HomeMy WebLinkAbout2005 - agreement betwee homeowners and Orono i - ♦ ..
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into by and between
Larry Palm and Sheryl Palm, husband and wife (collectively referred to as the "Palms")
and the City of Orono ("City").
WHEREAS, the Palms are the current owners of certain real property located in
Hennepin County, Minnesota, and which is commonly known as 1146 Wildhurst Trail,
Orono, Minnesota("Property"); and
WHEREAS, the Palms and the City desire to enter into this Agreement to allow
the Palms to demolish certain structures existing on the Property and to allow the Palms
to commence construction of a single family residence on the Property.
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties hereby agree as follows:
1. The recitals stated above constitute and form an integral part of this
Agreement as if stated herein in full.
2. The Palms agree to: (1) obtain a building permit for the construction of a
replacement residence on the Property within sixty(60) days of demolition of the existing
residence; (2) commence construction of the new residence within one hundred twenty
(120) days of demolition of the existing residence; and (3) complete all exterior work on
the replacement residence within one (1) year of issuance of the building permit and
complete all interior work within two (2) years of the issuance of the building permit for
the replacement residence.
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3. The Palms agree to remove the accessory structure ("Boathouse")
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• -• at the Palms expense.--it %(,o-E
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4. If any one of the events described above do not occur or the Palms fail to
perform their obligations as provided herein, the Palms agree to the following:
a. The City may enter upon the Property and remove the
Boathouse; and
b. The City may assess the cost of the removal of the
Boathouse to the Property.
5. This Agreement shall be binding on the Palms and all future owners of the
Property and shall be filed either with the Hennepin County Recorder's Office or the
Registrar of Titles Office.
6. The Palms agree to indemnify and hold harmless the City, the City
Council and the agents and employees of the City from and against all claims, damages,
losses or expenses, including attorneys' fees, which the City, City Council and agents and
employees of the City may suffer or which it may be held liable, arising out of or
resulting from the assertion against them of any claims, debts or obligations and
consequence of the performance of the terms of this Agreement.
7. This Agreement shall inure to bind the parties hereof and their respective
heirs, legal representatives, successors and assigns.
8. The parties represent that this Agreement has been executed in the State of
Minnesota, and this Agreement shall be governed in all respects by the laws of the State
of Minnesota.
9. No change, addition or modification of this Agreement shall be binding
unless it is in writing and signed by both parties.
10. It is expressly acknowledged and agreed that all understandings by and
among the parties are expressed in this Agreement and the terms hereof are contractual in
nature and not a mere recital.
IN WITNESS HEREOF, the undersigned have made and entered into this
Agreement as of the day and year stated above.
t_ 414111111
/terry 'alm � S - 1 Palm
Dated � Dated:
CITY OF ORONO
Dated:
kmb/contractAgreementPalm&City07-20-05