HomeMy WebLinkAbout1808LICENSE AND AGREEMENT
THIS LICENSE AND AGREEMENT, Made this day of October ,
1974, between EDINA PROPERTIES, INC., a Minnesota corporation (herein called
"Grantor "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA,
a body politic and corporate under the laws of the State of Minnesota (herein
called "Grantee "), WITNESSETHs
That Grantor, in consideration of the sum of One dollar ($1.00),
and other good and valuable consideration to it in hand paid by Grantee,
the receipt and sufficiency whereof is hereby acknowledged, does hereby
grant, bargain, sell, convey, and warrant unto Grantee, its successors and
assigns, the sole and exclusive right and license to use the walls of any of
the buildings presently situated on the property described in Exhibit B at-
tached hereto and hereby made a part hereof that abut or adjoin the strip
of land ( "Easement Area ") described in Exhibit A attached hereto and hereby
made a part hereof, to the extent deemed necessary or desirable by Grantee
for the purpose of installing, reinstalling, maintaining, repairing, and
altering signs of a public nature, and a lighting system for the Easement
Area, such signs and lighting system to be of such quantity, and of such kind,
design, and quality as Grantee from time to time shall determine.
Grantor and Grantee, for themselves and their respective successors
and assigns, for the foregoing considerations, further agree (Grantee so
agreeing by acceptance hereof) with respect to the right and license above
granted as follows:
1. This license may be revoked and terminated at any time by
Grantor upon written notice to Grantee, which notice shall specify the date
upon which this license shall terminate, but which date shall not be earlier
than ninety (90) days after the date such notice.is given.
2. Any and all signs and lighting equipment placed on the walls
of any buildings pursuant to this license shall be and remain the property
of Grantee and may be removed and replaced at any time and from time to time
by Grantee.. Grantee agrees to repair promptly any and all damage done to
any wall as a result of or n connection with the use thereof by Grantee
for any of the purposes allowed by this license.
3. If, on the date of termination of this.license, Grantee has
not removed all of its signs and lighting equipment, then all of such signs
and lighting equipment not so removed shall become the property of Grantor
and may be removed and disposed of as Grantor sees fit, without compensation
to Grantee, and without any liability of Grantee for any costs incurred by
Grantor in connection with such removal and disposal.
4. All notices, reports, or demands required or permitted to be
given under this Agreement shall be in writing and shall be deemed to be
given when delivered personally to any officer of the party to which notice
is being given, or when deposited in the United States mail in a sealed
envelope, with registered or certified mail postage prepaid thereon, addressed
to the parties at the following addresses:
To Grantor: 1450 West Lake Street
Minneapolis, Minnesota 55408
To Grantee: 4801 West 50th Street
Edina, Minnesota 55424
Attention: Executive Director.
-2-
Such addresses may be changed by either party upon notice to the other party
given as herein provided.
5. Grantee herein, at any time, may transfer and assign all of
its rights and obligations under this license to the City of Edina, and
Edina shall agree, in writing, to assume all of the obligations of Grantee
herein. A duly executed copy of such transfer and assignment, and assumption,
shall be given to Grantor. Upon giving such copy to Grantor, Grantee herein
shall have no further obligation hereunder to Grantor, its successors or
I
assigns.
IN WITNESS WHEREOF, Grantor has caused this instrument to be
executed the day and year first above written.
EDINA QVE tIES, INC
by
Its Pr.— __'`_- cf h a i r r" a rl
and
Its "SKc, vr, t ate_
ff9m
EXIIBIT A
That part of Lot 28 lying north of a line drawn 119.9
feet north of and parallel with the -south line of said
Lot 28, the south 3 feet of Lot 29, and that part of
the east 1 foot of Lot 30 lying . north of a line drawn
parallel with and 119.9 feet north of the south line
of said Lot 30 and south of a line drawn parallel with
and 147 feet south of the north line of said Lot 30,
all in Auditor's Subdivision No. 172, Hennepin County,
Minnesota, according to the plat thereof on file and.'
of record in the office of the Register of Deeds,
Hennepin County, Minnesota.
EXHIBIT B
Lot 28, the South three (3) feet of Lot 29, and that
part of the East one foot of Lot 30 lying south of a
line dram parallel with and 147 feet south of the
North line of said Lot 30, all in Auditor's Subdivision
Number 172, Hennepin County, Minnesota, according to the
plat thereof on file and of record in the office of the
Register of Deeds, Hennepin County, Minnesota.
