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�?� ��t��l�re I�' � <br /> AGREEMENT FOR REMOVAL ���� <br /> OF ACCESSORY S'�RUCTURE <br /> Right-of-Entry <br /> TffiS AGREEMENT ("AgreemenY'), made and entered into this s}� day of June, <br /> 2008,by Highmark Builders,Inc. ("Developer") and LMG Partners,LLC("Properiy 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"Cit,�'). <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 located at 4205 North Shore <br /> Drive, within the City of Orono, Hennepin County, State of Minnesota, such property legally <br /> described as: <br /> See"E�chibit A"atta.ched 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 Statutes §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 removal of the Shed; and <br /> WHEREAS, at the Applicants' request, the City agrees to a11ow the Applicants to retain <br /> the Shed on the Subject Property while the partties resolve their dispute regarding the City's <br /> requirement to remove the Shed.and the Applicants' rights to maintain said structu.re are resolved; <br /> and <br /> 139014v2 <br /> 1 <br />