HomeMy WebLinkAboutAgreement re: structures ?s ArctuAr PeNic
Doc No A10381981
Certified, filed and/or recorded on
Nov 7, 2016 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 84 Pkg ID 1475441M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(Reserved for Recording Data)
Agreement for Removal and/or Retention of
Existing Primary Structure and Accessory Structure
During Construction of Principal Structure and Right-of-Entry
THIS AGREEMENT,made and entered into this 101 day of Odct ter
2016, by Michael John Mallak and Sarah Lynn Mallak, 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 property located at 585 Orchard Park
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,pursuant to Building
Permit 2016-01180,to build a new principal residence ("Principal Structure")and seek City
approval to remain living in the Existing Primary Structure until the Principal Structure is
completed; and
WHEREAS, the City intends to allow the Existing Primary Structure and the Accessory
Structure to remain on the Subject Property during the completion of the construction of the
Principal Structure; and
WHEREAS,the City intends to grant a Temporary Certificate of Occupancy for the
Principal Structure upon receipt of a$10,000.00 escrow so that Applicants can demolish the
Existing Primary Structure and Accessory Structure and complete the final grading and
landscaping; and
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WHEREAS, said demolition of the Existing Primary Structure and Accessory Structure
shall be completed within thirty(30) days from the issuance of the Temporary Certificate of
Occupancy; and
WHEREAS, once the Applicants have submitted an as-built survey and the City has
inspected and approved the final grading and landscaping,the City will issue a Final Certificate
of Occupancy to Applicants for the Principal Structure.
NOW,THEREFORE,THE PARTIES TO THIS AGREEMENT AGREE TO THE
FOLLOWING:
1. Applicants may retain the Existing Primary Structure and the Accessory Structure on the
Subject Property during the completion of the construction of the Principal Structure,
subject to the following conditions:
A) Applicants agree to obtain the necessary building permits for construction of the
Principal Structure.
B) Upon completion of the Principle Structure, Applicants will immediately apply
for a Temporary Certificate of Occupancy, and will pay the City a$10,000 cash
escrow.
C) Applicants agree to complete the demolition and removal of the Existing Primary
Structure and Accessory Structure,within thirty(30) days of the issuance of the
Temporary Certificate of Occupancy for the Principal Structure, and obtain an
inspection and approval by the City.
D) Applicants agree to submit an as-built survey, complete grading and landscaping
and obtain an inspection and approval by the City.
E) If the Applicants fail to (i)perform the demolition and removal obligation of the
Existing Primary Structure and Accessory Structure on the Subject Property; and
(ii) complete grading and landscaping and obtain City inspection and approval, as
set forth in subparagraphs C and D above,the Applicants hereby agree as follows:
1) The City may enter upon the Subject Property and remove the Existing
Primary Structure and the Accessory Structure;
2) The City may enter upon the Subject Property and complete grading and
landscaping;
3) The City may immediately draw upon the Escrow to cover the costs of
removal, grading and landscaping; and
4) The City may assess any remaining costs of removal, grading and
landscaping to the Subject Property. The Applicants hereby waive all
procedural and substantive objections to the assessment including, but not
limited to,hearing requirements and any claim that the assessment
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exceeds the benefit of the Subject Property. The Applicants waive any
appeal rights otherwise available under Minnesota Statutes § 429.081.
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 their 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.
CITY OF ORONO:
il
By: -,j,'
Lili Tod McMillan Its Mayor
By: V� iI,1..
ssi a Loftus, %inistrator
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /4 try day of
C`o-Lx J , 2016, by Lili Tod McMillan and Jessica Loftus,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.
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UiZ Public (•,_ LD12' ---e-QL
o ��`p`- Diane 1.. nags i
I Y �" - NOTARY PUBLIC I
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;,�; MINNESOTA I
•-•i_ F, lei Commission E*iw 01A1f2021
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APPLICANTS:
46,
ich el John Mall.
/in i 4t-..
Sarah Lynn Mall
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this I4day of
O1[lQttelf , 2016, by Michael John Mallak and Sarah Lynn Mallak, husband and
wife.
jk_
1 ✓ll,/1✓l,!J(
a� ,Q CHRISTINE M.MATTSON
�� NOTARY PUBLIC_MINNESOTA \ Notary Public
My Carrnission •
Expres Jan.31,2019
DRAFTED BY:
Campbell Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
SMM
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EXHIBIT "A"
The North Quarter of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter(N
1/4 of NE 1/4 of SE 1/4 of NE 1/4) of Section 31, Township 118, Range 23, West of the 5th Principal
Meridian, Hennepin County, Minnesota.
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EXHIBIT "B"
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned,being duly qualified and appointed City Clerk of the City of Orono,
Minnesota, certifies that I compared the foregoing was adopted at the meeting of the Orono City
Council on October 14, 2016, with the original thereof on file in my office, and the same is a
correct transcription thereof.
WITNESS my hand officially as such City Clerk and the corporateof the City this
25th day of October, 2016.
A / I •
iane Tiegs,City Cl