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Fence Agreement AGREEMENT WHEREAS, Shirley Ann Bishop, hereinafter referred to as the Party of the First Part, and the City of Fridley, hereinafter referred to as the Party of the Second Part, desire to enter into the following Agreement; and WHEREAS, the Party of the First Part states that she is the owner of record of the real property located at 5417 Altura Road N.E. in the City of Fridley, County of Anoka, State of Minnesota; and WHEREAS, the Party of the First Part and the Party of the Second Part agree that a fence, according to the attached specifications, shall be constructed under the following conditions: NOW, THEREFORE, it is hereby agreed as follows: (1) That the cost of the said fence shall be divided equally between the Party of the First Part and the Party of the Second Part. (2) That the bids for said fence as received by the Party of the Second Part shall be reviewed by both parties hereto, and said parties shall reach a mutual agreement regarding the bid choice. (3) That the Party of the First Part shall submit a certified check for one-half (2) of the total cost of the fence, payable to the City of Fridley, prior to the awarding of the contract for the construction of said fence. Said check shall be submitted to the Party of the Second Part. (4) That said fence shall be constructed solely upon the real property of the Party of the First Part. (5) That said Party of the First Part shall be responsible for the continual maintenance of said fence. (6) That the said Party of the First Part shall advise and inform any and all future buyers of the real property located at 5417 Altura Road N.E. , -2- Fridley, of this Agreement with the Party of the Second Part. (7) That after said fence has been installed upon said property, the Party of the Second Part shall have no further obligation in regard to the fencing between the real property at 5417 Altura Road N.E. , and Altura Park. DATED this 4 day of g, , 1977. `� /. .� •'� �i 2J�` �' a,,, ,,\(------- . z,, 1�.�x , CITY OF FRIDLEY Shirley Ann shop Its:e, e.,, I ts:,,, .,,., WITNESS: (3.2 : e--e- e .4--. /' d- ADDENDUM WHEREAS, this Agreement shall be an Addendum to the original Agreement made between Shirley Ann Bishop, party of the first part, and the City of Fridley, party of the second part, dated April 8, 1977; and WHEREAS, it was stated in said Agreement that the fence in question would be constructed solely upon the real property of the party of the first part; and WHEREAS, the said fence is actually constructed upon the real property of the party of the second part, at the insistence of Mr. Robert Bishop, contrary to the provisions of the April 8th Agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: (A) That Provision 4 of the April 8th, 1977 Agreement shall hereinafter read as follows: (4) That said fence has been constructed upon the real property of the party of the second part. That the party of the first part hereby agrees to be responsible for the continual maintenance of said fence as previously agreed, although said fence has been installed upon the real property of the party of the second part. (B) That all other provisions contained in said April 8th, 1977 Agreement shall not be changed and shall continue to be in full force and effect. DATED this ? 7 day of % _ , , 1977. / f`Ck if l `;t_._ ?_� . = CITY OF FRIDLEY Shirley Ann, i s�iop, Party of the irt.VPart I is 67,c2t7, Its