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HomeMy WebLinkAbout2170THIS AGREEMENT made this day of S�r1981, among Trucena Minnesota Partners, Inc., a Minnesota. corporation (hereinafter "Owner "), Wyoming Outfitters, Inc., a Wyoming corporation (hereinafter "Wyoming ") and the City. of Edina (here- inafter "City "); WITNESSETH: WHEREAS, Owner is the record owner of the following de- scribed property (the "Site "): All that part of Tract "F" Registered Land Survey #629, files of the Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn pdrallel with and 140 feet South of, as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its westerly extension and lying Northerly of a line drawn parallel with and 2.20 feet North of the South nine of said Tract "F" as measured at right angles to said South line. Subject to easements and restrictions e of record. rd. All that part of Tract F, Registered Land Survey No. 629, files of the Registrar of Titles, County of Hennepin, Minnesota, lying Southerly of a line drawn parallel with and 40 feet south of as measured at right angles to the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its Westerly extension and lying Northerly of a line drawn parallel with and 140 feet South of as measured at right angles to said South line of vacated West 68th Street and its Westerly extension, exc e p t the Westerly 270 feet thereof. Subject to easements and restrictions of record; and WHEREAS, Wyoming, as lessee of the Site, and with Owner's approval, filed•a petition with the Edina Board of Appeals and Adjustments on August 17, 1981, requesting a variance to City Sign Ordinance No. 451 in order to erect a free standing sign upon the Site; and WHEREAS, the Edina Board of Appeals and-Adjustments granted said variance on September 17, 1981, Case No. -g3(-- subject to certain conditions; NOW, THEREFORE, in consideratidn of the'premises and of the covenants and agreements herein.set forth, the parties hereby mutually covenant and agree as follows: All 1. No free- standing sign additional to that allowed to be constructed by said variance shall be constructed, placed or permitted on Site while the sign permitted by the'variance is located on the Site. . 2. Wall signs and signage on the existing and any future building on the Site shall be limited to the west wall and a maximum area of one hundred eighty -nine (189) square feet, as such square feet are determined by the City. 3. The variance shall automatically terminate and the sign and sign foundation be removed by Owner or Wyoming when the occupancy of Wyoming's building is changed or modified. 40 In the event that Owner or Wyoming fails or refuses - to fully comply with all of their obligations under this agree - ment, or violates any of the provisions hereof, and such failure, refusal or violation continues for a period of thirty (30).days. after notice thereof is given to Owner and Wyoming, then, in that event, in addition to any other remedies then available to L the ^; L shall have the right to: the City at lacy aL i,. equity, t,... �..� �.y a., Revoke said sign variance described in this I. agreement, in which case Owner and Wyoming shall immediate- ly remove said free standing sign and the foundation therefor; b. Enter upon the Site with such personnel, equip- ment, and materials as the City deems necessary for the purpose of performing the obligations of Owner and Wyoming hereunder that it has failed or refused to p erform, or, at the City's discretion, for the purpose of removing said free standing sign and foundation therefor, without liability or obligation of any kind to Owner or Wyoming or any owner or occupant of the Site for trespass or damage to the Site or any property or improvements thereon, or for loss of business or business interruption, or any Me • ABM y tY' X'i qY' ' • V. t�S,7 i ..r ,. 4 `.f a �, r r,.o1�1• 1. q� ',hl :r'�� t�.M�7>F A�•: � +�� �����f•,, et t y .� ti't ,, r yam, F � r r.a- Jul "1�5 't 1'- .� �"` %. �- ^i 7?. +�, � t..• •,,, ti �: tJ'1 ��... a .+' �y y. 1 • •y '� - {,, . �. '� ;`+1 ., � � , �1 •, r e,�• M.1 � v t� 1 '"s+.'+. c . '' � �', � . fr 1 . , .,' �r A :. � r . v J �; f ,,� f••. .. •.r J h, r �' \7 J . r r i. 'Y"i .+1 `t , +t . -. Y• 4r! ter. .! '.n ` Y�.; �1 } t f + ., .'�.r � IY }..mot r t �� �f . �r t',.. .. it •..:F, .�. :�Fi �4..` i� Jt..\ _.... X.,., • 1. 1 y; Y . 'i. R , i 1+.� i' ,`',� nir'. other cause, all of which liability and obligation is hereby waived by Owner and Wyoming, and if any person makes any claim against City for any such loss or damage to property or business due to such entry, Owner and Wyoming agree to hold City harmless from and indemnified against any loss, cost, da—mage or expense, including attor- neys' fees whether suit be brought or not, arising out of such claim, and to pay to City, upon demand of City, any such loss, cost, damage or expense, including attorneys' fees,. suffered or incurred by City, with interest at two percent (2 %) over the Prime Rate from the date demanded until paid; e. Obtain enforcement of this agreement by court order for mandatory injunction or other appropriate, relief; and d. Withhold, deny, or revoke any building permits, certificate