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, as Document No. 1353917 ( "Agreement "); and WHEREAS, the Agreement stated that the conditions thereof could be released by the sole act of the City; and WHEREAS, the Agreement provides, among other things, that all buildings or structures now or hereafter located on the Northwestern Property shall not exceed 15,000 square feet of gross floor area; and WHEREAS, Northwestern has petitioned the City to remove the restriction as to maximum gross floor area on buildings or structures to be constructed on the Northwestern Property; and WHEREAS, the City did, on March 7, 1983, by Council resolution approve the petition of Northwestern because strict enforcement of such condition is no longer necessary and continued enforcement of the condition would, in this case, cause undue hardship, and the removal of such restriction has been determined by the City to be in keeping with the spirit and intent of the applicable ordinances and the Agreement. As a part of the same action,and in consideration of the release of such condition, the City did impose a new condition on the Northwestern Property relating to floor area ratios as hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained the parties hereto hereby agree as follows: 1. The City hereby confirms that it did, as above stated, and by formal City action, release the condition set forth in the Agreement which limited the gross floor area of any building or structure on the Northwestern Property. Said release was conditioned upon Northwestern agreeing, and Northwestern hereby agrees, that the gross floor area of all buildings or structures now or hereafter located on the Northwestern Property shall not exceed 0.5 times the lot area IWz of the Northwestern Property, as lot area is defined by the ordinances of the City in effect as of the date hereof. Measurement of building size shall be in accordance with paragraph 2 of the Agreement. 2. Northwestern hereby agrees to the conditions imposed upon the Northwestern Property as set forth in paragraph 1 hereof. 3. This Agreement shall be filed for record in the office of the Registrar of Titles, Hennepin County, Minnesota, at the cost and expense of Northwestern, and upon such recording it shall be deemed to be a release of the condition set forth in the Agreement limiting the gross floor area of any building or structure on the Northwestern Property. 4. Paragraph numbered 3 of the Agreement contemplated that -the owners from time to time of the Northwestern Property and other lots described in the Agreement could transfer certain unused allocations. At the request of City, and in consideration of the mutual agreements herein contained, Northwestern agrees that from and after the date hereof, the provisions of paragraph 3 of the Agreement shall be modified as they effect the Northwestern Property, so that the owner of the Northwestern Property shall have no right to transfer, or receive a transfer, of any unused allocations to or from the other lots described in the Agreement. TRANSFER ENTERED DEPARTMENT OF PROPERTY TAXATION -3- MAY 4 =EPUTY N. BY a . 5. Except as herein expressly set forth the Agreement shall be and remain in full force and effect without amendment or modification thereto, and the provisions of the Agreement, except as herein expressly set forth, shall apply to the Northwestern Property. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY By t ice President n W. Buzzard Its Assistant err CITY OF EDINA, 1414 By . I s Mayor And t City Manager STATE OF WISCONSIN) ) ss . COUNTY OF MILWAUKEE) tarv, Patrick W. Lavin ESOTA The foregoLig instrument was acknowledged before me this 17th day of March , 1983, by Glenn W. Buzzard and Patrick W_ Lavin ► the Vice President and Assistant seeretarWspectively, of The Northwestern Mutual Life ' -Insurance Company, a Wisconsin corporation, on behalf of said o poration. s�a0o�b.vaeone�oaoe e�:e0,eiort0�►oseorO�sOa� ;o NOTARY PUBLIC SEAL � E -RNICE BUSE NOTARY PUBLIC STATE OF WISCONSIN 7leODeOatUergcpupuepacp� eOxeOoap�ao:�0a �co� Notary Public - Bernice Buse Milwaukee County, Wisconsin My Commission Expires: February 5, 1984. -4- I STATE OF MINNESOTA) ) ss. COUNTY OF11eAW2f11J ) 91-A The foreqQing instrument was ack ow edged ,before me this ay of h , 1983, by ?,Mwerm tN and 05 the Mayor and City Manager, respectiv ly, of the City of Edina, a Minnesota municipal corporation, on behalf of said corporation. Z--? � _ CRAIG L. LAfC,'N x. I 4 NOTARY PUBLIC - MINNESOTA '•s� HENNEPIN COUNly �1.. My Commission Expires Sept. 15, 1984 THIS INSTRUMENT WAS DRAFTED BY: DORSEY & WHITNEY (RJS) 2200 First Bank Place East Minneapolis, Minnesota 55402 -5- 1: • RE%ISTFRED VOL _PAGE_ 2/ 2 9 �O OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON MAY 91993 REGISTRAR OF TITLES BY DEPUTY