signed Westwood demolition AgreementAGREEMENT
AGREEMENT made this 23'd day olOctober 2024. by and between the CITY OF
CHANHASSEN, a Minnesota municipal corporation ("Ciry") and WESTWOOD COMMUNITY
CHURCH ("Westwood").
WHEREAS, Westwood owns a home on certain real property (the "Subject Prope(y") located in the
City. which is unplatted 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 lor two principal structures to be located on a singular property unless
through a Planned Unit Development (PUD) zoning designationl and
WHEREAS, Westwood intends to demolish the Existing Principal Structure upon completion olthe
New Principal Structure. and
WHEREAS, the City is not required to issue Westwood a building permit for the New Principal
Structure until the Existing Principal Structure has been demolished; and
WHE,REAS; 1'he 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
Structurel and
NOW, THEREFORE; on the basis of the mutual covenants and agreements herein provided. it is
herehy agreed by and between the parties hereto as follows:
Provided the New Principal Structure proposed by Westwood meets all ofthe 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
befbre thc City will issue a permanent Certificate olC)ccupancy lor the New Principal Structure.
Westwood shall demolish and remove the Existing Principal Structure within ninety (90) days of
issuance ola Temporary Cerlificate of Occupancy. City Stalf may administratively approve an
additional 30 days to apply for and secure a demolition permit lor the Existing Principal Structure if
as of'the original ninety (90) days, Westwood has not yet heen issued a State of Minnesota
Department of Human Services Children's Residential Facilities License for the New Principal
Structure. Any additional extensions beyond the thirty (30) day administrative extension must be
authorircd b1 the City Council.
Pagc I
l. Issuance of a Building Pcrmit:
'fhe costs olthe demolition shall be borne entirely by Westwood. Westwood shall provide the
City with an escrow for I l0 percent olthe cost lbr demolition stated in the estimate set fbrth on
Ilxhibit A. This amount shall be held in escrow until the New Principal Structure construction and
demolition of the Existing Principal Structure is complete. ln the event Westwood does not secure the
dsnrolition olthe Existing Principal Structure within the above described time tiame. Westwood
grants a license to the City entering the arranging for the demolition ofthe Existing Principal Structure
as soon as reasonably practical. Westwood shall pay tbr all ofthe City"s expenses incurred in the
demolition ofthe Existing Home: provided. however. that ifany po(ion of said costs exceed the
amount in escrow and be outstanding more than thirty (30) days alter mailing of an itemized statement
for the costs to Westu'ood. the deficiency shall be certified by the City Clerk to the County Auditor
tbr the entry on the tax rolls of the Count)'as a special assessment against the Subject Property.
Westwood does hereby agree to rl'aive any and all procedural or substantive objections to any
asscssments 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
Suhject Property. Westwood waives any appeal rights otherwise available pursuant to laworequity.
Westwood for itself. its heirs. successors and assigns, hereby fbrever extinguishes. releases
and discharges the City and any of its elected or appointed officials. employees. attomeys. agents,
indemnitors. representatives. insurers and assigns. ofand from any and all claims. demands.
obligations. actions or causes ofaction. at law or in equity. which arise from the City's issuance olthe
building permit as stated in this Agreement. the demolition of the Existing Principal Structure or from
the construction ofthe New Principal Structure on the Subjecl Property, whether arising by statute.
common law or otherwise. and ior all claims for damages. ofwhatever kind or nature, and for all
claims fbr attomey flees, costs and expenses.
Westwood. for itself. its heirs. successors. and assigns, hereby agree to defend, indemnifu,
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 ofaction. at law or in equity. which arise from the
City's issuance oithe building permit. demolition of the Existing Principal Structure or from the
construction ofthe New Principal Structure on the Subject Property. whether arising by statute.
common law or otherwise. and lor all claims for damages. ofwhatever kind or nature. and lor all
claims fbr attorney fees. costs and expenses.
lSignature page immediately followsl
Pagc 2
3. Costs:
.1. Release:
5. lndemnification:
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CIl'Y OF CHANHASSEN
BY:
trl rse Ryan.yor
\A^^,a{l\rWa,ru'rtANI)
Laurie Hokkanen. City Manager
S IATE OF MINNESOI'A
COUNTY OF
L!The fbregoing instrument was acknowledged before me this day of
.2024by Elise Ryan and Laurie Hokkanen. the Mayor and City Manager
respective olthe City ofChanhassen. a Minnesota municipal corporation. on behalfofthe
corporation and pursuanl to the authority granted by its City Council.
)
)ss
;ffiffi1 *ffi
(Notary Seal)
STATE OF MINNESOTA )
)ss
COUNTY oF to.fler )
The fbrego
October, 2024. by
WES'IWOOD C()MMUNI'I Y CHURCTI
By'
Its:
ing instrr.rment was acknowledged belbre me this ZLt day of
representing Westwood. the €;r4cu{rve fq?to(
Community Church, a Minnesot non-profit corporation, on behalfofthe non-profit corporation and
pursuant to the authority granted by its Board of Directors
ffi RddB€(ta
l{c{ry Puulc
tllntpsola
llyeniler Egkr 0alil,/2{2t
Notary Public
n(h\la -t.r--
't/
?.ail,.L?p,,./l
Page 3
I:xhibit A
Ron Olson ( onstruction
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Octobcr ll.l0l{
Wgnlmd Chuch
'Jin TL.rs
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Jru. 6ar.rwcstwoodcc org
Rc Estrrtc - Hqt Hanr
l0l0 W 78! St
Chtlrrra" l'$l
DcooLtro rd rcmtrl of housc trr:ge rEucturr
ulu&ng fcudrtoo- drrcorct ed crp ictl'cr a'ltt
Page 4