1j. Agreement with AVR il ' - e.,-.14.....4- 4,....._4_) -
CAMPBELL, KNUTSON, SCOTT (St FUCHS PA i
. ✓k /
1 Attorneys at Law
Thomas J. Campbell (612) 452 -5000
I Roger N Knutson Fax (612) 452 -5 50
Thomas M. Scott
Gary G Fuchs
James R. Walston
Elliott B. Knetsch
I Michael A. Broback
Renae D Steiner
September 16, 1993
II VIA FACSIMILE TRANSMISSION
Mr. Wood R. Foster, Jr.
II Siegel, Brill, Greupner ��s e - 4,�o�c.�
& Duffy, P. A.
1300 Washington Square e d�, c. X.,�,I A 4a.-t
I 100 Washington Avenue South
Minneapolis, Minnesota 55401 ; a re. c 0" /v.c". At..Q
Re: City of Chanhassen v. AVR, et al. jae
1 Dear Wood:
•
I Enclosed herewith please find a revised version of your
Agreement regarding the City granting continued access to the AVR
. site through October 28, 1993 in return for AVR's agreement to
discontinue operation of its concrete mixing facility at that
I site on October 28, 1993.
I am in contact with the City to determine its position
I regarding the quick take payment and will inform you of their
position as soon as I have it.
II I am out of the office from approximately 10:30 a.m. to 1:00
p.m. but will return your calls as soon as I return.
As always, the Agreement enclosed herewith has not been
I reviewed by City staff or by the City Council and is proposed
only as a recommendation by the City Attorney's office.
II Very truly yours,
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
1
G- - �.�
I (Dictated but not read) By:
Gary G. uchs
GGF:c'h
I Encl e
cc: Mr. Don Ashworth L _,/
II MN 55121
N
Suite 317 • Eagandale Office Center • 1380 Corporate Center Curve • Eagan, � 5
II '
%r AGREEMENT
This Agreement, made this day of September, 1993, by
' and between the City of Chanhassen ( "City ") and AVR, Inc. ( "AVR ")
' at Minneapolis, Minnesota.
W I T N E S S E T H:
In consideration of One Dollar and other good and valuable
consideration, the receipt and sufficiency of which is
acknowledged by each party, and in further consideration of the
mutual covenants herein contained, the parties do hereby covenant
and agree as follows:
' 1. City guarantees AVR access to its Chanhassen Ready -Mix
concrete mixing facility at Highways 5 and 101, Chanhassen,
through the end of business on Thursday, October 28, 1993, on
certain terms and conditions as follows:
' (a) except for trucks carrying aggregate, cement, sand,
concrete or other material for delivery to the site,
' all other traffic may enter the site from the west,
from Great Plains Boulevard, through the "Hanus"
property which is directly west of the AVR property;
' (b) all traffic exiting the site will exit to the east,
through the "Taco Shop" property, to newly constructed
Dakota Avenue (soon to be Highway 101), where there
' will be a right turn only exit. No traffic will exit
through the "Hanus" property;
' (c) all trucks carrying aggregate, cement, sand, concrete
or other materials for delivery to the site shall enter
the site, and all other traffic may enter the site,
from Dakota Avenue and will not travel through the
" Hanus" property. In order to make the righthand turn
into the site from Dakota Avenue it will be necessary
for the vehicles to be traveling southbound on Dakota
' Avenue. Such vehicles will not be permitted to turn
off of Highway 5 onto Dakota Avenue and then make a u-
turn around the concrete islands to access the site;
1 (d) all trucks, whether loaded or unloaded, will be
prohibited from traveling on Southshore Drive, which is
a residential street.
I/
2. Notwithstanding the foregoing, City reserves the right
to terminate the access through the "Hanus" property in order to
enable the City to commence improvements on the "Hanus" property. 1
The City warrants that access to and from the AVR site will not
be interrupted, but access may be available only from the east,
through the "Taco Shop" property. i
3. In order to provide access for traffic entering or
exiting the AVR site through the "Taco Shop" property and from or 1
onto Dakota Avenue, the City will instruct its contractor not to
install a section of concrete curb and gutter until October 29,
1993 or later. To the extent additional costs are associated 1
with the late installation of this section of curb and gutter,'
such costs will be paid by AVR. 1
4. AVR agrees to discontinue and terminate all operation
of its existing Chanhassen concrete mixing facility no later than
5:30 p.m. on October 28, 1993. '
5. Each party agrees that violation of the terms of this
Agreement will leave the other without an adequate remedy at law,
and each stipulates and agrees that the Carver County District
Court may consider and award injunctive relief to enforce the 1
terms hereof, including affirmative injunctive relief, upon
twenty -four (24) hours notice by either party to the other of
intent to seek such relief. 1
6. Nothing in this Agreement shall be construed by either
party to waive any position it has taken, any defense it has ,
asserted, or any rights it may have relating to AVR's claim for
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II
"going concern" damages in the pending eminent domain
proceedings.
1 Dated this day of September, 1993, at Minneapolis,
Minnesota.
CITY OF CHANHASSEN
1 By:
Its:
1 CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
1 By:
Gary G. Fuchs, #32566
1 Attorney for City of Chanhassen
317 Eagandale Office Center
1380 Corporate Center Curve
1 Eagan, MN 55121
Telephone: (612) 452 -5000
AVR, INC.
1 B
1 Its:
SIEGEL, BRILL, GREUPNER
1 & DUFFY, P.A.
By:
Wood R. Foster, Jr., #31288
1 Attorney for AVR, Inc.
1300 Washington Square
100 Washington Avenue South
1 Minneapolis, Minnesota 55402
Telephone: (612) 339 -7131
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