Hope House demo agreement not recordedAndrea McDouell Poehler
Soren M. Mattick
Dar id S. Kendall
Jared D. Shepherd
Hcnry A. Schaeffer, Ill
Alina Schuartz
James .1. Mong6, III
Jerome M. Porter
Leah C.M. Koch
Meagan K. Kellev
Benjamin J. Colburn
Cara A, McDonald
Jack S. Brooksbank
Cole A. Birkeland
Amv K.L. Schmidt
Thomas J. Campbell*
Roger N. Knutson*
Flliott B Knetsch*
Joel J. Jamnik*
+Actir,ed
Grand Oak Omce Ccntcr I
860 Elue Gentian Road
Suite 290
Eagan, Minnesota 5 5121
Main:551-452'5000
Fax:651 234-62)7
CAMPBELL KNUTSON
December 10.2024
Amy Weidman
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 553 17
Re: Cily of Chanhassen - Miscellaneous Unrecorded Documents
Dear Ms. Weidman:
I am returning to you ryglg{the following document:
I . Demolition Agreement for real property identified as PID 25.0093200
The document is missing the legal description.
Please make the appropriate modification and return to me for recording.
If you have any questions, please call. Thank you.
Respectfully,
CAMPBELL KNUTSON
Professional Association
4u r
Miya Watson, Legal Assistant
/mew
Enclosure
23l6llvl
PROFESSIONAL ' A S S O C IAT IO N
AGREEMENT
AGREEMENT made this 23'd day of October 2024. by and between the CITY OF
CHANHASSEN, a Minnesola municipal corporation ("Cit"v") and WESTWOOD COMMUNITY
CHtIRCH ("Westwood").
WHEREAS, Westwood owns a home on certain real property (the "Subject Property") located in the
City. which is unplafted and identified as PID 25-0093-200: and
WHEREAS, Westwood desires to construct a new principal structure ("New Principal Structure") on
the Subject Property which already has an existing principal structure ("Existing Principal Structure")
where City Code does not allow for tw'o principal structures to be located on a singular property unless
through a Planned IJnit Development (PUD) zoning designationi and
WHEREAS, Westwood intends to demolish the Existing Principal Structure upon completion of the
New Principal Structure, and
WHEREAS, the City is not required to issue Westwood a building permit for the Ncw Principal
Structure until the lrxisting Principal Structure has been demolishedl and
WHEREAS; The City is willing to issue Westwood a building permit and allow them to begin
construction on the New Principal Structure without first demolishing the Existing Principal
Structure; and
l lssuance of a Buildin I'crmit:
Provided the New Principal Structure proposed by Westwood meets all of the conditions for
issuance of a building permit, as determined by the City. and complies with the terms of this MOU.
the City agrees to issue to Westwood a building permit for the New Principal Structure to be located
on the Subject Property.
2. Demolition:
Westwood shall apply for and secure a demolition permit for the Existing Principal Structure
before the City will issue a permanent Certificate of Occupancy tbr the New Principal Structure.
Westwood shall demolish and remove the Existing Principal Structure within ninety (90) days of
issuance ofa Temporary Certificate olOccupancy. City Staff may administratively approve an
additional 30 days to apply for and secure a demolition permit for the Existing Principal Structure if
as ofthe original ninety (90) days, Westwood has not yet been issued a State olMinnesola
Department olHuman Services Children's Residential Facilities l.icense for the New Principal
Structure. Any additional extensions beyond the thirty (30) day administrative extension must be
authorized by the City Council.
Page I I
NOW, THEREFORE; on the basis of the mutual covenants and agreements herein provided. it is
hereby agreed by and between the parties hereto as follows:
The costs of the demolition shall be borne entirely by Westwood. Westwood shall provide the
City with an escrow fbr I l0 percent of the cost lor demolition stated in the estimate set fbrth on
Exhibit A. This amount shall be held in escrow until the New Principal Structure construction and
demolition ofthe Existing Principal Structure is complete. [n the event Westwood does not secure the
demolition of the Existing Principal Structure within the above described time frame. Westwood
grants a license to the City entering the arranging fbr the demolition ofthe [xisting Principal Structure
as soon as reasonably practical. Westwood shall pay fbr all olthe City's expenses incuned in the
demolition ofthe Existing Home: provided. however. that ifany po(ion olsaid costs exceed the
amount in escrow and be outstanding more than thirty (30) days alter mailing of an itemized statement
for the costs to Westwood. the deficiency shall be certified by the City Clerk to the County Auditor
for the entry on the tax rolls ofthe County'as a special assessnlent against the Subject Property.
