Special Use Permit .
9S3432
AGREEMENT
THIS AGREEMENT, dated wylj q , 1992, by and
between Steven A. Lipa and Antoinette M. Lipa, husband and wife
(hereinafter referred to as "owners") , and the City of Fridley
(hereinafter referred to as "the city") .
WHEREAS, the owners own residential real estate in the city
located at 7995 Riverview Terrace and legally described as
follows:
Lots 22-23, Block W, Riverview Heights,
(hereinafter referred to as "the subject property") ; and
WHEREAS, said property is located within the CRP-2 Flood
Fringe district; and
WHEREAS, the owners are interested in constructing a single-
family dwelling unit on their property; and
WHEREAS, the construction involves a non-habitable utility
area and crawl space which will be at an elevation below the
regulatory flood plain elevation; and
WHEREAS, the city has agreed to issue a special use permit
allowing the construction upon certain conditions.
NOW, THEREFORE, in consideration of granting the special use
permit, Steven A. Lipa, Antoinette M. Lipa, their heirs,
successors and assigns hereby covenant and agree as follows:
1. That the utility area and crawl space shall not be
altered without approval from the city.
2 . That the utility area and crawl spaces, which are below
the regulatory flood elevation, shall not be used nor made usable
ii
1
as a habitable space as defined in the city's building code.
3 . That they shall hold the city harmless for any injuries
or damages to property by reason of the construction of the
addition below the regulatory flood plain.
4. Steven A. Lipa, Antoinette M. Lipa, their heirs,
successors and assigns shall defend the city against any and all
claims arising as a result of construction within the flood
plain. The city may defend and charge the costs of such defense
against Steven A. Lipa, Antoinette M. Lipa, their heirs,
successors and assigns, and assess such costs against the subject
property if adequate and timely defense is not commenced on the
city's behalf.
5. Steven A. Lipa, Antoinette M. Lipa, their heirs,
successors and assigns agree to promptly pay any sums due under
this agreement.
The city may pursue judgments to collect the amounts owing
under this agreement and if said sums are not promptly paid, the
city may assess the costs against the subject property.
CITY kik.04.142.4•1."O F FRIDLLEY
BY:
William W. Burns
Its City Manager
Steven A. Lipa (hose: d)
et� m.
Antoinette M. Li a (wife)
•
STATE OF MINNESOTA)
ss.
COUNTY OF r )
u
The foregoing instrument was acknowledged before me this
8-{-k day of , 1992, by Steven A. Lipa and Antoinette
M. Lipa, husb nd and wife.
Notar, .. i A.4,A,,,,m,,,A r
= EVELYN A. PUPGAfD
?.*.._t.1% NOTARY PUBLIC—MINNESOTA
k" HENNEPIN COUNTY
7,,:v-," My Commission Expires Nov.9,1994
if-9,
STATE OF MINNESOTA)
) ss.
COUNTY OF ANOKA )
The fore oing instrument was acknowledged before me this
/f day of , , 1992, by William W. Burns, City Manager
of the City - Fridley.
otary Public
ROBERTA GOWNS
iZNOTARY PUBLIC•MINNESOTA
. ANOKA COUNTY
My Comm Exp.Oct.21,1993
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