HomeMy WebLinkAbout2160x. Z La
AGREEMENT
(Conditions to Setback, Floor Area Ratios,
and Lot Coverage Variances)
THIS AGREEMENT, made and entered into this ��
day of 1980, by and between RYAN CONSTRUCTION
COMPANY OF MINNESOTA, INC., a Minnesota corporation ( "Owner")
with the CITY OF EDINA, a Minnesota municipal corporation
( "City");
WHEREAS, Owner is the fee owner of Lot 1, Block 1,
Lot 1, Block 2, Lot 1, Block 3, Lot 1, Block 4, Lot 1, Block
5, Lot 1, Block 6, all in One Corporate Center Phase 5, accor-
ding to the recorded plat thereof, Hennepin County, Minnesota
(the "Lots "), and also the fee owner of Outlot A of said plat
(the "Property "), all located in the City of Edina, County of
Hennepin, State of Minnesota; and
WHEREAS, the Lots and Property are presently un-
developed land; and
WHEREAS, Owner proposes to construct upon the Lots
a six building office complex with parking on the Property
to be used in connection with said buildings (all being herein-
after called the "Improvements "); and
WHEREAS, Owner has proposed that the Improvements
be built as a townhouse type subdivision with each office
building situated upon a separate Lot and all parking areas,
walkways, and amenities to be located upon the Property, which
Property would be owned and maintained jointly by the owners
of the six buildings through their association; and
WHEREAS, Owner has submitted to the City a set of
architectural plans and specifications for the Improvements,
which plans and specifications are entitled "One Corporate
Center Phase 5, Metro Boulevard, Edina, Minnesota ", were
prepared by Owner, are dated December 4, 1980, and are on
file with the City (the "Plans and Specifications "), and
which Plans and Specifications set forth the exterior archi-
tecture and design, location, and construction specifications
the Improvements; and
WHEREAS, City does not presently have a "Planned
Office District" ordinance pursuant to which floor area
ratios, lot coverages, and setbacks for each of the six
Lots would otherwise be determined; and
WHEREAS, Owner has requested of the City variances
for floor area ratio, lot coverage, and setbacks for each of
the six lots; and
WHEREAS, City did on October 16, 1980, in Case No.
B -80 -53 (the "Variance Grant "), grant the requested variances
for floor area ratio, lot coverage, and setbacks because the
strict enforcement of the City ordinance would, in this case,
cause undue hardship because of circumstances unique to the
property, and the grant of such variances has been determined
by the City to be in keeping with the spirit and intent of
the applicable ordinances, but subject to the execution, de-
livery, and recording of this Agreement, and only upon the
conditions hereinafter set out in this Agreement, which the
City deems necessary to impose to ensure compliance with the
applicable City ordinances and to protect adjacent properties;
and
WHEREAS, Owner is agreeable to the granting of the
variances subject to the conditions hereinafter set out, and
is willing, and represents that it has the power and authority,
- to enter into this Agreement.
NOW, THEREFORE, in consideration of the granting by
the City of the above requested variances, and of the mutual
covenants and agreements 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 variances from its applicable ordinances whereby
the floor area ratios, lot coverage, and setbacks for the
Improvements shall be as designated in the Variance Grant,
subject, however, to the following terms and conditions of
this Agreement.
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2. Each of the aforesaid six Lots, and each of
the separate Buildings thereon, shall be released and'dis-
charged from the terms and conditions hereof upon issuance
by the City of a final Certificate of Occupancy for the
whole of the separate Building. Those Lots and Buildings
for which no such Certificate of Occupancy has been issued
(the "Remaining Subject Lots ") shall continue to be bound
to and by the terms and conditions hereof.
3. The variances grant by the City are conditioned
on the following requirements:
A. That all Improvements shall be built and com-
pleted by Owner, its successors or assigns,
in accord with said Plans and Specifications.
B. If any Building is not constructed in accord
with the Plans and Specifications, and if
said Certificate o.f Occupancy has not then been
issued for such Building, then the City Manager
and the City Planner may give written notice -
of such fact to Owner and to mortgagees of
record holding a first lien ( "mortgagee ") upon
the Lot upon which the Building is situated.
Owner, within thirty (30) days after such
notice is given, shall give written notice
to City as to whether or not it will renovate
or reconstruct the exterior design and archi-
tecture of the Building to bring it into con-
formity with said Plans and Specifications.
C. Owner shall commence such renovation or con-
struction within ninety (90) days after said
notice is given by the City Manager and the
City Planner, unless within said 90 -day period,
Owner elects to submit a new or revised plan
for exterior architecture and design, in which
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case renovation or reconstruction shall com-
mence within ninety (90) days after approval
or rejection by the City of the proposed new
or revised plan. If the proposed new or revised
plan is rejected by City, renovation or recon-
struction shall be completed pursuant to the
Plans and Specifications. The 90 -day period
of commencement of construction above provided
shall be subject to extension by reason of de-
lays due to weather, labor disputes, material
shortages or unavailability of materials, un-
avoidable casualty, acts of God, or other causes
beyond the reasonable control of Owner, in which
case the 90-day period shall be extended by a
period of time equal to any such delays; pro-
vided, that no extension shall be given for any
such delay unless written notice of such delay
is given to the City within ten (10) days after
the commencement of the delay. Once commenced,
the construction shall be completed with all
due diligence as soon as possible thereafter.
The City shall be the sole judge of whether
Owner is using due diligence in completing such
construction.
4. In the event that Owner fails or refuses to
comply with all of the obligations of Owner under this Agree-
ment, the City shall.send Owner and mortgagee written notice
of Owner's failure or refusal. If such failure or refusal
continues for a period of thirty (30) days after notice there-
of is given to Owner and mortgagee, mortgagee may, but shall
not be obligated to, perform Owner's obligations hereunder.
MEM
The City agrees to accept such performance by mortgagee as
performance by Owner, provided that mortgagee complies with
the following requirements:
A. Mortgagee shall (i) either begin renovation
or construction which Owner was to have under-
taken pursuant hereto, or begin efforts to ac-
quire possession of the pertinent Lot or Lots
by commencing a court action or a mortgage
foreclosure by advertisement within ninety
(90) days of the date mortgagee received such
notice; and (ii) if mortgagee decides to ac-
quire possession of the pertinent Lot or Lots,
commence renovation or construction by the
earlier of the following dates: (1) the date
which is sixty (60) days after the date when
mortgagee acquires possession of the pertinent
Lot or Lots; or (2) the date which is eighteen
(18) months after the date when mortgagee re-
ceived notice from the City of Owner's failure
or refusal.
B. Once begun, mortgagee shall complete renovation
or construction with all due diligence. The
City shall be the sole judge of whether mort-
gagee is using due diligence in completing such
renovation or construction. The City agrees
not to exercise any of the remedies available
to it. for Owner's failure or refusal unless
and until mortgagee fails to comply with all of
the requirements for mortgagee's undertaking
in this paragraph 3.
�. If Owner fails to commence any renovation or
construction pursuant to Subparagraph 3C hereof, and if mortgagee
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satisfies the requirement of Subparagraph 4A(i) hereof, then
the City agrees to permit mortgagee to submit a new exterior
architectural design pursuant to Subparagraph 3C for review
and approval by the City, and if approved by the City, the
renovation or construction may take place pursuant to such
new or revised plans; provided, however, that the submission
of such plan or plans shall in no event postpone the date by
which mortgagee shall commence renovation or construction
pursuant to Subparagraph 4A(ii) hereof.
