Agreement with property owners/city re bldg permit/guest hse etc.

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THIS AGREEMENT is made by Guillame Bastiaens, the owner of certain property in the City of Orono, and the City of Orono, located in the County of Hennepin, State of Minnesota. Whereas, Guillaume Bastiaens (Hereinafter "the Owner") owns the property at 665 North Ferndale Road legally described as: (Exhibit A attached); and Whereas, the Owner has applied to the City of Orono for a building permit in order to construct a new residence on the property; and Whereas, the property contains an existing residence and detached garage which the Owner wishes to continue to use for dwelling purposes during construction of the new residence, and further wishes to continue to use as a temporary guest house and detached garage for a finite period of time after completion of the new principal structure; and Whereas, Orono Zoning Code Section 10.03, Subdivision 7 allows for the use of an existing dwelling during construction of a new principal structure subject to a permit issued by City staff; and Whereas, the Owner agrees that Orono ordinances do not allow a detached second dwelling unit to remain in place on the property except and unless a Guest House Conditional Use Permit has been approved by the city Council; and Whereas, the Owner acknowledges that the Property does not contain the full 4 acres required to meet the City ordinance standards far a Guest House Conditional Use Permit, hence approval of such a Permit is not guaranteed and requires a variance; and Whereas, the City of Orono is willing to allow the existing residence and garage to remain in use as a dwelling unit on the property until the new residence has been completed, if the owner agrees to promptly remove the existing residence and garage when the Certificate of Occupancy has been issued for the new residence; and Whereas, the Owner has agreed to remove the existing residence and garage promptly upon issuance of a Certificate of Occupancy for the new residence, unless a Guest House Conditional Use Permit has been approved for further continued use of the existing residence and garage, in which instance the Owner has agreed to abide by the terms and conditions of such approval. Now Therefore, in consideration of these premises, and other good and valuable consideration, the owner and the City of Orono do hereby agree as follows: I. The City of Orono will issue a building permit to the Owner or his agents for the construction of a new principal residence, subject to the normal and customary submittals and zoning and building code reviews. 2. Owner agrees that he will remove the existing residence and garage no later than thirty (30) days after issuance of a Certificate of Occupancy far the new residence, unless a Guest House Conditional Use Permit has been approved for further continued use of the existing residence and garage, in which instance the Owner agrees to abide by the terms and conditions of