-
I
-
I `
Warranty peed. n wx Millcr -Davis Co., Minneapolis
W Uorporation. """ ""' "" Minnesota Uniform Conveyancing Blanks
Tbie; 3nbeuture, made this ...... .............................. .......................day of...........! Y......................... 1915:,
between..................... RDINA-F ROPFRTIE S.,.- INI C. .......... . .... . ...... ...................... .......................................................................................................
a corporation under the lazes o the State o N3nnesotlt
P f f ........... ............................... , party of the first part, and
HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a body politic and corporate
x�ex7I= under the laws of the State of :.................. Mingnesota.................................. , party of the second part,
fitnel5l5etb, That the said party of the first part, in consideration of the sum of....�e ... ollar...OltQo)
anct...other...Sood and valuable , consideratiaa....- ...............-..................-.--.'............. -.'.......'.-....- .......'-itS; to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does
hereby Grant, Bargain, Sell, and Convey unto the said party of the second part, its successors and assigns.
Forever, all the tract......... or parcel ......... of land lying and being in the County of ............. HaWAPIA .......................
and State of Minnesota, described as follows, to -wit:
All of Lot 30, Auditor's Subdivision Number 172, Hennepin County, Minnesota,
except the East 1 foot thereof and except that part of Lot 30 lying South of
a line drawn parallel with and 119.90 feet North of the South line of said
Lot 30.
Subject to an easement for street purposes over the North 7.5 feet of the
above described tract.
'Co Jbabe anb to Jbolb tbt *ame, Together with all the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, to the said party of the second part, its successors and assigns, For-
ever. Ind the said....... Edina.. Properties.... Iac ....................................................................................................... ...............................
............................................................................................................................................................................................................................ ...............................
party of the first part, for itself and its successors, does covenant with the said party of the second part,
its successors and assigns, that it is well seized in fee of the lands and premises aforesaid, and has good
right to sell and convey the same in manner and form aforesaid, and that the same are free from all
incumbrances........................................................................................................................................................................................ ...............................
This Instrument is Exempt
from State Deed Tax.
.lnd the above bargained and granted lands and premises, in the quiet and peaceable possession of the
said party of the second part, its 'successors and assigns, against all persons lawfully claiming or to
claim the whole or any part thereof, subject to ineumbrances, if any, hereinbefore mentioned, the said
party of the first part will TVa-ITant and Defend.
3n Xettimonp Nbereof, The said first party has caused these
presents to be executed in its corporate name by its..,RXD .... at -f M
Rj: *W"t and its..... . = : J.
be the day and year first above written.
PPA-1P .......:........ IRS a ................. INC.
�.. ... ........ r . .......................
..r .. ....... .............
its ....0 r L/
..............J.4 .7.. r ... :�:.....,......1.:.............
Its......... . x:. ...L ? -.1 ... ............
fkate of Anntg;ota,
County of........... .. Hell1 28PS a. ...... .. .. ................. ............
The forefoinf instrument was acknowledged before me
this... ..day of ...............14 4y............ ..............................1 197.5............,
by... . ./.. . ... . . .. .. ...... ...............................
N
OFFICER OR AGENT TITLE OF OFFICER OR AGENT
andby..... ........ ...............- ..........:... :.......... )... ...............................
...........p........... .....
(NAME OF OFF R OR AGENT, TITLE OF OFFICER OR AGENT)
of ...........EDINA... P"Ba.m y....I= - ......................................................................................................................................... ...............................
(NAME OF CORPORATION ACKNOWLEDGING)
a ................. Xl= *S ta................................................. ............................... ...................corporation, on behalf of
(STATE OR PLACE OF INCORPORATION)
�- (SIGNATURE OF PERSON TAKING ACKNC
VAAAAitIl AAA-AAdAAAAAAAA'AAAA&A"
THIS INSTRUMENT WAS DRAFTED BY LYNNATET�6,ARf-N`NYE
NOTARY PUBLIC . MINNESOTA
�I Wlad y HENN p)'N "'CeUNT ""'
(Name) f
My Commi�sinn Expires Apr. 30, 1
Z x vVv G'�"J� �?GYtl I�YG� �P� Ptl v�l VW1P
Minn"-polls, Minuezot8 5062 SS)
corporation.
.......................... .
LEDGMENT)
As...............................
o
z
y
T3
❑
o
:C�
e
o
H
0
F
`�
o
[�
o
w
w
r.
O
bc�
M
It
y
a
p
t � :
r�
Z�
y
'OI,
N
r�
v
�
N `�
N
� ❑ "
y
C9 �
•u
V
ti C
O C3 r
4 ti
00
EASEMENT
THIS EASEMENT, Made and entered into this 0 day of July, 1975,
by and between HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a
body politic and corporate under the laws of the State of Minnesota, herein
referred to as "Grantor ", and EDINA PROPERTIES, INC., a Minnesota corporation,
herein referred to as "Grantee ";
WITNESSETH THAT:
WHEREAS, Grantee has this date sold and conveyed to Grantor the
following described premises (hereinafter referred to as the "Subject Premises "),
to -wit:
All of Lot 30, Auditor's Subdivision Number 172, Hennepin
County, Minnesota, except the East 1 foot thereof and
except that part of Lot 30 lying South of a line drawn
j parallel with and 119.90 feet North of the South line of
said Lot 30.