of occupancy, utility connection permits and . any other permits and approvals, issued or granted by the City for the construction or occupancy of all or any part of the improvements then on, or then or-thereafter to be con- structed on, the Site, until such failure or refusal ends and Owner and Wyoming fully co_ «ply with their obligations hereunder. All of the foregoing remedies shall be usable and enforceable by the City separately or cor_curren�ly as the City shall determine, and the use of one remedy shall not waive or preclude the use of any one or more of the other remedies. Also, the failure to exercise, or delay in exercising, any remedy hereunder in the event of .a failure or refusal by Owner or Wyoming, shall not preclude City from thereafter exercising any of -`its remedies for. the 'sare or a subsea cent failure or refusal. Owner and Wyoming agree to pay to City any and all costs and expenses incurred by City in enzorcing this agreement by the use of the remedies above set out or by other remedies * - '�:�.' �• pfW JAI .7+�wy,.?•t"•..�M1..E., , E�,�tr ". E fir s�f ,sv:d.rt .tf• Y ti.tY y `,,,,, sF y♦ f � �hh•.. .r dj /)n `'!1•„ r, -'..l 1 N'' T,t',.�, t, '"k.- i..,,Y t F.; .,, r 4"^_�•.. -."`..; ... ,� �1. £ :.r ti X ♦,,,v't; .ti" !�'G" 'S'., ; •;r �..!, ?1; {/,((•7 `v, t a;, fit, 'L +:_. i''''ce` ^"r�r P'.:�.� \ vsr, Sf 2 i tf -s.s i.' rq: r S „.•t a i. i.!-� t''. C, `4• v�Jl t'`\:i” ...,y,,�. ' r'ty't' ti1..a { ' YyYiii 1�¢ . i � .: c � . a 4 1., i .. ,q y r. t ' • t 1 ' ` e t �J -Yx t. F•n 4 " 1. :1• .dt k 1a �. F 4 , 7 , • or means available to the 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 the rate of two percent (2 %) per annum over the Prime Rate from the dates incurred by the City until paid. Owner and Wyoming also agree to pay all costs of collection of any monies due to City from Owner or Wyoming pursuant hereto, and of such costs and expenses incurred in enforcing this agreement, with interest thereon, again including attorneys' fees and whether suit be brought or not, with interest at the rate of two percent (2%) per annum over the Prime Rate from the dates such costs of collection were - incurred until paid. In purposes hereof, Prime Rate shall mean the rate E of.interest from time-to time publicly announced by the First National Bank of Minneapolis as its prime rate. S. All notices, reports, or demands required or per- mitted to be given under this agreement shall be in writing and shall be deemed.to be given when personally delivered 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: 4801 West 50th Street Edina, Minnesota 55424 Attention: City Manager To Owner The Towle Real Estate Co. 600 Second Avenue Minneapolis, Minnesota 5409 n OAA f n C i mes �� To Wyoming: u Such addresses may be changed by any party on notice to the p other party given as herein provided. -4- - Ybk tq, trr <.�:'^ � � r •� r mt t t i. � - � rvv+:; ,,,�r.F r.dr'7 �'��'�ti - r t!r 1 �' •r �, 4K ;,MK: �� �.. '4tl u r_:� .• ;t t 1 ii yc.r n^t^- t t 6. 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 site and be binding upon all present and future owners of the site. If, for any reason, the provisions hereof should be determined by the legal counsel for City, or by a court.of competent jurisdiction, not to be fully binding upon and fully enforceable against any owner of the Site, then the said freestanding sign variance granted by City shall wholly cease and terminate and the Site shall be used and useable only in full compliance with all then applicable ordinances of the City. If there be at any future time more than one owner of the Site, 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 have executed this Agreement on the date first above written. TRUCENA MINNESOTA PARTNERS, INC. I Its WYOMING OUTFITTERS, INC. z l� L is �. CITY OF EOINA By �l vo And . .. �•ianager • y J`+ J� t, V Y r• ' f 1 t ! 9 Y i . :1 1 fi M ) l .d t i t �♦ M? ,: Lr� 4i, y 40(C ,t.y bit _ na - • - a 1 w .r. .' t r "t ! y t r STATE OF ' M7 MT9S'OTA ) ss . COUNTY OF /�C ) .r instrument was acknowledged before me this The foregoing 19 81, byA.J4u3 ,t1.Z,�,c y,,• a day of .�1� Di''r`_ —' respeclY. of TRUCENA arlu MINNESOTA PARTNERS, INC., -:-a ­Minnesota corporation, on behalf o said corporation. DOREEN E. YEE NOTARY PUBLIC, state of New York No. 41- 47148871 /mow _�`, Qualified in Queens County -�� Catiificate filed ;`New aYork 0 °1982. Notary Pu lc C.Mussion Expires STATE OF ss. COUNTY OF ) The fore oing instrument was' cknowle�ged nd� a me is day of J 191 by and -� res ec ive y, o V 0 ING OU FITTERS, the .. INC., a yo ing corporation, on behalf of said cor oration. otary u lic at•► Commission expires January 21,,190 STATE OF MINNESOTA ) ss, COUNTY OF �&1 ) The foregoing instrument was acknowledged before me ,t�h day of PQ�!yrl/�ce 1981, byL,,v �r?%ri �� tie -Mayor and Manager, respectively, of CI Y OF EDINA, a municipal corporation, on behalf of said corporation. if i �;,c;•rc;;•� CRAIG L. LARSSN. r�ou NOTARY PUBLIC MINNESOTA ry '• HENNEPlN COUNTY Mt ! 1 5,198 `' My Commission Expires Sept• AAZ I i w 1 .t .Y. rwy ,�, G4 t ,....) t r�',:: ;y'I »-:`vL h �'� y �. �! r �V t.. 1..;"y t t 4 '; tt,±t ,,4 r j1z %i' \j\r• /Lr