83-03
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City of Chanhassen
Carver and Hennepin Counties, Minnesota
RESOLUTION
DATE:
February 7, 1983
RESOLUTION NO:
83-03
MOTION BY COUNCILMAN:
Geving SECONDED BY COUNCILMAN:
Watson
RESOLUTION ACCEPTING AND APPROVING AGREEMENT
WHEREAS, the City Council has reviewed and approved an appli-
cation for site plan for Opus Corporation for Chanhassen Lakes
Business Center on Lots 4 and 5, Block 5, Chanhassen Lakes
Business Park as found in Planning Case 82-4 Site Plan, and
WHEREAS, part of the site plan request was a proposal to
construct a vehicle parking and manuevering area over a portion
of the sanitary sewer easement located on the eastern boundary of
Lot 4, Block 5, and
WHEREAS, a City Council condition for site plan approval was
that the City be held harmless of any costs associated with the
restoration of said vehicle parking and manuevering area should
utility repairs be necessary,
.
NOW, THEREFORE, BE IT RESOLVED:
l. That the Indemnity Agreement from Alscor Joint Venture No. II
attached hereto and marked as exhibit "A" is hereby accepted and
approved by the City,
2. That a copy of this resolution shall be recorded with the
Carver County Registrar of Titles, for the purpose of putting
future owners and encumberancers on the subject property on notice
of the terms of the attached agreement.
Passed and adopted by the City Council of the City of
Chanhassen this 7th day of February, 1983.
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Don Ashworth, City Clerk/Manager
YES
NO
ABSENT
.
Hamilton
Geving
Swenson
Watson
Horn
None
None
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INDEMNITY AGREEMENT
THIS INDEMNITY AGREEMENT is made this 17th day of Februarv
1983, by ALSCOR INVESTORS JOINT VENTURE NO.2, a Minnesota
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general partnership composed of Opus Corporation, a Minnesota
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corporation, American Linen Supply Co., a Delaware corporation,
and Alscor Investors Joint Venture No.1, a Minnesota general
partnership (hereinafter referred to as "ALSCOR").
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WITNESSETH, THAT WHEREAS:
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A. ALSCOR is in the process of constructing an office-
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warehouse facility known generally as the "Chanhassen Lakes
Business Center" on Lots 4 and 5, Block 4, Chanhassen Lakes
Business Park, according to the recorded plat thereof.
B. Lot 4, Block 5, Chanhassen Lakes Business Park, is
subject to an easement for utility purposes over and across
the most easterly 25 feet of Lot 4 as shown and dedicated on
the recorded plat of Chanhassen Lakes Business Park (hereinafter
referred to as the "Utility Easement").
C. The City of Chanhassen has reviewed the site plan for
the proposed office-warehouse facility and has agreed to allow
ALSCOR to construct paved driveway and parking facilities in
the Utility Easement, but only upon the condition that ALSCOR,
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and its successors and assigns, shall be solely responsible for
and shall indemnify and hold harmless the City of Chanhassen
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from the cost of repairing and replacing the paved parking and
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driveway facilities located in the Utility Easement in the
event that the City of Chanhassert is required to remove all
or any portion of the paved surface located in the easement area
for the purpose of installing, replacing, repairing or maintaining
public utilities owned by the City of Chanhassen located in the
Utility Easement.
D. ALSCOR, for itself and its successors and assigns,
has agreed to be responsible for the cost of repairing or replac-
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ing the paved parking and driveway facilities located in the
Utility Easement and desires to set forth its agreement in
writing for tpe benefit of the City of Chanhassen.
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IN CONSIDERATION FOR THE APPROVAL OF THE CITY OF CHANHASSEN
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TO CONSTRUCT PAVED PARKING AND DRIVEWAY FACILITIES IN THE UTILITY
EASEMENT, ALSCOR HEREBY AGREES AS FOLLOWS:
1. ALSCOR hereby agrees that the City of Chanhassen shall
be entitled to remove all or any portion of the paved parking
and driveway facilities to be constructed and located in the
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Utility Easement to the extent reasonably required to install,
replace, repair and maintain public utility lines owned by the
City of Chanhassen that are located or to be located in the
Utility Easement. ALSCOR further agrees that it shall be
solely responsible for the cost and expense of repairing or
replacing the paved parking and driveway facilities removed
by the City of Chanhassen and agrees to indemnify and hold
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harmless the City of Chanhassen from any and all cost and
expense of every kind arising directly or indirectly on account
of such repair work to the paved facilities.
2. This Indemnity Agreement shall continue in full force
and effect as long as any paved parking and driveway facilities
are constructed and installed in the Utility Easement.
3. The covenants and agreements contained in this Indemnity
Agreement are made for the sole benefit of the City of Chanhassen,
and nothing contained herein shall be enforceable by or be deemed
to be made for the benefit of any party or parties other than
the City of Chanhassen. The terms and provisions of this Indemnity
Agreement shall run with the fee title ownership of Lot 4, Block
5, Chanhassen Lakes Business Park, according to the recorded plat
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thereof, and shall extend to and be binding upon ALSCOR and its
successors and assigns.
IN WITNESS WHEREOF, ALSCOR has caused this Indemnity Agree-
ment to be executed as of the date first above written.
ALSCOR JOINT VENTURE NO.2
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
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The foregoing instrument was acknowledged before me this
15~ay of ~f3S::?uRRY, 1983, by 'KOOER-T::r. Iw/-JUI[
~.c6i:r::E.u- , of Opus Corporation, a
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Minnesota corporation, on behalf of the corporation, as general
partner of Alscor Investors Joint Venture No.2, a Minnesota
partnership, on behalf of the
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(Notarial Seal)
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\9"~ CAROL 1_. l.OSEY \
{~~.m ,NOTAIlY PUILlC-~IMNESOT'"
\ ~"", HEN.,.PIN cOUNTY
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STATE OF MINNESOTA)
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COUNTY OF HENNEPIN)
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The foregoing instrument was acknowledged before me this
J.Lth.. day of
February
, 1983, by
T. F. T\4:lIr.1rpnharh
Vice President & Treasurer
, of American Linen Supply Co.,
a Delaware corporation, on behalf of the corporation, as general
partner of Alscor Investors Joint Venture No.2, a Minnesota
partnership, on behalf of the partnership.
(Notarial Seal)
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&htl'lon J. Co.tigan
Notary Pu!lJic:, Hennepin County. Mn.
My commission expires Jan. 24,1986
THIS DOCUMENT DRAFTED BY:
Dan F. Nicol
800 Opus Center
9900 Bren Road East
P. O. Box 150
Minneapolis, MN 55440
-3-
em Of CHANHASSEN
pS::CEtvED
fEB221983
CQMMUNITf DEVElOPMENT OEPl
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