WHEREAS, Grantee is the fee owner of the following described premises
(hereinafter referred to as the "Benef itted Premises "), to -wit:
Lot 28, and the South 3 feet of Lot 29, and that part of
the West 65 feet of Lot 30 lying South of a line drawn
parallel with and 119.90 feet North of the South line of
said Lot 30, and the East 1 foot of the Southerly 133
feet of Lot 30, all in Auditor's Subdivision Number 172,
Hennepin County, Minnesota.
P WHEREAS, In partial consideration for the conveyance by Grantee to
f Grantor of the Subject Premises, Grantor has agreed to grant this easement to
Grantee.
NOW, THEREFORE, In consideration of the premises, Grantor does
f.
hereby grant, bargain, sell and convey unto Grantee the following easements
over the Subject Premises, for the benefit of the Benef itted Premises, on the
following terms and conditions:
1. An easement to maintain, repair, and reconstruct the downspouts
now existing on the building located on the Benefitted- Premises, so long as
such building shall exist.
2. An easement to temporarily use from time to time so much of the
Subject Premises as may be necessary to place ladders and other equipment
thereon for the purpose of maintaining and repairing any building now or here
after located on the Benef itted Premises.
3. A perpetual easement to maintain, repair, construct, and recon-
struct the footings and foundation of the build ng located on the Benefitted
Premises to the extent the same may extend into the Subject Premises, including
the right to use such footings and foundation f r the construction of any
building hereafter erected on the Benef fitted Pr ises, and the right to enter
upon the Subject Premises, and to use and distu b so much of the surface
thereof and improvements, including shrubbery, trees and other landscaping
materials thereon, as is necessary for the pur ose of such maintenance, repair,
construction, or reconstruction.
4. An easement to maintain and repa r any window wells that encroach
upor. the Subject Premises, provided, however, hat Grantee, at "the request of
Grantor, shall cover such window -wells with a rate or other covering as
designated by Grantor, and Grantee shall maint in such window -wells and
coverings and keep them in good condition and state of repair at all times, at
Grantee's sole cost and expense.
5. Any and all disturbance of and amage to the surface of the
Subject Premises and any improvements, includ ng shrubbery, trees and other
landscaping materials thereon, shall promptly be repaired and replaced by
Grantee at its sole cost and expense, to as n arly as possible the condition it
was in prior to such disturbance or damage. ny use of the surface of the
Subject Premises hereby allowed shall be done in such manner as to interfere as
little as possible with the use thereof by Gr ntor and the public, and shall be
limited only to such area and such time perio as is required for accomplishment
of the purposes for which such use is allowe pursuant hereto.
-2-
6. If Grantee should fail or refuse t promptly repair and replace.
any disturbance or damage as required by paragra h 5 hereof, or to promptly
cover and maintain the window -wells pursuant to aragraph 4 hereof, then
Grantor may do such repair and replacement work, and such covering and mainten-
ance, and charge the costs thereof to Grantee, i cluding reasonable attorneys'
fees incurred in so doing, and including interest at 8% per annum on such costs
from the date incurred until paid, which costs, ith interest, shall be payable
on demand and shall be recoverable in a civil s it, and Grantee also agrees to
pay reasonable attorneys' fees incurred in reco ering such costs and interest,
whether suit be brought or not.
7. Grantee shall hold Grantor harmle s from and indemnified against
any and all loss, cost, damage, and expense, in luding attorneys' fees, due to
any claim arising out of or claimed to arise ou of any willful or negligent
act by Grantee, or Grantee's agents, employees, or representatives, in connection
with the use of any of the easements or the exe cise of any of the rights hereby
granted.
8. The easements hereby granted, an the rights and duties herein
set outs. shall run with the title to the Subjec Premises and Benefitted
Premises and be binding on and inure to the ben fit of the respective heirs,
representatives, successors and assigns of Gra tee and Grantor.
IN WITNESS WHEREOF, Grantor has caus d these presents to be duly
executed the day and year first above written.
HOUSING ANI REDEVELOPMENT AUTHORITY
OF EDINA, MINNESOTA
By l� 1SLl�i�uh J�
Charles W. Freeburg, Its Chai
And
This Instrument is Exempt From State
-3-
a W. Rixe, Its Secretary
Deed Tax
r
t .
STATE OF MINNESOTA)
) SS.
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this iL ' day
of July, 1975, by CHARLES W. FREEBURG, Chairman, and LAWRENCE W. RIXE,
Secretary, of the Housing and Redevelopment Authority of Edina, Minnesota,
a body politic and corporate under the laws of the State of Minnesota, on
behalf of said Authority.
[Notary Seal]
4=1 Notary Public
LYNNAE CAROL NYE
r NOTARY PUBLIC • MINNESOTA
i HENNEPIN COUNTY
� • ' My Commis<inr Froires Apr. 30, 1981 .
This jr&>kuk,sk,>at was crafted by
hUnneepaiK R}wesft