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A.
AGREEMENT
THIS AGREEMENT, made and entered into this 25th day of
Octo'ser; 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 ProjWrty "
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 4071 and
IIHXREAS,. the Hoard of Appeals and Adjustments granted_an_
May 18, 1978 the setback variance and a temporary 46 -stall
parking variances 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
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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 Hoard of Appeals and Adjustments on May 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 ortion
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 maximum of 46, which are required to
be built. Northland shall withil 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 oopy of such plan shall accospany
the notification from Northland to the City.
1. Northland shall construct such additional parking
stalls within ninety (90) days after written notice from Nerrthland
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to the City unless Northland elects to proceed tinder a new
park!.ng plan, in which case such additional stalls shall be
ctxpleted within ninety (90) days after the approval of the
now 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 successozs and assigns.
IN MITWM MHERzor, the parties hereto have executed this
agswwent the day and year first above written.
THE NORTHLAND COMPANY
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Of THE NORTHLAND COMPANY, a Minnesota
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.-'62txumt Mss acknowledged before me this
0.1e_` !ter eateAWA OClA and
y 360 toot of Lot 3, clock I, southdals Acres,
plat tboroot on Me or of record in the office
o! �ztles in and for said County.
d by.judidial landmarks -as shown on plat of
s -
4, Clilos4a's 4utlots described as beginning
00'P.Mv.of Said Lot 41 thence Xorth along
acid LOt 4 i distance of 333 toot; thence
tb Aiqs "ot said Lot 4 a distance of
oitil with the West line of said
t to the doutb line of said Lot 11
a point R� °�wi�i�g.