6. If Owner fails or refuses to comply with all
of the obligations and requirements of Owner in Paragraphs
3 and 4 hereof, and if mortgagee fails to comply with all
of the requirements set forth in Paragraph 4 hereof for
mortgagee's undertaking, then in addition to any other remedies
available to the City at law or in equity, the City shall have
the right to:
A. Revoke as to the Remaining Subject Lots any
of the variances described in this Agreement,
in which case Owner shall immediately renovate
or reconstruct such Remaining Subject Lots and
the Improvements thereon, in full compliance
with the Plans and Specifications and then ap-
plicable ordinances, and without variance (ex-
cept those variances not revoked by the City);
B. Enter upon the Remaining Subject Lots with
such men, equipment and materials as the City
deems necessary for the purposes of performing
the obligations of Owner hereunder which Owner
and mortgagee have failed or refused to perform,
or, at the City's discretion, of constructing
all or any of the Improvements upon the Remaining
Subject Lots in full compliance with the Plans
and Specifications and then applicable ordinances
and without variance (except those variances not
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revoked by City), whether or not then re-
quired hereunder to be constructed, without
liability or obligation of any kind to any
owner or occupant of any of the Remaining
Subject Lots for trespass or damage to the
Property, the Improvements, or other property
or improvements thereon;
C. Obtain enforcement of this Agreement as to
the Remaining Subject Lots against Owner by
court order for mandatory injunction or other
appropriate relief; and
D. Withhold and deny, as to the Remaining Subject
Lots, any building permits, certificates of
occupancy, utility connection permits and any
other permits and approvals then or thereafter
to be granted, issued or given by the City,
for construction upon or occupancy of the Re-
maining Subject Lots, until such failure or
refusal ends and the obligations of Owner are
fully complied with.
All of the foregoing remedies shall be usable and
enforceable by the City separately or concurrently as the
City shall determine, and the use of one remedy shall not waive
or preclude the use of one or more of the remedies. Also,
the failure to exercise, or delay in exercising, any remedy
hereunder in the event of a failure or refusal by Owner shall
not preclude the City from thereafter exercising any of its
remedies for the same or a subsequent failure or refusal.
Owner agrees to pay to the City any and all costs and expenses
incurred by City "in enforcing this Agreement by use of the
remedies set out above or by other remedy or means available
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to City at law or in equity, including attorneys' fees,
whether suit be brought or not, and with interest on all
such costs and expenses at ten percent (10 %) per annum from
the dates incurred by City until paid, and Owner also agrees
to pay all costs of collection of such costs and expenses,
with interest thereon, again including attorneys' fees and
whether suit be brought or not, with interest at ten percent
(10 %) per annum on such costs of collection from the dates
incurred until paid.
7. If any term, condition, or provision of this
Agreement, or the application thereof to any person or cir-
cumstance, shall, to any extent, be held to be invalid or
unenforceable, the remainder hereof and the application of
such term, provision, and condition to persons or circumstances
other than those as to whom it shall be held to be invalid
or unenforceable shall not be affected thereby, and this
Agreement, and all the terms, provisions, and conditions
hereof, shall, in all other respects, continue to be effective
and to be complied with to the full extent permitted by law.
8. All notices, reports, or demands required or
permitted to be given under this Agreement shall be in
writing and shall be deemed to be given when delivered per-
sonally to any officer of the party to which notice is being
given, or when deposited in the United States mail in a
sealed envelope, with registered or certified mail, postage
prepaid thereon, addressed to the parties at the following
addresses:
To City: City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Attn: City Manager
To Owner: Ryan Construction Company of
Minnesota, Inc.
One Corporate Center
7401 Metro Boulevard, Suite 500
Edina, Minnesota 55435
-8-
To first lien mortgagees
of record:
To their address shown of
record, to their Minnesota
address, or to the address
given to the City, as selected
by the City.
The address of City and Owner may be changed by either party
upon notice to the other party given as herein provided.
9. The terms and provisions hereof shall be binding
upon and inure to the benefit of the parties hereto and their
respective successors and assigns, and shall run with the title
to the Lots but shall be binding upon the owners from time
to time of the Lots only during the period of their owner-
ship. References herein to Owner shall mean and include all
parties designated herein as Owner and their liability here-
under shall be joint and several, and if there be at any future
time more than one owner of a Lot or Lots, all of such then
owners, while they are such owners, shall be jointly and severally
liable for all obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
this instrument to be duly executed the day and year first
above written.
