Agreement CITY OF CHANHASSEN LETTER OF TRANSMITTAL
PLANNING DEPARTMENT
7700 Market Boulevard DATE JOB NO.
P.O. Box 147 8/5/22 PC No. 2022-11
CHANHASSEN, MN 55317 ATTENTION
(952) 227-1100 FAX (952) 227-1110 Andrea McDowell Poehler
RE:
2961 Washta Bay Court
TO: Campbell Knutson, PA
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
WE ARE SENDING YOU ® Attached ❑ Under separate cover via the following items:
❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change Order ❑ Pay Request ❑
COPIES DATE NO. DESCRIPTION
1 7/26/22 Agreement
THESE ARE TRANSMITTED as checked below:
❑ For approval ® Approved as submitted ❑ Resubmit copies for approval
❑ For your use ❑ Approved as noted ❑ Submit copies for distribution
❑ As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ® For Recording
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS If you have any questions, please contact MacKenzie Young-Walters at 952-227-1132 or
mwalters@ci.chanhassen.mn.us. Thank you.
COPY TO:
SIG
Jean Steckling, ( 52) 227-11
If enclosures are not as noted,kindly notify us at once.
AGREEMENT
AGREEMENT made this o V` day of J V � , 2022, by and between the CITY
OF CHANHASSEN, a Minnesota municipal corporation ("City") and DAVID J. GLAZA and
ANJULI V. GLAZA, husband and wife ("Owners").
WHEREAS, Owners are the fee owners of certain real property located in the City, as
legally described in Exhibit A, attached hereto and hereby made a part hereof(the "Subject
Property"), and
WHEREAS, Owners desire to construct a new home ("New Home") on the Subject
Property and demolish the existing home("Existing Home")located on the Subject Property upon
completing the construction of the New Home, and
WHEREAS,the City is not required to issue Owners a building permit for the New Home
until the Existing Home has been demolished;
WHEREAS; The City is willing to issue Owners a building permit and allow them to
begin construction on the New Home without first demolishing the Existing Home;
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:
1. Issuance of a Building Permit. Provided the New Home proposed by Owners
meets all of the conditions for issuance of a building permit, as determined by the City, and
complies with the terms of this Agreement, the City agrees to issue to Owners a building permit
for the New Home to be located on the Subject Property.
2. Demolition. Owners shall apply for and secure a demolition permit for the Existing
Home before the City will issue a Certificate of Occupancy for the New Home. Owners shall
demolish and remove the Existing Home within thirty (30) days of issuance of a Certificate of
Occupancy for the New Home.
3. Costs. The costs of the demolition shall be borne entirely by Owners. Owners
shall provide the City with an escrow for 110 percent of the cost for demolition stated in the
estimate set forth on Exhibit B. This amount shall be held in escrow until the New Home
construction and demolition of the Existing Home is complete. In the event Owners do not secure
the demolition of the Existing Home within the above described time frame,Owners authorize the
City to demolish the Existing Home and hereby grant a license to the City to enter the Subject
Property and demolish the Existing Home as soon as reasonably practical. Owners shall pay for
all of the City's expenses incurred in the demolition of the Existing Home; provided, however,
that if any portion of said costs exceed the amount in escrow and be outstanding more than thirty
(30) days after mailing of an itemized statement for the costs to Glaza, the deficiency shall be
certified by the City Clerk to the County Auditor for the entry on the tax rolls of the County as a
special assessment against the Subject Property. Owners do hereby agree to waive any and all
procedural or substantive objections to any assessments against the Subject Property concerning
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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. Owners waive any appeal
rights otherwise available pursuant to law or equity.
4. Release. Owners, for themselves, their heirs, successors and assigns, hereby
forever extinguish, release and discharges the City and any of its elected or appointed officials,
employees, attorneys, agents, indemnitors, representatives, insurers and assigns, of and from any
and all claims, demands, obligations, actions or causes of action, at law or in equity, which arise
from the City's issuance of the building permit as stated in this Agreement, the demolition of the
Existing Home or from the construction of the New Home 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 for attorney fees, costs and expenses.
5. Indemnification. Owners, for themselves, their 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 from any and all past, present or future claims, demands, obligations, actions or causes
of action, at law or in equity, which arise from the City's issuance of the building permit,
demolition of the Existing Home or from the construction of the New Home 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 for attorney fees,costs and expenses.
6. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City
is intended to be exclusive of any other available remedy or remedies, but each and every such
remedy shall be cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to
exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to
time and as often as may be deemed expedient.
7. Costs of Enforcement. Whenever any default occurs under this Agreement and
the City shall employ attorneys or incur other costs and expenses for the collection of payments
due or for the enforcement of performance or observance of any obligation or agreement on the
part of the Owners under this Agreement,the Owners shall be liable to the City for the reasonable
fees of such attorneys and such other expenses so incurred by the City.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and
year first above written.
[Remainder of page intentionally left blank]
[Signature pages to follow]
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CITY OF CHANHASSEN
BY: e?/("4..e.
Elise Ryan,Ma r
- AND:
--..-_- Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The for going instrument was acknowledged before me this S day of
t1, 2022 by Elise Ryan and Laurie Hokkanen,the Mayor and City Manager
res stn'ely of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Nota ' P
(Notary Seal)
•.:_:: `'; KIM T. MEUWISSEN
1 -_,,' Notary Public-Minnesota
\ice:„:.jMy Commission Expires Jan 31,2025
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OWNERS:
Da . J. Glaza
C.J.----
Anjuli . Glaza
STA lE. OF MINNESOTA )
)5s. c.(.
COUNTY OFF )
( The foregoing instrument was acknowledged before me this 2--(.0 day of
c iv L"y , 2022,by David J. Glaza and Anjuli V. Glaza husband and wife.
A .gi.N. CYNTHIA CB.EST crams Not Pub is
or., -,„,4 HOMY Ft1BUCANESOT1
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EXHIBIT"A"
Tract C,REGISTERED LAND SURVEY NO. 13, Carver County, Minnesota.
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EXHIBIT B
Demolition Estimate
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Estimate
Date Estimate #
PEREK Nrkko fxCAVATING 6/27/2022 2583
WAVER(-Y,MN
8778 Fillmore Ave. Sw. (612)919-0670 phone
Waverly, MN 55390 (763) 658-1503 fax
Name I Address
Denali Custom Homes
Project name
G1aza Demolition
Qty Description Total
Demo house and remove all debris and concrete 31,500.00
**Upon completion of new construction, old house will be
demolished.**
Derek Nikko: Z7C ^,, iC
Denali
Homes:
Subtotal $31,500.00
Sales Tax (7.375%) $0.00
Total $31,500.00