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HomeMy WebLinkAbout2588FROM THE DESK OF: deEtt Allen TO: DATE. FOR YOUR FILE. FOR YOUR INFORMATION. PLEASE REVIEW AND COMMENT. PLEASE NOTE AND RETURN TO ME. THIS IS 0. K. PLEASE ADVISE. PLEASE HANDLE THIS DIRECTLY. PLEASE KEEP ME ADVISED ON THIS. PLEASE SIGN AND RETURN. AS YOU REQUESTED. AS WE DISCUSSED. THANK YOU. COMMENTS: r' ,C� . )7� HORSEY DORSEY & WHITNEY LLP V d b K imn (X- OO n C a) LV Oz M -n c� 5 0 OZ- --4 M T-<Mm M g en Z Cn Z 0 a INDEMNITY AGREEMENT This Agreement is made and entered into as of this Z day of , 2004 by Todd A & Diane M Kerin, husband and wife of the County of Hennepin, State of Minnesota (hereinafter called the "Owners ") whose address is 5705 Woodland Lane, Edina, Minnesota, 55424 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 Owners are the fee owner of certain property situated in Edina, County of Hennepin, State of Minnesota, which is legally described as follows: Lot 1 of the Colonial Grove Fourth Addition, Hennepin County, Minnesota Said property shall hereinafter be called the "Premises." Owners desire to add onto to their existing home in which the lower level is currently below the 100 year flood elevation of the adjacent Minnehaha Creek as shown on the maps of the City of Edina. The owners have installed a berm adjacent to the lower level openings to assist with flood protection. Edina has informed the Owners of the flooding risks associated with the lower level remaining below the 100 year flood elevation and Edina will not issue a permit necessary to the Owners to construct the addition unless the Owners execute and deliver this Agreement to the City. NOW, THEREFORE, in consideration of Edina issuing a permit to construct the addition on the Premises and of other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by Owners, the parties agree as follows: 1. The Owners agree to release, indemnify 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 any 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 this home. 2. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupiers of the Premises, and shall inure to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then record owners of the Premises, and may be released in whole or in part at any time, and from time to time, by the sole act of Edina 3. 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. Todd A. Kerin Diane M. Kerin STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoin nstrument,wwas acknowledged before me this day of 2004, by � &f1Cf r, / '��� and 4hba2�nd and wife, to me personally known to be the persons described in and who executed the foregoing instrument and acknowledged that they exec d the same as the' free- t and deed. Notary Public (Notarial Seal) '� '««�ut+h�n+WVVMNNs My Commission Expire / `� DARLENE R. WALLIN NOTARY PUBLIC- MINNESOTA My Gcmmissor = "xpi�es „ao. 3i 2rr,� causes of action, of evel�'Oature whatsoever arising out of or relating to any 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 this home. 2. The terms, covenants and conditions hereof shall run with the land and shall be binding on all present and future owners and occupiers of the Premises, and shall inure to the benefit of Edina, its successors and assigns, and may be amended or modified at any time and from time to time by the sole act of Edina and the then record owners of the Premises, and may be released in whole or in part at any time, and from time to time, by the sole act of Edina 3. 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. Todd A. Ker' Diane M. Kerin STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 7� day of 2004, by To" A K-a . ,n and , I�Aband and wife, to me personally known to be the persons described in and woo executed the foregoing instrument and acknowledged that they executed the same, as their free act and deed. (2a111A c.'tz 7 Notary Public (Notarial Seal) My Commission Expires: 1-3 " U CANDICE L FIEDLER NOTARY PUBLIC - MINNESOTA MyCommission 0�1sn.81 2005