RY
M
By
An
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
The foregoing instrument was cknowledged before me
this 'day of 1980, by
and Gl�•S�Ra�/h„�e,,,, the %� and
res ectivel
p y, of RYAN CONSTRUCTION COMPANY OF MINNESOTA,' NC.,
a Minnesota corporation, on behalf of the corporation.
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
JOLENE WITHOELTER
NOTARY FULLIC - ""INNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 20, 1981
,��' The foregoing instrument was acknowledg d before me
this day of �, �,p�j,5v , 1980, by �i� P, l�
and ,p�ne14 P, a , Mayor and Manager, respectively', of
the CITY OF EDINA, a Minnesota municipal corporation, on behalf
of the City.
AY*c
CRAIG L. LARSEN
NOTARY PUBLIC - MINNESOTA
HcPJNEP"IN COUNTY
IM , .. My CommMicn Expires Sept. 15, 1984
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windhorst, Hannaford, Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
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21443
AGREEMENT
(Conditions to Parking Variance)
THIS AGREEMENT, made and entered into thisvZ$Y Zt
day of 1980, by and between RYAN CONSTRUCTION
COMPANY OF MINNESOTA, INC., a Minnesota corporation ( "Owner ")
with the CITY OF EDINA, a Minnesota municipal corporation
WHEREAS, Owner is the fee owner of Lot 1, Block 1,
Lot 1, Block 2, Lot 1, Block 3, Lot 1, Block 4, Lot 1, Block
5, Lot 1, Block 6, all in One Corporate Center Phase 5, accor-
ding to the recorded plat thereof, Hennepin County, Minnesota
(the "Lots "), and also the fee owner of Outlot A of said plat
(the "Property "), all located in the City of Edina, County of
Hennepin, State of Minnesota; and
WHEREAS, the Lots and Property are presently un-
developed land; and
WHEREAS, Owner proposes to construct upon the Lots
a six building office complex with parking on the Property
to be used in connection with said buildings (all being herein-
after called the "Improvements "); and
WHEREAS, Owner has proposed that the Improvements
be built as a townhouse type subdivision with each office
building situated upon a separate Lot and all parking areas,
walkways, and amenities to be located upon the Property, which
Property would be owned and maintained jointly by the owners
of the six buildings through their association; and
WHEREAS, Owner has submitted to the City a parking
plan ( "Plan ") which Plan is on file with the City Planner
of the City, is labeled "One Corporate Center Phase 5,
Edina, Minnesota, Proof of Parking Plan ", were prepared by
Owner, is dated October 16, 1980, and signed by the City, and
which Plan provides for three hundred twenty -nine (329) parking
spaces upon the Property, and otherwise meets the requirements
of the applicable City ordinances relative to parking or motor
vehicles; and
1�
WHEREAS, Owner has requested a variance for
parking; and
WHEREAS, City did on October 16, 1980, in Case
No. B -80 -53 (the "Variance Grant"),-grant the requested
variance for parking because the strict enforcement of the
City ordinances would, in this case, cause undue hardship
because of circumstances unique to the property, and the
grant of such parking 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 ensure
compliance with the applicable City ordinances and to
protect adjacent properties; and
WHEREAS, Owner is agreeable to the granting of
the parking variance subject to the conditions hereinafter
set out, and is willing, and represents that it has the
power and authority, to enter into this Agreement.
NOW THEREFORE, in consideration of the granting
by the City of the above requested parking variance, and
of the mutual covenants and agreements 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 the parking variance from its
applicable ordinances whereby there need not now be
constructed on the Property thirty -seven (37) parking
spaces which are otherwise required by City ordinances,
and whereby if the additional parking is hereafter
constructed pursuant to the Plan, the removal of certain
additional landscaping will occur as shown upon the Plan.
