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02-26-1990 Council Packet
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02-26-1990 Council Packet
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and between s Bay") and the ty").of the followingn Lake Minnetonka lying between the of said Lets 22 lines of said ine of the Right 7 being a line hwesterly from the ?avement of said nnesota <br />structures, <br />einafter "duplex," <br />in 2" (west edge <br />988, the City <br />ached hereto as <br />building and <br />, 1988, the City <br />tached hereto as <br />s building and <br />lutions the City <br />s conditions, <br />bin to available <br />ay an Order to <br />ed November 21, <br />wer to said Order <br />azardous <br />3. Agreement of the Parties. The City and Smith's Bay in mutual consideration hereby agree as follows:a. The City agrees to permit the cabins to remain, upon the conditions stated herein, until June 1, 1991 (hereinafter the "termination date"). Within two weeks of the termination date. Smith's Bay shall remove the cabins at its sole and complete expense. Removal shall include destruction of the cabins (including foundations), all appurtenant structures such as porches and landings, proper disconnection of all services and utilities, removal of all debris, and restoration of the cabin sites Lo a reasonable condition, including seeding or sodding.Smith's Bay shall have vacated all tenants and any personal property from the cabins by the termination date. Smith's Bay shall provide any necessary notice to <br />tenants or other persons, and shall obtain all necessary <br />permits and approvals, so that removal can be completed <br />in accordance with the terms of this Agreement. <br />b. Should Smith's Bay not begin or complete <br />removal vLthin two weeks of the termination date, the <br />City is expressly authorized to enter upon the property <br />without notice at any time to raze and remove the <br />cabins. Removal in this case shall include the same <br />elements described in the previous paragraph. Smith's <br />Bay shall repay the City for any and all costs, <br />including attorney's fees, incurred in removing the <br />cabins, to be collected as an assessment against the <br />property payable in a single year. Said assessment may <br />be imposed without notice or hearing or other process <br />and Smith's Bay expressly waives any right thereto. <br />c. Within 15 days of the date of this Agreement, <br />the City ihall initiate dismissal without prejudice of <br />the current hazardous building proceeding against the <br />cabins. The City shall move with due diligence to <br />obtain said dismissal and remo’/al of the lis pendens <br />attached to the property by the City pursuant to the <br />aforementioned hazardous building proceeding. <br />d. Smith's Bay will, within the next 30 days, <br />make the following repairs to Cabin 1: <br />i. Permanently fasten and connect back door <br />landing to the structure. <br />-2-
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