Agenda - Council - 05/12/2020 - Laserfiche WebLink

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8. On May 4, 2020, the CITY spoke with the PERMITTEE's daughter and outlined the process required for utilizing the Temporary Dwelling on the Subject Property during the repair work on the fire -damaged home. 9. That the PERMITTEE anticipates needing the Temporary Dwelling on the Subject Property for approximately two (2) months. 10. That the Subject Property is currently in foreclosure. Agreement 1. The PERMITTEE shall site the Temporary Dwelling on the Subject Property in compliance with all setbacks in the R-1 Residential (Rural Developing) District. 2. The PERMITTEE shall connect the Temporary Dwelling to water, electricity and wastewater (private septic system) for the health, safety and wellbeing of the occupants. 3. The PERMITTEE shall property disconnect the Temporary Dwelling from all utilities and removed from the Subject Property within thirty (30) days of the issuance of a Certificate of Occupancy for the existing home or by August 31, 2020, whichever occurs first. 4. The PERMITTEE shall provide the CITY with an escrow in the amount of $2,000 to ensure that the PERMITTEE removes the Temporary Dwelling as prescribed in Section 3 above. The CITY may use this escrow to remove the Temporary Dwelling or pursue legal action to force the removal of the Temporary Dwelling. 5. The PERMITTEE agrees that the CITY may assess the costs of removing the Temporary Dwelling as a special benefit to the Subject Property in lieu of collecting an escrow as described in Section 4 above. PERMITTEE waives all rights to appeal the special assessment outlined in Minnesota Statutes Chapter 429. 6. Miscellaneous. a. Invalidity of Anv Section. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason invalid, such decision shall not affect the validity of the remaining portion of this Agreement. b. Written Amendments Only. . The action or inaction of the CITY or the PERMITTEE 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 a resolution of the City Council. The CITY'S or the PERMITTEE'S failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. c. Estimated Cost. It is understood and agreed that cost amounts set forth in this Agreement are estimated. The PERMITTEE agrees to pay the entire cost of enforcement of this Agreement related thereto. 2