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2. That the parking variance granted by the City
is conditioned upon the following requirements:
A. That if the City Manager and the City
Planner, in their sole discretion, shall
hereafter determine that additional parking
spaces are required on the Property, then
Owner shall, at its sole cost and expense,
construct such additional parking spaces as
the City Planner and City Manager shall then
require, up to the maximum of parking spaces
shown on the Plan. The City Planner and the
City Manager need not require that all of
the additional parking spaces be constructed
at any one time, but may require additional
parking spaces to be constructed from time
to time as they deem them necessary, until
the maximum number of parking spaces as
shown on the Plan have been constructed.
The additional parking spaces from time to
time required by the City Manager and the
City Planner shall be built in full
compliance with the Plan and the then
applicable City ordinances except as such
ordinances have been varied by the Variance
Grant in regard to parking setbacks which
shall be as indicated on the Plan; provided,
however, that Owner may prepare and present
to the City a new or revised parking plan
for review and approval by the City, and if
approved by the City, such additional
parking spaces may then be constructed
-3-
pursuant to said new or revised parking
plan, as approved, and subject to the then
applicable ordinances of the City, except as
such ordinances may then be waived by
variances, if any, then granted.
B. The City Manager and the City Planner shall
give written notice to Owner and to
mortgagees of record holding a first lien on
all or any part of the Property of their
determination that additional parking spaces
are then required, setting forth in said
notice the number of spaces then required to
be constructed, up to the maximum shown in
said Plan. Owner, within thirty (30) days
after such notice is given, shall give
written notice to the City as to whether or
not it will construct such additional
parking spaces pursuant to the Plan or will
submit a new or revised plan as above
allowed. In the event a new or revised plan
is to be submitted, it shall accompany the
notice given to the City. If no notice is
given to the City within said 30 -day period,
Owner shall be deemed to have agreed to
construct such additional parking spaces
pursuant to the Plan.
C. Owner shall commence construction of such
additional parking spaces as are then
required by the City Manager and the City
Planner within ninety (90) days after said
notice is given by the City Planner and the
City Manager unless Owner elects to submit a
-a-
new or revised parking plan, in which case
such construction shall commence within
ninety (90) days after approval or rejection
by the City of the proposed new or revised
plan. If the new or revised plan is
rejected by the City, such additional
parking spaces shall be constructed pursuant
to the Plan. The ninety (90) day
construction period above provided shall be
subject to extension by reason of delays due
to weather, labor disputes, material
shortages or unavailability of material,
unavoidable casualty, acts of God, or other
causes beyond the reasonable control of
Owner, in which case the 90 -day period shall
be extended by a period of time equal to any
such delays; provided that no extension
shall be given for any such delay unless
written notice of such delay is given to the
City within ten (10) days after the
commencement of the delay. Once commenced,
the construction shall be completed with all
due diligence as soon as possible
thereafter. The City shall be the sole
judge of whether Owner is using due
diligence is completing such construction.
3. In the event that Owner fails or refuses to
comply with all of the obligations of Owner under this
Agreement, the City shall send Owner and all mortgagees of
record holding a first lien on all or any part of the
Property ( "mortgagee ") written notice of Owner's failure
or refusal. If such failure or refusal continues for a
-5-
period of thirty (30) days after notice thereof is given
to Owner and mortgagee, mortgagee may, but shall not be
obligated to, perform Owner's obligations hereunder. The
City agees to accept such performance by mortgagee as
performance by Owner, provided that mortgagee complies
with the following requirements:
A. Mortgagee shall (i) either begin
construction which Owner was to have -
undertaken pursuant hereto, or begin 'efforts
to acquire possession of the Property by
commencing a court action or a mortgage
foreclosure by advertisement within ninety
(90) days of the date mortgagee received
such notice; and ( ,ii) if mortgagee decides
to acquire possession of the Property,
commence construction by the earlier of the
following dates: (1) the date which is
sixty (60) days after the date when
mortgagee acquires possession of the
Property; or (2) the date which is eighteen
(18) months after the date when mortgagee
received notice from the City of Owner's
failure or refusal.
