8.2. SR 10-02-2017 - Laserfiche WebLink

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PROOF OF PARKING AGREEMENT THIS AGREEMENT(“Agreement”),made and entered into this ______day of ____________, 2017, by and between ELK RIVER LODGE AND RESIDENTIAL SUITES, LLC,(“Grantee”) and CITY OF ELK RIVER,a Minnesota municipal corporation (the “City); A.Grantee is the fee owner of certain real property (“Property”) located in the City of Elk River, County of Sherburne, State of Minnesota, legally described on ExhibitAattached hereto and hereby made a part hereof; and B.Grantee proposes to establish an apartment use on the Property (“Project”), including parking to be used in connection therewith (the Project and the parking being hereinafter called the “Improvements”); and C.The Property currently has forty-seven (47) parking spaces on site; and D.City Code requires 90 parking spaces for the Project; and E.On July17, 2017, the City Council granted a variance (Case No.V17-02) allowing the Project to proceed with 71 parking spaces; and F.Grantee has submitted to the City a parking plan prepared by _______________ __________________ dated ___________________, 20___ (“Plan”),which provides for a total of 71 parking spaces, in compliance with the approved variance, to be constructed on the Property; and G.A copy of the Plan is on file with the City and the Plan is hereby incorporated herein by reference; and H.Grantee is of the opinion that 71 parking spaces are not required for the operation of the Project and Improvements, and has requested from the City Council a temporaryparking defermentvarianceallowing the construction of the proposed Project with five additional parking spaces being added at this time and the remaining 20 parking spaces being added only if needed in the future; and I.The City Council did, on July17, 2017, grant the request upon the conditions hereinafter set out in this Agreement, which the City deems necessary to impose to ensure compliance with the applicable City ordinances and to protect adjacent properties; and J.Grantee is agreeable to the granting of the temporary parking defermentvariance subject to the conditions hereinafter set out, and is willing, and represents that it has the power and authority, to enter into this Agreement. NOW THEREFORE,in consideration of the granting by the City of the above requested Parking defermentvariance, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: