HomeMy WebLinkAbout2171i
K;
AGREEMENT
(Conditions to Parking Variance) _
[East Part of Lot 2, Block 1,
Yorktown Second Addition]
THIS AGREEMENT, Made and entered into this /,Z,
day of `, 198#, by and between YORK CONDO, INC.,
a Minnesota corporation [ "York "), CITY OF EDINA, a Minnesota
municipal municipal corporation [ "City "), and YORK CONDO
ASSOCIATION, INC., a Minnesota non - profit corporation
[ "Association ");
WHEREAS, York and the City entered into an Agreement
(Conditions to Parking Variance) dated April 26, 1979, and
filed July 20, 1979, in the office of the Registrar of Titles,
Hennepin County, Minnesota, as Document No. 1339353 [the
"Parking Agreement "]; and
WHEREAS, by the terms of said Parking Agreement, York
was to construct upon the property described in Exhibit A at-
tached hereto and hereby made a part hereof [the "Condominium
Property "), on or before September 1, 1979, fifty (50) exposed
parking spaces additional to those then on the Condominium Pro-
perty in full compliance with a plan [the "Condominium Plan "]
attached to the Parking Agreement as Exhibit D and in full
compliance with applicable City ordinances and without cost to
the City or to any owners, occupiers or encumbrancers of the
Condominium Property (other than York, if York has an interest
in the Condominium Property); and
WHEREAS, twenty -two (22) of the fifty (50) parking
spaces have been constructed and the Association has requested
that the balance of the parking spaces to be constructed be
reduced from twenty -eight (28) to twenty -six (26) parking
spaces, being the twenty -six (26) spaces shown on the Condominium
Plan as lying East of the East line of the building on the Con-
dominium Property [the "Deferred Parking Spaces "), and that
the requirement to construct the same be deferred; and
WHEREAS, York is agreeable to such reduction and
deferment, but desires to be released from its obligations
to construct the additional parking spaces pursuant to the
Condominium Plan, and City and the Association are willing to
so release York on the terms and conditions hereinafter set
out; and
WHEREAS, City is agreeable to such reduction and
deferment, all on the terms and conditions hereinafter set
out; and
WHEREAS, the City did, on November 17, 1980, in
Case No. B- 80 -47, grant the requested variance reducing the
number of parking spaces to be constructed from twenty -eight
(28) to twenty -six (26) and deferring their construction for
a six (6) month period, because the strict enforcement of the
City ordinances would, in this case, cause undue hardship be-
cause of circumstances unique to the Condominium Property,
and the grant of such variance has been determined by the
City to be in keeping with the spirit and intent of the appli-
cable ordinances, but subject to execution, delivery and re-
cording of this Agreement, and only upon the conditions herein-
after set out in this Agreement, which the City deems necessary
to impose to insure compliance with the applicable City ordi-
nances and to protect adjacent properties.
NOW, THEREFORE, in consideration of the granting by
the City of the above requested parking variance and deferment
of the prior variance, and of the mutual covenants and agree-
ments hereinafter contained, it is hereby agreed by and between
the parties hereto as follows:
1. City hereby confirms that it did grant a vari-
ance from its applicable ordinances and from the Parking Agree-
ment whereby there need not now be constructed on the Condo-
minium Property the Deferred Parking Spaces pursuant to the
terms and conditions of the Parking Agreement, subject, how-
ever, to the following terms and conditions of this Agreement.
-2-
ty .
y p }�
2. If the City Manager and the City Planner, in
their sole discretion, shall hereafter determine that addi-
tional exposed parking spaces are required on the Condominium
Property, then Association will, at its sole cost and expense,
construct, pursuant to the Condominium Plan, such additional
exposed parking spaces as the City Planner and City Manager
shall then recuire, up to the maximum number of twenty -six
(26) exposed parking spaces, such construction to be in the
location of the Deferred Parking Spaces shown on the Condo-
minium Plan. The City Planner and City Manager need not re-
quire that all of the additional exposed 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, util all of the Deferred Parking Spaces as shown
on the Condominium Plan have been constructed. The additional
exposed parking spaces from time to time required by the City
Manager and the City Planner shall be built in full compliance
with the Condominium Plan and the then applicable City ordi-
nances; provided, however, that Association 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 exposed parking spaces may then be constructed pur-
suant to said new parking plan, as approved, and subject to
the then applicable ordinances of the City.
(i) The City Manager and City Planner shall
give written notice to Association of their determination that
additional exposed parking spaces are then required, setting
forth in said notice the number of spaces then required to be
constructed, uz to the maximum of the Deferred Parking Spaces.
Association, 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 exposed parking spaces
-3-
Pursuant to the Condominium Plan or will submit a new plan —
as above allowed. In the event a new 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, Asso-
ciation shall be deemed to have agreed to construct such ad-
ditional spaces pursuant to the Condominium Plan.
(ii) Association shall commence construction
of such additional exposed parking spaces as are then required
by the City Manager and City Planner within ninety (90) days
after said notice is given by the City Planner or City Manager
unless Association elects to submit a new parking plan, in
which case such construction shall commence within ninety (90)
days after approval or rejection by the City of the proposed
new plan, subject, however, to extensions of said 90 -day
period 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 Association, 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 with-
in 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.
3. The City and the Association do hereby acknowl-
edge receipt from York of the sum of Twenty Thousand and no /100
Dollars ($20,000.00) in full payment and performance of all of
York's obligations under the Parking Agreement to construct
parking spaces on the Condominium Property. Association and
City agree that said Twenty Thousand and no /100 Dollars ($20,000.00)
shall be placed in an interest bearing account or deposit of a
-4-
kind and with a depository to be mutually agreed upon and
to be withdrawn only upon the joint signatures of the Asso-
ciation and City. When withdrawn, said sum, with all accrued
interest, shall be used only for the construction of the
Deferred Parking Spaces as required to be constructed by
City pursuant hereto. If the City does not require the De-
ferred Parking Spaces to be constructed pursuant to this
Agreement or if said sum, with interest, exceeds the cost of
such construction, then said sum, or the balance thereof,
shall be paid over to the Association to be used by the Asso-
ciation as it shall determine.
4. City and Association agree that the variance
granted as to the Deferred Parking Spaces shall be reconsidered
by the City, on its own motion or upon request of the Associa-
tion, on or about June 1, 1981, at which time, upon reconsidera-
tion, the City may extend the variance for an additional
period, require some or all of the Deferred Parking Spaces
to be constructed pursuant hereto, or determine that the
Deferred Parking Spaces need not be constructed and release
the Twenty Thousand and no /100 Dollars ($20,000.00), with
accrued interest, to the Association.
5. If any term, condition, or provision of this
Agreement, or the application thereof to any person or circum-
stance, shall, to any extent, be held to be invalid or unenforce-
able, 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 unenforce-
able 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.
-5-
6. 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:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Association: 7200 York Avenue South
E ina, Minnesota
Attention: Marilynn Everett
Such addresses may be changed by either party upon notice to
the other party given as herein provided.
7. In the event that Association fails or refuses
to fully comply with all of its obligations under this Agree-
ment, and such failure or refusal continues for a period of
thirty (30) days after notice thereof is given to Association,
then, in that event, in addition to any other remedies then
available to the City at law or in equity, the City may (i)
revoke the said variance, in which case Association shall imme-
diately construct all Deferred Parking Spaces required by the
Condominium Plan, in full compliance with the Condominium Plan
and all then applicable ordinances of the City, or (ii) enter
upon the Condominium Property with such men, equipment and
materials as the City deems necessary for the purpose of per-
forming the obligations of Association hereunder that it has
then failed or refused to perform, or, at City's discretion,
of construction all of the Deferred Parking Spaces pursuant
to the Condominium Plan, whether or not then required hereunder
to be constructed, without liability or obligation of any kind
to any owner or occupant of the Condominium Property for trespass
or damage to the Condominium Property or improvements thereon
from which liability and obligation and all cost, damage and
expense resulting therefrom, including attorneys' fees, the
Association hereby agrees to indemnify City and hold City
harmless, (iii) obtain enforcement.of this Agreement by court
order for mandatory injunction or other appropriate relief,
or (iv) revoke, or withhold and deny, any building permits,
certificates of occupancy, utility connection permits, and any
other permits and approvals, previously granted, issued, or
given by the City, or then to be granted, issued, or given
by the City, for the construction or occupancy of any or all
of the improvements then or thereafter on the Condomimium
Property, until such failure or refusal ends and the obliga-
tions of Association are fully complied with. All of the fore-
going 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
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 Association shall not pre-
clude City from thereafter exercising any of its remedies for
the same or a subsequent failure or refusal. Association
agrees to pay to the City any and all costs and expenses in-
curred by City in enforcing this Agreement by use of the reme-
dies above set out 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 Association 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
-7-
paid. Association further agrees, the provisions of para-
graph 3 hereof to the contrary notwithstanding, that if Asso-
ciation becomes indebted to City pursuant to this paragraph
7, City may draw on said sum of Twenty Thousand and no /100
Dollars ($20,000.00), and the interest thereon, to pay any
and all such indebtedness to the City, without further consent or
signature by Association, but Association shall remain liable
for any deficiency. Association agrees that the holder of
said Twenty Thousand and no /100 Dollars ($20,000.00) may rely
upon a written statement from City that monies are due to City
from the Association under this Agreement, and shall have no
liability to Association for payment to City pursuant to such
statement.
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 Condominium Property and be binding upon all pre-
sent and future owners of the Condominium Property.
9. The Parking Agreement is hereby amended and modi-
fied to the extent inconsistent herewith, but as hereby amended
and modified shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above written.
YORK CO O, INC. ' CI
By By
Its
And An
Its
:n .a•rrou.:,.a.A ate aos�s
•- • ASSOCIATI •
By
And r
Its
no
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this fc�lay of ���, 1980, by
and r spectively the and
of YORK CON sota corporation, on behalf of said
corporation DIANE L JONPO N
�• MJUN�p � �._ ,
Notary Public
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me
this r �- day of _ -iY\ , 1980, by t X_-�
and C _ �� respectively the { "a_
and o--- of CIT OF EDINA, a Minnesota municipa cor-
poration, on behalf of said municipal corporation.
Notary Public
STATE OF MINNESOTA
SS
COUNTY OF HENNEPIN
✓,+.:YME�aP.e.p..q+r:a�.a•ge ,'tyc��r..�.
n r
FLOEivCt S. 1 iALLBERG 3
t'
7y Lor a rims Dec. 31, 1985
The foregoing instrumen was acknowledged before me
this day of 7 1 1981, by
and , resp ctively the
and _ of YORK CONDO ASSOCIATION, INC., a Minne-
sota non - profit corporation, on behalf of said non - profit corpo-
ration.
Notary lic
THIS INSTRUMENT WAS DRAFTED BY:
Dorsey, Windhorst, Hannaford,
Whitney & Halladay
2300 First National Bank Building
Minneapolis, Minnesota 55402
JOAN A. h.' `
jWAItY rUBIIC • M 3TA
Np1f1BPIN COUNTY
Le ---------- i - _060001
Inn Aug. 23, INN
EXHIBIT A
To Agreement _
(Conditions to Parking Variance)
between
YORK CONDO, INC.,
CITY OF EDINA, and
YORK CONDO ASSOCIATION, INC.
[Condominium Property)
That part of Lot 2, Block 1, lying Easterly of the
following described line, and its Northerly exten-
sion: Commencing at the Northeast corner of said
Lot 2; thence South 89 degrees 46 minutes 22 seconds
West, assumed basis for bearings, along the north
line thereof, 547.26 feet, to the point of begin-
ning; thence South 00 degrees 05 minutes 10 seconds
East, 352.02 feet to the South line of said Lot 2
and there terminating, Yorktown Second Addition,
according to the plat thereof on file or of record
in the office of the Registrar of Titles in and for
said County.
