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Home My WebLink About2358I 192B.1/012789 a Z,3 570 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ( "Agreement "), made this 13th day of March, 1989, between Dayton Hudson Corporation, a Minnesota corporation ( "Dayton ") and SCA, Inc. of Minneapolis, a Minnesota corporation ( "SCA "). RECITALS Dayton owns a parcel of real estate in the City of Edina, Hennepin County, Minnesota, described as Lot 3, Block 7, Yorktown, according to the recorded plat thereof in the Office of the Registrar of Titles in and for Hennepin County, Minnesota (the "Dayton Parcel "), and SCA owns an adjoining parcel described as Lot 1, Block 1, South Edina Development Addition, according to the recorded plat thereof (the "SCA Parcel "). Subject to and on the terms and provisions hereof, Dayton has agreed to grant to SCA a perpetual non - exclusive pedestrian and vehicular access easement across that portion of the Dayton Parcel, as depicted on Exhibit A hereto (the "Easement Area "). iinr.r mrTr• rrnn - 1-I par,- 4 r.^ h to r e u 4 1 1 c . vvrr, J.JCI.L ii.� vii , w:� t+u� �.., a,Er ^c..i ague.. s ,.'J� �C::... 1. Dayton, for itself, its successors and assigns, hereby grants to SCA, its successors and assigns, for the benefit of the SCA Parcel, a perpetual, non - exclusive easement for vehi- cular and pedestrian ingress and egress over and across the Easement Area. 2. SCA will, at its sole cost and expense, to the extent not already in place, construct a paved driveway and related improvements upon the Easement Area. SCA shall submit to Dayton for review and approval plans and specifications for all work to be undertaken pursuant to this Section 2. Dayton shall have thirty (30) days to review and approve or disapprove of such plans. All construction work shall be performed in a good, work- manlike manner pursuant to a schedule approved by Dayton's, with minimal disruption to the Easement Area. SCA shall not permit any mechanics or materialmens liens to attach to the Easement Area as a result of construction work performed pursuant to this Agreement. Upon completion of the improvements contemplated by this Section 2, SCA shall prepare a legal description of the Easement Area and deliver a copy to Dayton's for its review and approval. Upon Dayton's approval of the legal description, SCA and Dayton's shall execute and record an amendment to this Agreement setting forth the legal description of the Easement Area. 3. SCA acknowledges that it has previously inspected the Easement Area and that it is satisfied with the condition thereof. In consideration of the contribution provided for below, Dayton will, at its expense, remove ice and snow from the Easement Area and maintain the driveway and related improvements on the Easement Area in good and clean condition and repair. SCA will pay Dayton One Thousand and No /100 Dollars ($1,000.00) on January 1, 1990 and on the first day of each and every year thereafter as a contribution to such maintenance expenses. To the extent Dayton fails to discharge any obligations under this Section in a timely manner, SCA may after fifteen (15) days prior written notice to Dayton discharge the same and Dayton will reimburse SCA for the reasonable and actual cost of performing such work. 4. SCA will seek to assure that the parking facilities on the Dayton Parcel are not used by users or tenants of the SCA Parcel or their customers, patrons or invitees, by installation of appropriate signage on the Dayton's Parcel if necessary. If_ any such use occurs, and Dayton gives written notice to SCA that the use is detrimental to the use or operation of the Dayton r 2 Parcel, SCA will promptly, at its expense, take such action as may be necessary to prevent such use. 5. Dayton shall have the right to erect temporary barricades across the Easement Area to (i) repair, replace or maintain the Easement Area or (ii) prevent the acquisition of prescriptive rights by anyone. Dayton will attempt to coordinate any such closing with SCA if possible. 6. SCA agrees to indemnify, defend and hold harmless Dayton from any claims for personal injury and third -party claims for property damage arising from use of the Easement Aea or the Dayton Parcel by the owner, tenants, customers, patrons or invi- tees of the SCA Parcel. Dayton shall promptly notify SCA of any claim subject to the provisions of this Section 6 after Dayton receives notice of such claim. SCA shall carry public liability insurance covering the activities of SCA its tenants, customers, patrons or invitees within the Easement Area in the amount of $3 million for injury to a single person, $3 million for injury resulting from a single occurrence and $1 million for damage to property. SCA shall provide a certificate of insurance to Dayton evidencing that the foregoing coverages are in full force and effect upon the commencement of this Agreement and shall provide additional certificates each year with payment of the maintenance fee set forth in Section 2 above evidencing the continuance or renewal of such policy of insurance for the current year. 7. In the event any portion of the Easement Area is taken by condemnation or conveyed in lieu thereof by Dayton, SCA shall release and waive any and all right to any portion of the award received by Dayton from the condemning authority for the taking of the Easement Area. 8. Dayton reserves to itself any and all property and other rights attaching to or forming a part of (i) the land below the surface of the Easement Area (provided that adequate support to the surface of the Easement Area is maintained at all times r 3 for the contemplated use of the Easement Area set forth herein); and (ii) the air space over a vertical height of fifteen (15) feet above the surface of the Easement Area. 9. This Agreement shall run with the land and shall bind and benefit the parties hereto and their respective suc- cessors and assigns. Dayton and each successor owner of the Dayton Parcel shall be liable only for such obligations of Dayton under this Agreement as arise during its period of ownership of the Dayton Parcel, and SCA and each successor owner of the SCA Parcel shall be liable only for such obligations of SCA under this Agreement as a::ise during its period of ownership of the SCA Parcel. Dayton's and SCA shall each ensure that any successor owner of their respective parcels shall assume in writing during such successor's period of ownership the obligations under this Agreement of Dayton's or SCA, as the case may be, effective upon the transfer of such parcel. 10. Any correspondence or notices to be delivered to the parties to this Agreement shall be delivered.certified mail, return receipt requested as follows: If to Dayton: Dayton Hudson Corporation 777 Nicollet Mall Minneapolis, Minnesota 55402 Attn: Real Property Administration With a copy to: Davton Hudson Department Store Company 700 On The Mall' Minneapolis, Minnesota 55402 Attn: Charles F. Zekind Vice President Properties If to SCA, Inc. of Minneapolis: SCA, Inc. of Minneapolis 3510 West 70th Street Edina, Minnesota 55435 Y 4 11. In any action at law or in equity to enforce or interpret this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non- prevailing party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be made as of the day and year first above stated. DAYTON HUDSON CORPORATION LIM Its Utiy2. -Dt- D5C., SCA, INC. OF MINNEAPOLIS'. By /AL Its 5 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) The fore oing instrument was acknowled ?ed' before me this day of " ( 1989, by ,a ? L{6 , the i �� `, ' �"� of Dayton Hudson Comp ration, a Minnesota corporation, on behalf of the corporation. - IsANA M. C� AUL ELD NOTARY PUBLIC - MINNESOTA MY Hwmaw NCOUNT 1.aYi�2 STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) tary Publ c The foregoing instrument was acknowledged befo e this �_ day of /�' -G��. 1989, by w &&-U1, , the P of SCA, Inc. of Minneapolis, a Minnesota corporation, on behalf of the corporation. This document drafted by: Dayton Hudson Corporation 777 Nicollet Mall Minneapolis, MN 55402 r �.. of ry Public 6 P D;.�,; ri E or o� �J s2 •- 3 oa Zp7 a' 0 t r� ,i EXHIBIT A SERVICE 8 SCREEN THEATE I i f 1 SURFACE PARKING: 299 CAF TOTAL PARKING: 914 CARS FRANCE AV