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Home My WebLink About2513,ylp Form No. 51- M- SATISFACTION OF MORTGAGE By Corporation or Partnership Satisfaction of Mortgage Date Minnesota Uniform Conveyancing Blanks (1986) Miller -Davis Co., St. Paul, MN THAT CERTAIN MORTGAGE owned by the undersigned, a municipal corporation under the laws of Minnesota , dated March 4 executed by 50th & France Office Building Partnership (Year) - as Mortgagor, to , as Mortgagee, and filed for record March 8 1977 , as Document Number 1211068 (Year) (or in Book of Page ), in the Office of ❑ (County Recorder) m (Registrar of Titles) ofN_ennenin County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. STATE OF MINNESOTA COUNTY OF HENNEPIN SS. CITY OF EDINA By v h �—� ., -- — Its MayorA By-- - - - - -- Its G r/ 0AW -- The foregoing instrument was acknowledged before me this day of �eP�I�YYL fj.Q�" , ( ear) by and 0 L the and - - -_ _ - -- of City of Edina , a municipal corporation under the laws of Minnesota , on behalf of the corporation THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Donald D. Smith Thomsen & Nybeck, P.A. 3300 Edinborough Way Suite 600 Edina, MN 55435 612 - 835 -7000 102349 / / V SIGNATURE OF PERSON TAICING ACVOWLEDGMENT NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): a ei 1:9 JOYCE G. REPYA NOTARY PUSUC - MINNESOTA My Comm Expires Jan. 31, 2000 ■ • jilp Form No. 51 -M— SATISFACTION OF MORTGAGE Minnesota Uniform Conveyancing Blanks (1986) Miller -Davis Co., St. Paul,. MN By Corporation or Partnership Satisfaction of Mortgage Date: THAT CERTAIN MORTGAGE owned by the undersigned, a municipal corporation under the laws of Minnesota , dated March 4 71977 (Year) executed by 50th & France Office Building Partnership -- -._ - -_ as Mortgagor, to City of Edina ----- - -_ - -- _ , as Mortgagee, and filed for record March 7 1977 , as Document Number 4269844 ------ (Year) (or in Book of Page ), in the Office of m (County Recorder) ❑ (Registrar of Titles) of Hennepin County, Minnesota, is, with the indebtedness thereby secured, fully paid and satisfied. CITY OF EDINA By - -- Its Ma r n By STATE OF MINNESOTA Its G COUNTY OF HENNEPIN SS. The foregoing instrument was acknowledged before me this ay of__!� Y a by and ,/lJ the /jj/1 /AiYY and of City of Fdina , a municipal corporation under the laws of Minnesota , on behalf of the corporation THIS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS): Donald D. Smith Thomsen & Nybeck, P.A. 3300 Edinborough Way Suite 600 Edina, MN 55435 612 - 835 -7000 102349 SIGNATURE OF PERSON T4(GNG ACKNOWLEDGMENT NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK): JOYCE G. REPYA NOTARY PUBLIC — MINNESOTA My Conan. Emim Jan. 91.2000 Y LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this day of IJOVCW 1998 by and between EDINA PROPERTIES, INC., a Minnesota corporation ( "Licensor "), and the HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA, a public body corporate and politic under the laws of the State of Minnesota ( "Licensee "). WITNESSETH, THAT: 1. Premises. Licensor is the fee owner of the real property located at 3917 to 3929 West 50th Street in Edina, Minnesota, which is legally described as: The westerly 107 feet of the northerly 120 feet of Lot 44, Auditor's Subdivision No. 172, Hennepin County, Minnesota; and All that part of Lot 44, Auditor's Subdivision No. 172, Hennepin County, Minnesota lying between the northerly 120 feet thereof and the southerly 189.5 feet thereof, except the easterly 3.0 feet and southerly 2.0 feet thereof (the "Real Property "). Licensor additionally owns the building which is presently situated on the Property and which is commonly known as the 50th Street Plaza (the "Building "). Licensor, subject to the terms and conditions hereof, hereby grants to Licensee a non - exclusive license of the Building's east wall (the "Premises ") for those uses set forth in Paragraph 2 below. 2. Use. Licensee shall be entitled to use the Premises to the extent Licensee deems necessary or desirable for the purpose of constructing, reconstructing, installing, erecting, reinstalling, maintaining, servicing, repairing, operating, removing, and altering a lighting system; such lighting system to be of such quality, kind, and design as Licensee shall from time to time determine in its sole discretion. 3. Term. Licensee licenses the Premises from Licensor, upon the terms and conditions herein contained, to have and to hold the same for the term commencing at 12:00 a.m., midnight, on November 6. 1998, or such earlier date which is mutually acceptable to both parties, and expiring at such time as the Building may be destroyed or removed from the Real Property for any reason, whether voluntarily or as a result of any casualty loss; provided, however, that Licensor shall give Licensee at least sixty (60) days' prior written notice of the date on which Licensor intends to commence any voluntary demolition or removal of the Building. Notwithstanding anything in this License Agreement to the contrary, Licensee may terminate this License Agreement upon thirty (30) days' prior written notice to Licensor or such shorter time period as both parties may mutually agree. 