4.16 SR 06-20-2022 - Laserfiche WebLink

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PROOF OF PARKING AGREEMENT THIS AGREEMENT ("Agreement"�, made and entered into this 20th day of June, 2022, by and between HILLSIDE HEIGHTS LIMITED PARTNERSHIP, ("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 Exhibit A attached 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 Project currently proposes one hundred (100) parking spaces on site; and D. City Code requires one hundred thirty (130) parking spaces for the Project; and E. Grantee is of the opinion that 130 parking spaces are not required for the operation of the Project and Improvements, and has requested from the City a variance allowing the construction of the proposed Project with one hundred (100) parking spaces being constructed at this time and the remaining thirty (30) parking spaces being added only if needed in the future; and F. On May 24, 2022, the Board of Adjustments granted a variance (Case No. V 22- OS) allowing the Project to proceed with 100 parking spaces at this time, on condition that the remaining 30 spaces be added if needed in the future; and G. Grantee has submitted to the City a parking plan prepared by Civil Site Group dated April 24, 2022 ("Plan"), which provides for 100 parking spaces to be installed at this time, in compliance with the approved variance, and the location of the additional 30 spaces; and H. A copy of the Plan is on file with the City and the Plan is hereby incorporated herein by reference; and L The City Council did, on June 20, 2022, grant the requested parking variance 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 parking variance subjectto 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 variance, and of the mutual covenants and agreements hereinafter contained, it is hereby agreed by and between the parties hereto as follows: 1