Tv rip
7PE ®I CIA
4801 WEST 50TH STREET. EDINA, MINNESOTA 55424
612- 927 -8861
May 29, 1981 1
Mr. Vasco Bernardi
York Condo I nc.
7401 Metro Boulevard
Edina, MN 55435
Dear Mr. Bernardi:
The City is in receipt of the three party agreement concerning future parking
spaces at the York Plaza Condominiums, 7200 York Avenue, the east part of
Lot 2, Block 1, Yorktown Second Addition. A copy of this agreement is
enclosed for your reference. The agreement releases York Condo Inc. of
further responsibility for construction of additional parking spaces at the east
condominium building. The agreement also satisfies one of the conditions estab-
lished for issuance of occupancy certificates for the west condominium building.
However, these occupancy certificates can not be issued until the parking agree-
ment for the York Plaza Apartments is completed and returned to the City.
We understand that this agreement has been transmitted to Teacher's Insurance
and Annuity Association of America and has not been returned.
The three party agreement was received by the City almost concurrently with
the expiration of the six month period established by the Edina City Council
for review of the surface parking needs at the east York Plaza Condominium.
The Edina Board of Appeals and Adjustments will consider the surface parking
at the June 18, 1981 meeting at 5:30 p.m. Under these circumstances, we
have decided to delay issuance of the occupancy permit for the east building
until the Board has decided the matter.
Sincerely
Harold Sand
Assistant Planner
Encl .
cc. Building Department
Marilyn Everett
fgqEDINA
4801 WEST 50TH STREET, EDINA. MINNESOTA 55424
612 -827 -8861
May 29, 1981
Mrs. Marilyn Everett
President
York Condo Association
7200 York Avenue South
Edina, MN 55435
Dear Mrs. Everett:
In accordance with your request, 1 have scheduled the review of the surface
parking variance for the York Condo Association building on June 18, 1981,
at 5:30 p.m., before the Edina Board of Appeals and Adjustments. Mailed
notice of the hearing will be sent to property owners on June 4, 1981.
We request that any information your assocaition wishes to submit for con-
sideration is provided to the Planning Department prior to June 9, 1981.
We will continue to withhold issuance of full occupancy certificates for the
building until the Board has decided the parking issue.
Enclosed please find an executed copy of the three party agreement concerning
surface parking at the York Plaza Condominiums and a letter to Vasco Bernardi,
York Condo Inc., concerning the agreement.
Sincerely,
Harold Sand
Assistant Planner
Encl.
HS : jr
� I � 90C,IAL 3ECURITV NO.
0115 01
71093
I NON- TRANSFERABLE AUTOMATICALLY RENEWABLE: 41- 132071
• TIME THIS CERTIFICATE WILL BE RENEWED AT THE
INVESTOR CERTIFICATE BANK'S PREVAILNG RATE OF INTEREST FOR
THIS INSTRUMENT AT THE TIME OF MATURITY.
City of Edina and
RATE
DATE OF PURCHASE I F—PURCHASE AMOUNT
DEPOSITORS) York Condo Association, Inc. 5 -12 -81 20,000.00
ANNUAL
15, 781%
NAME AND 7200 York Av. S. #223
ADDRESS
Edina, W 55435 Y monthly
INTEREST HEREON TO MATURITY BE PAID y
Wa.tures 11 -10 -81 ❑ CHECK p ADD TO [Y SS CREDIT _??5411
CERTIFICATE
-2
AMOUNT OF DEPOSIT Twenty thousand and no /100's- -- --- -- -- -- - --- DOLLARS. S 20,000.00
PAYABLE 182 days MONTHS AFTER DATE OF PURCHASE.
