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PINES MOBLIE HOME COURT .. ~ AGREEMENT PERTAINING TO THE USE AND OPERATION OF THE PINES MOBILE HOME COMMUNITY IN THE CITY OF HOPKINS WHEREAS, The Pines Incorporated, a Minnesota Corporation, is the record owner of the following premises situated in the City of Hopkins, Hennepin County, Minnesota, described as follows: That part of the Southeast 1/4 of Southeast 1/4 of Section 23, Township 117, Range 22, described as follows: Commencing at a point in a line parallel to and 660 feet West at right angles from the East line of said subdivision which point is 689.3 feet measured along said line Northerly from the intersection of said line with the northerly line of the right-of-way of the Chicago, Milwaukee and St. Paul Railroad Company, thence West at right angles 291 feet; thence North at right angles to the North line of said subdivision; thence East along the North line of said subdivision to a point in a line parallel to and 660 feet West at right angles from the East line of said subdivision; thence southerly on an extension of the last mentioned line to the point of beginning. WHEREAS, said premises are presently used as a residential trailer Court known as the Pines Mobile Home Community; and, . WHEREAS, said premises are mainly used an operated as a residential trailer court, portions of which are rented or leased to tenants who locate their own movable mobile home trailers thereon to be used as residences; and, WHEREAS, said premises thus used need and require certain regulations and duties for the promotion of health, safety and general welfare of the residents and residences located thereon, and of the general public, and WHEREAS, the Pines, Incorporated desires to receive a Zoning Variance from that part of the Hopkins Zoning Ordinance wldch regula~.s mobile home parks. NOW THEREFORE, in consideration of the above mentioned, the said Pines Incorporated, hereinafter referred to as the Pines as party of the first part and The City of Hopkins hereinafter referred to as the City as party of the second part do hereby agree to do and perform as follows: . A. The Pines shall prepare and file with the City a plot plan of said trailer court which plan will provide in sufficient detail as required by the City the location of all trailer plots, streets, off-street parking areas and such other information as may be requested by the City from time to time. B. Each parking plot shall contain not more than one mobile home trailer and shall provide, have and maintain at least the following conditions and requirements therewith: 1. A front setback from the street or roadway of not less than two (2) feet; J t 2. A rear setback from the lot line presnetly occupied by a mobile home trailer located thereon at the date of this agreement of not less than one and one-half (l~) feet, and a setback of not less than three (3) feet for any new mobile home trailers moved onto said premises after the date hereof. 3. A separate side yard of not less than ten (10) feet in width on each side of any and every mobile home trailer which area may be shared jointly with an adjacent contingent trailer house and of which width at least two feet shall be provided by one of such adjoining trailer premises. C. All streets within said park shall be not less than 15 feet wide and designated as a fire lane with no parking permitted on ay part of such street. D. All dwelling units shall be subject to a maintenance code of dwelling units which shall be enforced by the owner of the Park and shall be subject to review and approval of the City. E. All mobile homes moved into the park shall comply with the requirements of Minnesota Statutes 327.31 through 327.34. All mobile homes moved into the park shall bear the seal of approval as stated in Minnesota Statutes 327.32. Application for dwelling unit move-in shall be submitted to the City of Hopkins Inspection Department for approval prior to the actual move-in. . F. An occupant of any dwelling unit wishing to undertake any improvement to a structure or construct an accessory building or structure shall first receive written approval of the Park owner and a building permit from the City Inspection Department. G. Each lot containing a dwelling unit shall at least have a concrete or asphalt off-street parking area for one vehicle. Such parking area shall be a minimum of 9' x 20', not less than 2' from any dwelling and not located in any lot setback. For any lot on which off- street parking is not to be provided, off-street parking space meeting the above requirements shall be provided within 150' of the unit it is designated to serve. All other common parking areas shall be concrete or asphalt. H. The Park shall meet all other applicable requirements of Minnesota Statutes 327 and all applicable rules and regulations of the Department of Health. I. Each mobile home plot shall provide an area bordering its boundary lines which area shall be not less than two (2) feet wide along the front street and three (3) feet wide along the rear plot line for units moved into the Park subsequent to the execution of this agreement and one and one-half (l~) feet for existing units located in the Park, and not less than ten (10) feet on each side of said premises, which ten (10) feet may be composed of the side yard provision herein-above set forth. . J. The Pines shall be solely and fully responsible and liable for any construction, maintenance, use, operation and repairs including snow removal and other obstructions on all roadways, lanes, paths and utilities in and on said Pines Trailer Court premises. K. The Pines Trailer Court Improvement Plan, marked Exhibit "A" and attached hereto is an integral part of this contract and may be amended from time to time upon agreement of both parties. ... J .. . . L. This Agreement shall be binding on the Pines, heirs, successors, and assigns. M. That part of the Hopkins Zoning Ordinance, Section 427.33 (1) shall not apply to the Pines Trailer Court for so long as the Pines complies with the above conditions A through L. N. Upon an adjudicated finding of intentional non-compliance without reasonable excuse of this agreement by the Pines, the Pines shall reimburse and/or pay any and all of the City's legal or attorneys fees and expenses which may be incurred in the enforcement of this Contract or adjudication of the breach. /' DATED: THE PINES, INCORPORATED CITY OF HOPKINS