B. Once begun, mortgagee shall complete
construction with all due diligence. The
City shall be the sole judge of whether
mortgagee is using due diligence in
completing such construction. The City
agrees not to exercise any of the remedies
available to it for Owner's failure or
refusal unless and until mortgagee fails to
comply with all of the requirements for
mortgagee's undertaking in this Paragraph 3.
4. If Owner fails to commence any construction
pursuant to Subparagraph 2C hereof, and if mortgagee
satisfies the requirement of Subparagraph 3A(i) hereof,
then the City agrees to permit mortgagee to submit a new
or revised parking plan pursuant to Subparagraph 2C for
review and approval by the City, and if approved by the
City, the construction may take place pursuant to such new
or revised plan; provided, however, that the submission of
such plan shall in no event postpone the date by which
mortgagee shall commence construction pursuant to
Subparagraph 3A(ii) hereof.
5. If Owner fails or refuses to comply with all
of the obligations and requirements of Owner in Paragraphs
2 and 3 hereof, and if mortgagee fails to comply with all
of the requirements set forth in Paragraph 3 hereof for
mortgagee's undertaking, then in addition to any other
remedies available to the City at law or in equity, the
City shall have the right to:
A. Revoke the parking variance described in
this Agreement, in which case Owner shall
immediately renovate or reconstruct all
parking spaces pursuant to the Plan and
without variance (except those not revoked
by,City), in full compliance with the Plan
and the then applicable ordinances of the
City;
B. Enter upon the Property with such men,
equipment and materials as the City deems
necessary for the purposes of performing the
obligations of Owner hereunder which Owner
and mortgagee have failed or refused to
perform, or, at the City's discretion, of
constructing all parking spaces in full .
compliance with the Plan and ordinances and
without parking variance (except those not
revoked by City), whether or not then
required hereunder to be constructed,
without liability or obligation of any kind
to any owner or occupant of the Property for
trespass or damage to the Property, the
Improvements, or other property or.
improvements thereon;
C. Obtain enforcement of this Agreement against
Owner by court order for mandatory
injunction or other appropriate relief; and
D. Withhold and deny, any building-permits,
certificates of occupancy, utility connec-
tion permits and any other permits and ap-
provals then or thereafter to be granted,
issued or given by the City, for the con-
struction or occupancy of any or all of the
Improvements, until such failure or refusal
ends and the obligations hereunder of Owner
are fully complied with.
All of the foregoing remedies shall be usable and
enforceable by the City separately or concurrently as the
City shall determine, and the use of one remedy shall not
waive or preclude the use of one or more of the remedies.
Also, the failure to exercise, or delay in exercising, any
remedy hereunder in the event of a failure or refusal by
Owner shall not preclude the City from thereafter
exercising any of its remedies for the same or a
subsequent failure or refusal. Owner agrees to pay to the
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V
City any and all costs and expenses incurred by City in
enforcing this Agreement by use of the remedies set out
-above or by other remedy or means available to City at law
or in equity, including attorneys' fees, whether suit be
brought or not, and with interest on all such costs and
expenses at ten percent (10 %) per annum from the dates
incurred by City until paid, and Owner also agrees to pay
all costs of collection of such costs and expenses, with
interest thereon, again including attorneys' fees and
whether suit be brought or not, with interest at ten
percent (10 %) per annum on such costs of collection from
the dates incurred until paid.
6. If any term, condition, or provision of this
Agreement, or the application thereof to any person or
circumstance, shall, to any extent, be held to be invalid
or unenforceable, the remainder hereof and the application
of such term, provision, and condition to persons or
circumstances other than those as to whom it shall be held
invalid or not enforceable shall not be affected thereby,
and this Agreement, and all the terms, provisions, and
conditions hereof, shall, in all other respects, continue
to be effective and to be complied with to the full extent
permitted by law.