.i SEE REVERSE SIDE FOR _
' lip First Batik Southdale NOTICE• IMPORTANT INFORMATION
Member First Bank System CONCERNING AUTOMATIC
First SOuthdale National Bank of Edina RENEWAL. EARLY WITH-
7001 France Ave., S. DRAWAL AND GENERAL 1 ,`
Edina, MN 55435 CONDITIONS OF DEPOSIT. l� U
G DDY
_
AUTHORIZED SLGNATV RE
G
ZC -32 (8 -80)
0
w
l
V
r
AMENDED AGREEMENT
(Conditions to Parking Variance)
[East Part of Lot 2, Block 1,
Yorktown Second Addition]
THIS AGREEMENT, made and entered into this l'u
day of j4ugj �" , 1982, by and between CITY Or EDINA, a
Minnesota municipal corporation ( "City ") and YORK CONDO
ASSOCIATION, INC., a Minnesota non - profit corporation
( "association ");
WHEREAS, York Condo, Inc., a Minnesota
Corporation ( "York ") and the City entered into an
Agreement (Conditions to Parking Variance) dated April 26,
1979, and filed July 20, 1979, in the office of the
Registrar of Titles, Hennepin County, Minnesota, as
Document No. 1339353 (the "Parking Agreement "); and
WHEREAS, by the terms of the Parking Agreement,
York was to construct upon the property described in
Exhibit A attached hereto and hereby glade a part hereof
(the "Condominium Property "), on or before September 1,
19791 fifty (50) exposed parking spaces additional to
those then on the Condominium Property in full compliance
with a plan (the "Condominium Plan ") attached to the
Parking Agreement as Exhibit D and in full compliance with
applicable City ordinances and without cost to the City or
to any owners, occupiers or encumbrancers of the
Condominium Property (other than York, if York has an
interest in the Condominium Property); and
WHEREAS, after twenty -two (22) of the fifty (50)
parking spaces had been constructed, the Association
requested that the balance of the parking spaces to be
constructed be reduced from twenty -eight (28) to
twenty -six (26) parking spaces, being the twenty -six (26)
spaces shown on the Condominium Plan as lying East of the
East line of the building on the Condominium Property (the
"Deferred Parking Spaces "), and that the requirement to
construct the same be deferred; and
WHEREAS, York was agreeable to such reduction and
deferment, but desired to be released from its obligations
to construct the additional parking spaces pursuant to the
Condominium Plan; and
WHEREAS, the City did, On November 17, 1980, in
Case No. B-80-47, grant the requested variance reducing
the number of parking spaces to be constructed from
twenty -eight (28) to twenty -six (26) and deferring their
construction for a six (6) month period, because the
strict enforcement of the City ordinances would, in that
case, cause undue hardship because of circumstances unique
to the Condominium Property, and the grant of such
variance had been determined by the City to be in keeping
with the spirit and intent of the applicable ordinances,
but subject to the terms and conditions of that certain
Agreement (Conditions to Parking Variance) dated May 12,
1981 between York, the City and the Association (the
"Second Parking Agreement "); and
WHEREAS, after consultation with an engineer, the
Association desires to further reduce the number of
parking spaces to be constructed from twenty -six (26) to
twelve (12), and the City is agreeable to such further
reduction; and
WHEREAS, the City by action of the City Council
done on February 1, 1982, granted the requested variance
reducing the number of parking spaces to be constructed
immediately from twenty -six (26) to twelve (12) because
-2-
strict enforcement of the City ordinances would in this
case, cause undue hardship because of circumstances unique
to the Condominium 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 applicable City
ordinances and to protect adjacent properties.
NOW, THEREFORE, in consideration of the granting
by the City of the above requested parking variance and of
the mutual convenants and agreements hereinafter
contained, it is hereby agreed by and between the parties
hereto as follows:
1. City hereby confirms that it did grant a
variance from its applicable ordinances and from the
Second Parking Agreement whereby there need now be
constructed on the Condominium Property only twelve (12)
of the Deferred Parking Spaces, subject, however, to the
terms and conditions of this Agreement. The twelve (12)
parking spaces to be constructed immediately are indicated
in red on the revised condominium site plan - Parking Plan
approved by City Council February 1, 1982, which is
attached hereto as Exhibit B and made a part hereof.
