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�, y2o5 �Uo�r Sh�o /� <br /> � <br /> AGREEMENT FOR REMOVAL <br /> OF ACCESSORY STRUCTURE <br /> Right-of-Entry <br /> TffiS AGREEMENT ("Agreement"), made and entered into this S��" day of June, <br /> 2008,by Highmark Builders,Inc.("Developer") and LMG Partners,LLC("Property Owner") <br /> (hereinafter Developer and Property Owner collectively referred to as "Applicants") and the City <br /> of Orono, a Minnesota municipal corporation(hereinafter referred to as the"City"). <br /> WITNESSETH: <br /> WHEREAS, Applicants have made application to the City for a variance to Municipal <br /> Zoning Code Section 78-1288, 78-1282, and 78-330 for property loca.ted at 4205 North Shore <br /> Drive, within the City of Orono, Hennepin County, Sta.te of Minnesota, such property legally <br /> described as: <br /> See"Exhibit A"attached for legal description; <br /> (hereinafter referred to as"Subject Property"); and <br /> WHEREAS, the Subject Property contains a pre-existing 117 square foot accessory <br /> structure("Shed")in the 0-75 foot zone; and ' <br /> WHEREAS,the Applicants have received a variance for the Subject Property pursuant to <br /> Orono City Council Resolution 5601 and recorded as Hennepin County Document#4464906; and <br /> WHEREAS,the Applicants now believe that Minnesota Sta.tutes §117.184, effective after <br /> May 20, 2006, applies to the Shed and provides certain protections to the Applicants; and <br /> WHEREAS, the Applicants have expressed their desire to keep the Shed on the Subject <br /> Property and have communicated such desire to the City of Orono on June 2, 2008 and, in fact, <br /> have not removed the Shed as requested by the City; and <br /> WHEREAS, the Applicants recognize that it is the City's position that the Shed must be <br /> removed as a condition of the variance; and <br /> WHEREAS, the City has denied the Applicants' approval of the grading inspections <br /> necessary to complete the sodding of the Subject Property and obtain a temporary certificate of <br /> occupancy as a result of the dispute regarding the rexnoval of the Shed; and <br /> WHEREAS, at the Applicants' request, the City agrees to allow the Applicants to retain <br /> the Shed on the Subject Property while the parties resalve their dispute regarding the City's <br /> requirement to remove the Shed and the Applicants' rights to maintain said structure are resolved; <br /> and <br /> 139014WL <br /> 1 <br />