HomeMy WebLinkAbout2639RESOLUTION NO. 2007 -01
4 9Z A RESOLUTION APPROVING
TERMINATION OF DEVELOPER'S AGREEMENT
/o AND
H` I H p RELEASES OF EASEMENTS FOR
5000 FRANCE COMPANY
City of Edina
WHEREAS, the Ho sing and Redevelopment Authority of Edina, Minnesota (the "HRA ")
entered into that certain De _.op Agreement dated September 20, 2005, recorded September 23,
2005, as Document No. 8659950 in the office of the County Recorder in and for Hennepin County,
Minnesota (the "Developer's Agreement ") by and among the City of Edina (the "City "), the HRA, and
5000 France Company (the "Company") with respect to the property (the "Property") to be developed by
the Company at the southwest corner of 50th and France in Edina, which Property is more specifically
described in the Developer's greement;
WHEREAS, in connE ction with the aforementioned development of the Property, the City and
the HRA conveyed certain pr perty to the Company by virtue of quit claim deeds (the "Deeds ") and also
reserved certain easements i i favor of the City and the HRA in the Deeds;
WHEREAS, the Com any has substantially completed its development of the Property and has
requested that the City and toe HRA terminate the Developer's Agreement and release the easements
reserved in the Deeds; and
WHEREAS, the HR has heretofore executed and delivered that certain Termination of
Developer's Agreement an that certain Release of Easements in the forms attached hereto in
exchange for performance by the Company of certain obligations.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the HRA, that the Chair and
the Secretary of the HRA are authorized, for and on behalf and in the name of the HRA to execute and
deliver the Termination of Developers Agreement and the Release of Easements attached hereto;
FURTHER RESOLVED, that the Chair and the Secretary are hereby authorized, for and on behalf and
in the name of the HRA to d , perform and carry out any and all further acts which they shall determine
to be necessary, appropriate or desirable in order to carry out the intent and purposes of the foregoing
resolution; and
FURTHER RESOLVED, that any and all actions heretofore taken or caused to be taken by the Chair
and the Secretary consistent With the tenor and purpose of the foregoing resolutions are hereby ratified,
confirmed and approved in all respects.
PASSED AND ADOPTED THIS 2ND DAY OF OCTOBER, 2007.
Attest
Linda M. Masica,
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
I, the undersigned duly e
and Redevelopment Authority of
copy of the Resolution adopted I
recorded in the Minutes of said re
Witness my hand and seal of said
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
James B. Hovland, Chair
) ss. CERTIFICATE OF EXECUTIVE DIRECTOR
ointed and acting Executive Director of the Board of Commissioners for the Housing
ina, Minnesota, do hereby certify that the forgoing Resolution is a true and correct
said Board of Commissioners at its regular meeting of October _, 2007 and as
ar meeting.
this _ day of
www.cityofedina.com
Gordon Hughes, Executive Director
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
RESOLUTION NO. 2007 -01
Page 2
4
TER4RNATION OF DEVELOPER'S AGREEMENT
11 ITS TERMINATION OF DEVELOPER'S AGREEMENT is trade and entered into this
-fay of September, 2007, by artd between the City of Edina, a munir:ipal oorporation organized
utrder the laws of the State of Minnesota (the "City" k and Housing and Redeveloprnent AuthAxity of
Edina, Minnesota, a body politic and co"rata under the laws of the State of Minnesota (the
"HRA "), and -SODD Fmce Company, a Minnesota corporation (the. "Dcvclopee).
WrrNFSSEIII THAT:
WHEREAS, the parties hereto executed a Developer's Agreement dated September 2.0, 2005,
which Dcveloper's Agreement was r000rded in the office of the County Recorder in and for
Hennepin County, Minnesota, as Document No. 9659,950 on September 23, 2005 (thc "Develuper's
Agrecmarr); and
VUWRLAS, the parties hereto desire a-t terminate the terms and conditions of the
UeveloM's Agreement;
NOW, THEREFORE, in consideration of the premises and the covenants and agreements
hereinafter contained, it is hereby agreed as follows:
1. The Drvcloper's Agreement is hereby buminated and of no further force and effect.
IN W TNESS WHEREOF, the parties Hereto have executed this Termination of Mveiaper's
Agrmnern as of the date first above written.
CITY OF E A a municipal corporation
organized t laws of the State of
By:.
G rdon L, Ht es 'ity Manager
RESOLUTION NO. 2
Page 3
STATE OF
COUNTY OF
The foregoing
2007, by James B. Tio
Edina, a municipal co
the vorporation.
STATE: OF
COUNTY OF
1-01
HOUSTW3 AND REDEVELOPMENT
AUTHORITY OF EDI NA, MJNNESOTA, a
body polilic a cl CoF under the laws of
the State or. I
James B. Roviand, Chair
Byzu enju. luf A4
LLnda MelMasic'e. §ecre6ry-
5000 FRANCF CO, t
By. -
Its PresidcnY
A= acknowledged before me Lbis aj day of September,
the Mayor, and CmTdon L. Hugbft, ft City ManaM of the City of
in vrgwLzed tinder the ism of the State of Nfinticsom on behalf of
JANE M. TIMM
.PANE FMTIMI.1
Na I'tabHc
'2 ft
)T
The foregoing tmrnent %vm acknowledged before me this day of September, 2007, by James B. Hoe It, the Chair, mid Linda N.I. Masica, the Secretary of Housing and
'State Authority of Fdina, Minnesota, a body politic 4LTW corporate under the laws or the
State of Minnesota, an behalf of the, politicai and corpmte body.