2. If the City Manager and the City Planner, in
their sole discretion, shall hereafter determine that
exposed parking spaces in addition to those to be
constructed immediately pursuant to paragraph l hereof are
required on the Condominium Property, then Association
shall, at its sole cost and expense, provide such
-3-
additional exposed parking spaces as the City Manager and
City Planner shall then require, up to a maximum of
fourteen (14) parking spaces. The City Planner and City
Manager need not require that all fourteen (14) of the
additional parking spaces be provided at any one time, but
may require additional parking spaces to be provided from
time to time as they deem them necessary, until
Association has orovided fourteen (14) additional exposed
parking spaces. The additional exposed par'::ing spaces
from time to time required by the City Manager and the
City Planner shall be built or provided in full compliance
with the then applicable City ordinances. If any of the
additional fourteen (14) spaces are required, the
Association shall have the right to provide the additional
spaces by restriping tree existing parking areas into
smaller stalls or a different configuration of stalls, or
by other nonstructural methods, subject to the then
applicable ordinances of the City. if only some of the
additional exposed parking spaces from time to time
required by the City Manager and the City Planner can be
provided in compliance with the then applicable ordinances
of the City by restriping or other nonstructural methods,
then Association shall construct the balance of the
additional exposed parking spaces then required in the
location indicated in red on the revised condominium site
plan - Future parking plan approved by City Council
February 1, 1982, which is attached hereto as Exhibit C
and made a part hereof; provided, however, that
Association 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 exposed
parking may then be provided pursuant to the new parking
-4-
plan, as approved, subject to the then applicable
ordinances of the City.
(i) The City Manager and City Planner shall
give written notice to Association of their determination
that additional exposed parking spaces are then required,
setting forth in said notice the number of spaces then
required to be constructed, up to the maximum of fourteen
(14) parking spaces. Association, within thirty (30) days
after such notice is given, shall give written notice to
the City as to how and where it will provide such
additional exposed parking spaces. If the City objects to
the method or location of such additional spaces by
written notice given to Association within fifteen (15)
days after such notice is given to the City, Association
shall revise the method and /or location to the extent
objected to by the City and give written notice of such
revisions to the City, which may again object in the
manner and time above stated. Objections of the City and
revisions by Association shall continue as herein provided
until the City approves of such method and location. If
the City does not so object within said fifteen (15) day
period, it shall be deemed to have approved of such method
and location as proposed by Association.
(ii) Association shall commence
construction of such additional exposed parking spaces as
are then required by the City Manager and City Planner
within ninety (90) days after approval of the method and
location of providing the additional spaces then required,
subject, however, to extensions of said ninety (90) day
period by reason of delays due to weather, labor disputes,
material shortages or unavailability of material,
-5-
unavoidable causalty, acts of God, or other causes beyond
the reasonable control of Association, in which case the
ninety (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.
3. The City and Association have previously
acknowledged receipt from York of the sum of Twenty
Thousand and Llo /100ths Dollars ($20,000.00), which sum
satisfied in full payment and performance of all of York's
obligations under the Parking Agreement, the Second
Parking Agreement and this Agreement to construct parking
spaces on the Condominium Property. Association and the
City acknowledge that the Twenty Thousand and vo /100ths
Dollars ($20,000.00) is placed in an interest bearing
account or deposit of a kind and with a depository
mutually agreed upon by the City and Association, and that
it will be withdrawn only upon the joint signatures of the
City and Association. When withdrawn, said sum, with all
accrued interest, shall be used only for the construction
of the twelve (12) parking spaces outlined in red on
Exhibit B. If said sum, with interest, exceeds the cost
of such construction, then said sum, or the balance
thereof, shall be paid over to Association to be used by
Association as it shall determine.