4. Access. Licensee shall have full access and ingress and egress over the Real Property to the Premises 24 hours per day, seven days per week. 5. Ownership of Lighting Systems. Any lighting equipment, and any and all related materials or devices provided by Licensee, which may be placed on the Premises pursuant to this License Agreement, shall be and shall remain the property of Licensee and may be removed and replaced at any time and from time to time by Licensee; provided, however, that Licensee shall have no obligation to remove such lighting equipment, materials or devices provided by Licensee upon the termination of this License. Licensee agrees to repair promptly any and all damage done to the Premises as a result of, or in connection with, the use thereof by Licensee for any of the purposes allowed by this License Agreement. If Licensee has not removed all of its lighting equipment within thirty (30) days after the termination of this License Agreement, then all of such equipment not so removed shall become the property of Licensor and may be removed and disposed of as Licensor sees fit, without compensation to Licensee, and without any liability of Licensee for any costs incurred by Licensor in connection with such removal and disposal. 6. Assi nment. Licensee may, at any time, transfer and assign all of its rights and obligations under this License Agreement to the City of Edina provided that the City of Edina shall agree in writing to assume all of Licensee's obligations under this License Agreement. Upon such an assignment, Licensee shall thereafter have no further obligation hereunder to Licensor, its successors or assigns. 7. Quiet Enjoyment. Licensee shall have quiet possession of the Premises for the term, subject to all the provisions of this License Agreement. 8. Indemnification. Licensee shall indemnify Licensor against, and shall defend and shall hold Licensor harmless from, all claims, causes of action, injuries, losses, liabilities and damages arising from the construction, maintenance, operation or use of the Premises by Licensee, including all costs and expenses of defending against any thereof, including court costs and reasonable attorneys' fees, but only to the extent caused in whole or in part by Licensee's negligent acts or omissions or willful conduct, and not caused by the negligent acts or omissions or willful conduct of Licensor or any other licensee or tenant of Licensor. 9. Binding Effect. Each provision hereof shall extend to and shall bind Licensee, Licensor and their heirs, legal representatives, successors and assigns and all future owners of the Building or the Property. 10. Governing Law. This License Agreement, and the respective rights and obligations of Licensor and Licensee hereunder, shall be governed by and construed in accordance with the internal laws of the State of Minnesota. 11. Severability. If any provisions of this License Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this License Agreement and the application of such provisions to other persons or circumstances shall not be affected and shall be enforced to the greatest extent permitted by law. 12. Notices. All bills, statements, notices or communications which Licensor may desire to be required to give to Licensee shall be deemed sufficiently given or rendered if in writing and either delivered to Licensee personally or sent by registered or certified mail addressed to Licensee at 4801 West 50th Street, Edina, Minnesota 55424, and the time of rendition thereof or the giving of such notice or communication shall be deemed to be the time when the same is delivered to Licensee personally or when deposited in the mail as herein provided. Any notice by Licensee to Licensor shall be deemed sufficiently given or rendered if in writing and either delivered to Licensor personally or sent by registered or certified mail addressed to Licensor at 4100 West 50th Street, Edina, Minnesota 55424 or in case of subsequent changes upon notice given, to the latest addresses furnished by Licensor to Licensee in writing and the time of rendition thereof or the giving of such notice or communication shall be deemed to be the time when the same is delivered to Licensor personally or when deposited in the mail as herein provided. 2 The parties hereto have executed this License Agreement as of the date first written above. LICENSOR: LICENSEE: EDINA PROPERTIES, INC. HOUSING AND REDEVELOPMENT A T ORITY OF EDIN SOTA By By Its V !�E Its Y2-- eel+v ts CONSENT OF MORTGAGEE American Enterprise Life Insurance Company, an Indiana corporation, hereby consents to and joins in this License Agreement for the purposes of subordinating its mortgagee's interest in the Real Property to the terms and conditions of this License Agreement. 3 AMERICAN ENTERPRISE LIFE INSURANCE COMPANY B = —.- 41 Y Its Assistant Vice President By Its Assistan Secretary