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HomeMy WebLinkAbout2486r s. AGREEMENT AND RELEASE This Agreement is made and entered into as of this 14th day of December, 1994 by Burnet Realty, Inc., a Minnesota corporation (hereinafter called the "Owner ") whose address is 7550 France Avenue South, Edina, Minnesota, 55435 and the City of Edina, a Minnesota municipal corporation (hereinafter called "Edina "), whose address is 4801 West 50th Street, Edina, Minnesota 55424, Attention: City Manager. RECITALS The Owner is the fee owner of certain property situated in Edina, County of Hennepin, State of Minnesota, which is legally described as follows: Lot 6, Block 1, Mirror Lakes Meadow -`Wood Second Addition to Edina Highlands. Said property shall hereinafter be called the "Premises". The Owner claims the Premises have been or will be damaged by flooding and that Edina is responsible for such damage (hereinafter called "Owner's Claim "). Edina denies the Owner's Claim. The Owner has hired a contractor to undertake preventative measures to the Premises to reduce the risk of flood - related damage to the Premises (hereinafter called the "Preventative Measures "). Edina has established a Flood Reduction Program which is public funded and intended to provide financial assistance to eligible homeowners in undertaking preventative measures to reduce the risk of flood - related damage to their homes (hereinafter called the "Program "), and Edina has agreed to use Program money in the amount of $10,000.00 to reimburse the Owner for a portion of the costs paid by the Owner to such contractor for the Preventative Measures. The parties have agreed to settle Owner's Claim as provided for herein. NOW, THEREFORE, in consideration of Edina using Program money to reimburse the Owner for the cost of the Preventative Measures and of other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Owner, the Owner agrees as follows: 1. This Agreement shall run with title to the Premises and be binding on all present and future owners of the Premises. 2. The Owner agrees to release and hold harmless Edina and its officials, employees, agents and representatives from all claims, demands, damages, suits and causes of action, of every nature whatsoever arising out of or relating to Owner's Claim, including on account of damage or loss to property, both real and personal, taking of property, both real and personal, bodily injuries or deaths arising out of any flooding of the Premises or flood - related damage to the Premises caused in whole or in part from the inadequacy or nonperformance of the Preventative Measures or from any acts or omissions, including negligent acts or omissions, of Edina or its officials, employees or agents, which acts or omissions occurred prior to the date of this Agreement. I Owner acknowledges that Edina does not in any manner insure, warrant or guarantee that the Preventative Measures are adequate to reduce the risk of flood - related damages to the Premises or will prevent future flood - related damages to the Premises. 4. Any notice, demand or request by Edina to Owner shall be in writing and shall be deemed to have been duly given or made if mailed by registered or certified mail, return receipt requested, to Owner at its address set forth in the caption hereof, or at such other address as Owner may notify Edina of, in writing, by registered or certified mail, return receipt requested, at the address set forth in the caption hereof, or at such other address of which Edina shall have so notified Owner. Notice so mailed shall be deemed given and made upon deposit in the United States mail. 5. Owner agrees and acknowledges that the consideration provided for herein is full and complete consideration for Owner's Claim. 6. This Agreement, for all purposes, shall be interpreted and construed in accordance with the laws of the State of Minnesota. The unenforceability or invalidity of any provision or provisions of this Agreement as to any persons or circumstance shall not render that provision nor any other provision or provisions herein contained unenforceable or invalid as to any other persons or circumstance, and all provisions hereof, in all other respects, shall remain valid and enforceable. BU T REALTY INC. By Its Q./ZA;t . RAiL•• -2- STATE OF MINNESOTA COUNTY OF HENNEPIN rn The foregoing instrument was acknowledged before ipe this 7 day of March, 1995, by RA W A, t-o s S -- Y r,j ,the 4 S S is i - s e c of Burnet Realty, Inc., a Minnesota corporation, on behalf of the corporation. (Notarial Seal) USARANM NOTARY PUBLIC • MprNEBbTA RAMSEY COUNTY Expires Jan. 31, 2000 This instrinnent was drafted by: Dorsey & Whitney P.L.L.P. 220 South Sixth Street Pillsbury Center South Minneapolis, MN 55402 -1498 X,,, rc Aiii� Notary Public for the State of Minnesota My Commission Expires: a.' 3 I -3- 2594433 PAU OL am UPf ICL OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CE,R-flF - ILD FILED ON MAR 9 1995 !1 il'y", , REGIS-i kAR OF TITLES aw- DEPUT' e