4. I£ 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 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.
5. 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:
To City: 4801 West 50th Street
Edina, Minnesota 55424
Attention: City Manager
To Association: 7200 York Avenue South
Edina, Minnesota 55435
Attention: York Condo Assoc.
President
Such addresses or names may be changed by either party
upon notice to the other party given as herein provided.
6. In the event that Association fails or
refuses to fully comply with all of its obligations under
this Agreement, and such failure or refusal continues for
a period of thirty (30) days after notice thereof is given
to Association, then, in that event, in addition to any
other remedies then available to the City at law or in
equity, the City may (i) revoke the said variance, in
which case Association shall immediately construct all
Deferred Parking Spaces required by the Condominium Plan
-7-
attached to the Parking Agreement, in full compliance with
the Condominium Plan and all then applicable ordinances of
the City, or (ii) enter upon the Condominium Property with
such personnel, equipment and materials as the City deems
necessary for the purpose of performing the obligations of
Association hereunder that it has then failed or refused
to perform, or, at City's discretion, of constructing all
of the Deferred Parking Spaces pursuant to the Condominium
Plan attached to the Parking Agreement, whether or not
then required hereunder to be constructed, without
liability or obligation of any kind to any owner or
occupant of the Condominium Property for trespass or
damage to the Condominium Property or improvements thereon
from which liability and obligation and all cost, damage
and expense resulting therefrom, including attorneys'
fees, Association hereby agrees to indemnify City and hold
City harmless, (iii) obtain enforcement of this Agreement
by court order for mandatory injunction or other
appropriate relief, or (iv) revoke, or withhold and deny,
any building permits, certificates of occupancy, utility
connection permits, and any other permits and approvals,
previously granted, issued or given by the City, or then
to be granted, issued, or given by the City, for the
construction or occupancy of any or all of the
improvements then or thereafter on the Condominium
Property, until sµch failure or refusal ends and the
obligations of Association are fully satisfied. 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 any one or more of the other
WIM
remedies. Also, the failure to exercise, or delay in
exercising, any remedy hereunder in the event of a failure
or refusal by Association shall not preclude City from
thereafter exercising any of its remedies for the same or
a subsequent failure or refusal. Association agrees to
pay to the City any and all costs and expenses incurred by
City in enforcing this Agreement by use of the remedies
above set out 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 the rate specified below from
the dates incurred by the City until paid, and Association
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 the rate specified below on such costs of
collection from the dates incurred until paid. The
interest rate to be charged shall be equal to two percent
(2%) in excess of the prime rate of the First National
Bank of Minneapolis (the "Bank ") on the date that such
costs and expenses are incurred by the City. For the
purposes of this Agreement, "prime rate" shall mean the
rate of interest from time to time publically announced by
the Bank as its prime rate. Association further agrees
that if Association becomes indebted to City pursuant to
this paragraph 5, City may draw on the sums on deposit
under paragraph 3 of this Agreement, and the interest
thereon, to pay any and all such indebtedness to the City,
without further consent or signature by Association, but
Association shall remain liable for any deficiency..
Association agrees that the holder of the Twenty Thousand
and no /100 Dollars ($20,000.00) may rely upon a written
statement from the City that monies are due to the City
from Association under this Agreement, and shall have no
liability to Association for payment to the City pursuant
to such statement.
7. 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 tale title to the Condominium Property and
be binding upon all present and future owners of the
Condominium Property.
8. The Parking Agreement and the Second Parking
Agreement are hereby amended and modified to the extent
inconsistent herewith, but as hereby amended and modified
shall be and remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have
executed this agreement as of the day and year first above
written.
CITY OF EDINA
LOA
And
YORK CONDO ASSOCIATION, INC.
By
its
And c— _
Its �G•
-10-
STATE OF MINNESOTA
ss.
