PL PACKET 03192002 - Laserfiche WebLink

Home Browse Search

CONDITIONAL USE PERMIT AGREEMENT THIS AGREEMENT is dated as of . 00. ( , 2002, and is by and between the CITY OF ST. ANTHONY, a Minnesota municipal corporation(the "City"), and VILLAGE NORTH PROPERTIES,LLP, a Minnesota limited liability partnership (the "Owner"). 1. Request for Conditional Use Permit Approval. The Owner has asked the City to approve a Conditional Use Permit(referred to in this Agreement as the "CUP") to permit a business engaged in the processing of wax and other components into candle products to be operated on the land owned by the Owner legally described on Exhibit A attached hereto (the "Property"). 2. Conditions of CUP Approval. The City approved the CUP on January 8, 2002, on condition that the Owner enter into this Agreement and record this Agreement with the County Recorder or Registrar of Titles prior to issuance of any occupancy permit for the property. A copy of the CUP is attached hereto as Exhibit B. The CUP shall remain in effect until September 1, 2002; provided that the conditions of the CUP are observed and the further terms and conditions of the City's Zoning Ordinance related to conditional use permits are satisfied. The CUP shall terminate on September.1, 2002. 3. Miscellaneous A. Third Parties shall have no recourse against the City or its Councilmembers, officers, employees, consultants and agents under this Agreement. B. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. D. This Agreement shall run with the Property and will be recorded against the title to the property. The Owner covenants with the City, its successors and assigns, that the Owner is well seized in fee title of the Property has obtained consents to'this Agreement, in the form attached hereto, from all parties who have an interest in the Property; that there are no unrecorded interests in the Property; and that the Owner will indemnify and hold the City harmless for any breach of the foregoing covenants. E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to ever other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised