18-77 - 12-04 - Amend Agreement with O & S Incorporated RESOLUTION NO. 18-77
RESOLUTION TO AMEND AGREEMENT WITH O & S INCORPORATED
AND ITS SUCCESSORS IN INTEREST
WHEREAS, the City Council for the City of Golden Valley has debated the
restrictions contained in the Agreement between O & S Incorporated and the City of Golden
Valley dated July 16, 1973 and amended by the First Amendment to the Agreement dated
September 17, 1973 and the Second Amendment dated August 5, 1974 (collectively, the
"Agreement"); and
WHEREAS, the Agreement covers the following described tracts of land:
Lot 13 and the Northwesterly 85.00 feet of Lot 9, also the northeasterly 40.00 feet of the
northwesterly 110.00 feet of Lot 12 and that part of Lot 12 lying southeasterly of the
northwesterly 110.00 feet thereof, also the northeasterly 65.00 feet of Lot 1 and that part of
Lot 2 lying southeasterly of the northeasterly extension of the southeasterly line of the
northwesterly 90.00 feet of Lot 6 all in the plat of Lindsay's Second Addition, Block 1,
according to the recorded plat thereof, Hennepin County, Minnesota.
WHEREAS, the Agreement contains a deed restriction which prohibits use of the
property for anything other than "parking passenger vehicles and automobiles auxiliary to
and directly related to the use of Proponent's business premises across Zane Avenue
North therefrom" (the "Restrictions"); and
WHEREAS, the City Council finds that it is in the City's best interest to expand the
permitted uses of the property beyond those currently allowed by removing the
Restrictions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Golden
Valley that said Agreement be amended to terminate the Restrictions, that the City Attorney
is authorized and instructed to prepare an amendment to the Agreement terminating the
Restrictions, and that the Mayor and City Manager are hereby authorized to sign said
amendment.
Adopted by the City Council of Golden Valley, Minnesota this 41h day of December, 2018.
Shep rd M. Harris, 9ayor
ATTEST:
Kristine A. Luedke, City Clerk