COUNTY_OF HENNEPIN
The foregoing instrument was acknowledged before
me this �` da of & , 1982, by 01. wauge Cote ey
and the 1A A.-%-Ae and
c of CITY OF EDINA, a Minnesoth municipal
co poratibn, on behalf of said mun' ipal co poration.
.a�se
°be CRAIG L. LARSEN ;
!� 's NOTARY PUBLIC " MINNESOTA ry Public
HENNEPIN COUPS "I'Y
My Commission Expires Sept. 15, 1984
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before
me this day of -�� r 1982, by T�� o.; '� DoA,� and PcAph :civ w. w respectively the &I'll and
41y.t_ of YORK CONDO ASSOCIATION, INC., a
Minnesota non- profit corporation, on behalf of said
non - profit corporation.
Notary Public
REYNOLDS B.THOMAS, JR.
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
This Instrument Was Drafted By: ''�' My Commission Expires June 19. 1983
DORSEY & WHITNEY
2200 First Bank Place East
Minneapolis, Minnesota 55402
-11-
EXHIBIT A
To Agreement
(Conditions to Parking Variance)
between
YORK CONDO, INC.
CITY OF EDINA, and
YORK CONDO ASSOCIATION, INC.
[Condominium Property]
That part of Lot 2, Block 1, lying Easterly of the
following described line, and its northerly extension:
Commencing at the Northeast corner of said Lot 2; thence
South 89 degrees 46 minutes 22 seconds West, assumed basis
for bearings, along the north line thereof, 547.26 feet,
to the point of beginning; thence South 00 degrees 05
minutes 10 seconds East, 352.02 feet to the South line of
said Lot 2 and there terminating, Yorktown Second
Addition, according to the plat thereof on file or of
record in the office of the Registrar of Titles in and for
said County.
-12-
0
f
�._--- • __ . ....._.'-_.:'!. ____...__�..G'. _`�Y._.- "- ......_.�__ -.�__ S \-.... �___._
j d
i
tL /
1
o
u
U
O , REVISED
Parking Plan approved
By City Council 2/1/82
Enclosed Stalls 166
Exterior exist. 52
Exterior prop. 12
(2/1/82)
Exterior future 14
TOT s
AL 24
v�
k
.S1` " PLAi�I
.. 1
11 I ]TI r
� f fyEw GONG. 1 + Ij
Lf
_fdl
f ,d!
REVISED - + w
Future parking plan
approved by City
Council 2/1/82
- -- .51 T E' P L. �, �!
. Y
/ + Y
THIS INSTRUMENT IS EXEMPT FROM FEES PURSUANT TO MINNESOTA.
STATUTE 386.77.
t
The City of Edina
By: ._---
T omas S. Erickson
City Attorney
REGT9f FRED VOL. --&2OPAGE-
1482('arc; 6035-19
-2- -7
OFFICE OF THE REGISTRAR
OF TITLES
HENNEPIN COUNTY, MINNESOTA
CERTIFIED FILED ON
il
q
SEP 171982 9Q�
REGISTRAR OF TITLES
------DEP-U-U
REGISTERED VOL a 004 -PAGE-4P-Y/3 (,
6,94163
�oyaao
oy A;L ;L
':ETSTEREO VOL. PAGF40Y3:39
o -q
a y
Q
,FG:r-TERED VOL. 20-0(-----PAGEJ() 699'
:7--
606-3/7
U41
30,2-
T o r S `1
.-- oe"ll
r
Goy Of
64 S:Ilk
64G 663
6d � 69,V
606756
—, "7-- -- "r �.' '7)1 paeE
-�O:�:r l7 3 7v
fil-:3=.ED V OL. o
C�647 YAC-11 % 175-75-
A05 -L M6 U
REGISTERED VOL pg,
z;
0
F.3
0
i6 �y7
-�O:�:r l7 3 7v
fil-:3=.ED V OL. o
C�647 YAC-11 % 175-75-
A05 -L M6 U
REGISTERED VOL pg,
z;
0
F.3