Westwood does hereby agree to waive any and all procedural or substantive objections to any
assessments against the Subject Property conceming the costs of demolition. including but not limited
to the Notice and Hearing requirements. and any claim that the assessments exceed the benefit to the
Subject Property. Westwood waives any appeal rights otherwise available pursuant to law or equitr.
Westwood for itself. its heirs. successors and assigns, hereby forever extinguishes. releases
and discharges the City and any of its elected or appointed officials. employees. attomeys. agents.
indemnitors. representatives. insurers and assigns, ofand lrom any and all claims, demands,
obligations. actions or causes ofaction. at law or in equity. which arise lrom the City's issuance ofthe
building permit as stated in this Agreement. the demolition ofthe Existing Principal Structure or from
the construction ofthe New Principal Structure on the Subject Property. whether arising by stalute.
common law or otherwise. and lor all claims lor damages, ofwhatever kind or nature. and for all
claims for attorney fees. costs and expenses.
Westwood. for itself, its heirs. successors. and assigns. hereby agree to defend. indemnify.
keep and hold the City and any of its elected and appointed officials. employees. attorneys. agents,
indemnitors. representatives, insurers and assigns. harmless lrom any and all past. present or luture
claims. demands. obligations. actions or causes ofaction. at law or in equity, which arise from the
City's issuance ofthe building permit, demolition ofthe Existing Principal Structure or lrom the
construction ofthe New Principal Structure on the Subject Property. whether arising by statute.
common law or otherwise. and for all claims for damages. of whatever kind or nature, and for all
claims lor attorney fees, costs and expenses.
lSignature page immediately followsl
Page 2
3. Costs:
{. Release:
5. Indemnification:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF CHANHASSEN
BY
Elise Ryan.or
AND:\"q^^r,Pq,l\rWarw,t:
Laurie Hokkanen, City Manager
SI A fE OI' MINNESOTN )
COUNTY OF Cnvwv
)ss
)
The fo L\day of
,2024 by Elise Ryan and Laurie Hokkanen. the Mayor and City Manager
respective of the City of Chanhassen. a Minnesota municipal corporation. on behalfofthe
corporation and pursuant to the authority granted by its City Council.
regoing instrument was acknowledged before me this
(Notary Seal)
STATE OF MINNESOTA
COUNTY OP (.o.tler
The lorego
October. 2024, by
JENNIFER ANN POTTEB
Nolary Public-Minnesota
My Commi6sion Erpt.s Jan 31,2027
Notary IC
WESTWOOD COMMUNI'IY CHURCH
By:
I ts:
)
)SS
)
ing instrument was acknowledged belore me this ?!t day of
representing westwood, the €;r.etrAive?qnto(
Community Church. a Minnesot non-profit corporation, on behalfolthe non-profit corporation and
pursuant to the authority granted by its Board of Directors
ffi Notary Public
?,uilu!&,,,/l
Racrrel B€.ta
Ncfay Rrulc
Mlff|oeota
l., Oflri.br Eqf! 0fif2029
Page | 3
Ilxhibit A
Rou Olson ( onstr uction
69'0 Innood Rord
( ologne. lN 55-l::
95:-{.13-66'{ T69::-{r3-5:89
Octobcr ll. l0l{
W6tn6d Cht.rc!
'Jrm Tbcs
6l:.618- r 7:l
JlD. &crr usestwoodcc org
Re Erourte - Hopc Horr
l0t0 s ?8t st
Chrnhgsa. l'f,{
Dcmohnoo rnd rcml'd of housc $nt? stuchue
rrludng foudetoo. dlscoect ed crp (w€r n'rtlt :
Page I 4