7. All.notices, reports, or demands required or
permitted to be given under this Agreement shall be in
writing and shall be deemed to be given when delivered
personally to any officer of the party to which notice is
being given, or when deposited in the United States mail
in a sealed envelope, with registered or certified mail,
postage prepaid thereon, addressed to the parties at the
following addresses:
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To City: City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Owner: Ryan Construction Company of
Minnesota, Inc.
One Corporate Center
7401 Metro Boulevard, Suite 500
Edina, Minnesota 55435
To first lien
mortgagees of
record: To their address shown of
record, to their Minnesota
address, or to the address
given to the City,.as selected
by the City.
The address of City and Owner may be changed by either
party upon notice to the other party given as herein
provided.
8. The terms and provisions hereof shall be
binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns, and
shall run with the title to the Lots and the Property but
shall be binding upon the owners from time to time of the
Lots and the Property only during the period of their owner-
ship. References herein to Owner shall mean and include all
parties designated herein as Owner and their liability here-
under shall be joint and several, and if there be at any future
time more than one owner of the Property, all of such then
owners, while they are such owners, shall be jointly and
severally liable for all obligations under this Agreement.
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P a 04
IN WITNESS WHEREOF, the parties hereto have
caused this instrument to be duly executed the day and
year first above written.
RYAN C STRU TION COMP
MI SOTA, INC.
B
Lts
J
And ✓��-�
its--
CITY OF EDINA
.. _, ..
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was ac wledged before
me this day of QQ'6,y,,,A-, , 1980 by
and (A4,,., ,S,�a/Z,,,,w.._,, the
and , respectively, of RYAN CONSTRUCTION
COMPANY OF MINK S-&TA, INC., a Minnesota corporation, on
behalf of the corporation.
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
Notary Public
pp,A,AAAAIW'
JOLENE WITHOELTER
NOTARY PUBLIC •MINNESOTA
HENNEPIN COUNTY
MY Commission Ex -- Jan. 20, 1981
X
The foregoing instrument was acknowledged before
me this il" day of d , 1980 by ,Tidl'j�yoq U i%�LK lba�i
and Mayor and Manager, respectively of 1
the CITY OF EDINA, a Minnesota municipal corporation, on
behalf of the city.
THIS INSTRUMENT WAS DRAFTED BY
Dorsey, Windhorst, Hannaford,
Whitney & Halladay
2300 First National Bank Bldg.
Minneapolis, Minnesota 55402
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CRAIG L. LARSEN
f1�t•'� NOTARY PUBLIC - MINNESOTA
HENNEPIPJ COUNTY
My Commission Expires Sept. 15, 1984
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4515750
OFFICE OF CCUN -1'
N£NNEPIN CO4'!i Y. M!aN 0 7:
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Duplicate
Filing
Certificate
TRANSFER ENT FRED
DWARTMENT OF PROPER iY TAXATION
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A/% V // , 1981
City of Edina
4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
Re: Lot 1, Block 6, One Corporate Center Phase 5,
according to the recorded plat thereof.
Gentlemen:
This letter is to inform you, pursuant to Paragraph 8 of
that certain Agreement (Conditions to Setback, Floor Area Ratios, and
Lot Coverage Variances), of record in the office of the County Recorder
in and for Hennepin County, Minnesota, as Document No. 4615751, that
FBS Mortgage Corporation ( "FBSMC ") is the owner and holder of a first
lien mortgage, of record in said office as Document No. 4681054,
upon the above - described property, and that the address to which
notices to FBSMC should be sent pursuant to said Agreement is:
FBS Mortgage Corporation
Suite 900
730 Second Avenue South
Minneapolis, Minnesota 55402
Attention: Mr. Michael J. Seeland
Very truly yours,
FBS MORTGAGE CORPORATION
By
Its
cc: James R. Ryan
Bruce W. Burton
Robert A. Heiberg
Thomas S. Erickson
CERTIFIED MAIL - RETURN
RECEIPT REQUESTED