Marian Hills 2nd Addition - Lot 2, Block 1 AGREEMENT 1'316 520 533435
REPAIR AND MAINTENANCE OF UTILITY MANHOLE SUPPORTIVE
STRUCTURE (RETAINING WALLS) UNDERTAKING BY PROPERTY OWNER
THIS AGREEMENT made and entered into this . : day of � 6 , 1979
between DAB Investments, Inc. , hereinafter referred to as "Owners", fee owners
of Lot 2, Block 1 Marian Hills 2nd Addition; and the City of Fridley, County
of Anoka, Minnesota, hereinafter referred to as the "City".
WHEREAS, the City permitted the Owners to re-grade the elevation of the
property with the understanding that the utility manhole be supported by a
retaining wall constructed by the Owners.
WHEREAS, in return, the Owners agree to maintain and repair the above
referenced retaining wall as the need arises.
THEREFORE, it is agreed the Owners will provide immediate and continued
maintenance of the supportive structure (retaining walls) on Lot 2, Block 1,
Marian Hills 2nd Addition, and shall eliminate thereon hazards to safety and
condition of disrepair and unsightliness and shall hold the City harmless of
any liability or damages consequent upon, resulting from, growing out of, or
in any manner connected with the supportive structure on the above referenced
property.
FURTHER, IT IS MUTUALLY AGREED that the provisions of this agreement
shall be binding upon and enforceable against the parties hereto, their suc-
cessors and assigns and all subsequent owners of the property here described.
An executed copy of this agreement shall be filed with the Anoka County Re-
corder's Office and made a part of and be binding upon the above described
property.
IN WISS WHEREOF, the. parties hereto have hereunto set their hands
this 2 ` day of ,/ '1 (- , 1979.
DAB INVESTMENTS, INC.
A Minn5s41 Corp ration
Richard D. DeGardner - resident
State of Minnesota) ss
County of Anoka
On this day of , 1979, before me, a Notary Public within
and for said County, personally appeared Richard D. DeGardner, to me per-
sonally known, who, being duly sworn did say that he is the President of the
Minnesota corporation named in the foregoing instrument, and that said instru-
ment was signed in behalf of said corporation by authority of its Board of
Directors and said Richard D. DeGardner acknowledged said instrument to be the
free act and deed of said corporation.
t. ;�c ) -
Notary -Public
4
Page two
• AGREEMENT BETWEEN DAB INVESTMENTS, INC. AND THE CITY OF FRIDLEY
-
' CITY OF FRIDLEY
/ /1
MI'yor - Willia . Nee
p1 ..
/C Manager - Nasim M. Qureshi
State of Minnesota)
County of Anoka ) ss
On this , day of j1L k.:•c,'s ; , 1979, before me, a Notary Public within
and for said County, personally appeared William J. Nee and Nasim M. Qureshi ,
to me personally known, who, being each by me duly sworn they did say that
they are respectively the Mayor and the City Manager of the City of Fridley,
the municipal corporation named in the foregoing instrument, and that the
seal affixed to said instrument is the corporate seal of said municipal cor-
poration, and said William J. Nee and Nasim M. Qureshi acknowledged said ins-
trument to be the free act and deed of said municipal corporation.
Notary Public
This instrument drafted by: City of Fridley
6431 University Avenue N.E.
Fridley, MN 55432
NTERED
6,14,4 92
Auditor,Anoka Cou
COY
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