HomeMy WebLinkAbout2520 CAsco Pt Rf, Exhibit A Agreement for removal of Accessory Building 1
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(Reserved for Recording Data)
Agreement for Removal and/or Retention of Accessory
Structure During Construction of Principal Structure Addition
Right-of-Entry
THIS AGREEMENT, made and entered into this ______ day of ______________,
20__, by Ronald Rocca and Holly Rocca, husband and wife (hereinafter referred to as
“Applicants”) and the City of Orono, a Minnesota municipal corporation (hereinafter referred to
as the “City”).
WITNESSETH:
WHEREAS, the Applicants are the owners of the Subject Property, which property is
located at 2520 Casco Point Road within the City of Orono, County of Hennepin, State of
Minnesota, and legally described on the attached Exhibit “A” (hereinafter referred to as the
“Subject Property”); and
WHEREAS, the Subject Property contains an existing residential structure (“Existing
Primary Structure”) and a detached accessory structure (“Accessory Structure”) as shown on the
survey or site plan attached hereto as Exhibit “B”; and
WHEREAS, the Applicants have made application to the City to build an addition to the
principal residence (“Principal Structure”) and seek City approval to maintain the Existing
Accessory Structure until the Principal Structure addition is completed; and
WHEREAS, the City intends to allow the Existing Accessory Structure to remain on the
Subject Property during the completion of the construction addition to the Principal Structure;
and
WHEREAS, once the City has approved the final inspections for the Principle Structure
addition, the demolition of the Existing Accessory Structure, grading and landscaping shall be
completed within 60 from the approval of the final inspection.
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NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the Existing Accessory Structure on the Subject Property during
the completion of the construction of the addition to Principal Structure, subject to the
following conditions:
A) Applicant agrees to obtain the necessary building permits for construction all
project.
B) Applicants agree to complete the demolition and removal of the Existing
Accessory Structure, complete grading and landscaping within 60 of the final
inspection for the addition to the Principal Structure, and obtain an inspection and
approval by the City.
C) If the Applicants fail to (i) perform the demolition and removal obligation of the
Existing Accessory Structure on the Subject Property; and (ii) complete grading
and landscaping and obtain City inspection and approval, as set forth in
subparagraph B above, the Applicants hereby agree as follows:
1) The City may enter upon the Subject Property and remove the Existing
Accessory Structure;
2) The City may enter upon the Subject Property and complete grading and
landscaping; and
3) The City may assess the costs of removal to the Subject Property.
2. Fee owner(s) of the Subject Property, if not the Applicants, consent to the execution of
this Agreement and to its terms, as shown by his/her/their/its signature(s) upon this
document.
3. Applicants shall 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 attorney fees, which the City, City Council and agents and employees of the
City may suffer or for which it may be held liable, arising out of or resulting from the
assertion against them of any claims, debts or obligations in consequence of the
performance of the terms of this agreement.
(Signatures contained on the following pages.)
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CITY OF ORONO:
By:__________________________________
Dennis Walsh, Mayor
By:__________________________________
Dustin Rief, City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
________________, 20__, by Dennis Walsh and Dustin Rief, respectively, the Mayor and City
Administrator for the City of Orono, a Minnesota municipal corporation, on behalf of the City
and pursuant to the authority granted by its City Council.
____________________________________
Notary Public
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APPLICANTS:
______________________________________
Ronald Rocca
______________________________________
Holly Rocca
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ______ day of
_________________, 2020, by Ronald Rocca and Holly Rocca, husband and wife.
____________________________________
Notary Public
DRAFTED BY:
Campbell Knutson
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
SMM/jmo
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EXHIBIT A
The southwesterly half of Lot 4, TOWNSITE OF LANGDON PARK, Hennepin County,
Minnesota
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EXHIBIT B