JANE m. -nmm UWA
MirPLAft-Minno
ota 'Ptiblic
RESOLUTION NO. 2007-01
Page 4
STATE OF MMESOTA
COUNTY OF HENINEIRIN
The fomiping inmment was w*nowlcdgcd before me this ZL day of September.
2007, by Gene Haugiand, the Presideffl of SOW Franck CouWany, a Minnesota corporation, on
behdf of the corporadon.
Notary IN 161c
THIS D4$'FRUMEKT PREPARED BY,
GRAY, PLANT. MOOTY. M(XJTY
&BM--46T7,P.A-(JLT)
SODIDS C�zwi-7.
80 SUM Et dMi STREET
MINNEAPOLIS, MN 55461
Opz" 19 V3
GHWYL K VOUNE
kAwwy Puma
wwmewa
Mv @C-Y&Alftm 9960 4r= 31, 2me
RESOLUTION NO. 200
Page 5
DRAFTED BY AND
UPON RECORDING RETURN
GRAY, PLANT, MOOTY, MO
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SovrH EIGHTH STREET
MINNEAPOLIS, MN 55402
FOR VALU
interest of the under:
September 20, 2005,
8659951. Nothing h
document.
STATE OF MINNESOTr
COUNTY OF
-01
RELEASE OF EASEMENTS
Date: September , 2007
E CONSIDERATION, the undersigned hereby releases all right, title and
J in and to the easement or easements reserved in that certain Deed dated
for record in the office of the Hennepin County Recorder as Document No.
shall release easements granted to the undersigned under any other recorded
) ss
HOUSING AND EVELOPMENT AUTHORITY
OF EDINA, TA, a body politic and corporate
under the Ia i to of Minnesota
James''f3. Hovla d, Chair
Linda MA49sica, Se6e
The foregoing instrument was acknowledged before me this( day of September, 2007, by
James B. Hovland, the hair, and Linda M. Masica, the Secretary of Housing and Redevelopment
Authority of Edina, Minn sota, a body politic and corporate under the laws of th State of Minnesota, on
behalf of the politiorate body.
M. TIMM Nota ublic
otary PubliaMir>1esota
GP:2259712 v 1 omrnW ° �'" `a" 31.2DD10
RESOLUTION NO. 2007 -108
A, RESOLUTION APPROVING
TER (NATION OF DEVELOPER'S AGREEMENT
AND
RELEASES OF EASEMENTS FOR
o j 5000 FRANCE COMPANY
City Of Edina
WHEREAS, the City Of Edina (the "City ") entered into that certain Developer's Agreement
dated September 20, 2005, recorded September 23, 2005, as Document No. 8659950 in the office of
the County Recorder in and or Hennepin County, Minnesota (the "Developer's Agreement ") by and
among the City, the Housin and Redevelopment Authority of Edina, Minnesota (the "HRA "), and
5000 France Company (the " ompany ") with respect to the property (the "Property ") to be developed
by the Company at the so hwest corner of 50th and France in Edina, which Property is more
specifically described in the eveloper's Agreement;
WHEREAS, in conne tion with the aforementioned development of the Property, the City and
the HRA conveyed certain property to the Company by virtue of quit claim deeds (the "Deeds ") and
also reserved certain easements in favor of the City and the HRA in the Deeds;
WHEREAS, the Company has substantially completed its development of the Property and
has requested that the City and the HRA terminate the Developer's Agreement and release the
easements reserved in the D eds; and
WHEREAS, the Cit has heretofore executed and delivered that certain Termination of
Developer's Agreement an that certain Release of Easements in the forms attached hereto in
exchange for performance b the Company of certain obligations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, that the Mayor and City Manager of the City are authorized, for and on behalf and in the
name of the City to execute and deliver the Termination of Developer's Agreement and the Release of
Easements attached hereto;
FURTHER RESOLVED, that the Mayor and City Manager are hereby authorized, for and on behalf
and in the name of the Cit to do, perform and carry out any and all further acts which they shall
determine to be necessary, appropriate or desirable in order to carry out the intent and purposes of
the foregoing resolution; and
FURTHER RESOLVED, that any and all actions heretofore taken or caused to be taken by the Mayor
and the City Manager consistent with the tenor and purpose of the foregoing resolutions are hereby
ratified, confirmed and appr ved in all respects.
PASSED AND ADOPTED THIS 2 "d DAY OF OCTOBER, 2007.
Debra A. Mange, City Clerk
City Hall
4801 WEST 50TH STREET
EDINA, MINNESOTA, 55424 -1394
www.cityofedina.com
James B. Hovland, Mayor
952 - 927 -8861
FAX 952 - 826 -0390
TTY 952 - 826 -0379
Resolution No. 2007 -108
Page. Two
STATE OF MINNESOTA
) ss. CERTIFICATE OF CITY CLERK
COUNTY OF HENNEPIN
I, the undersigned duly appointed and acting City Clerk for the City of Edina do
hereby certify that the forgoing Resolution is a true and correct copy of the Resolution
adopted by the Edina City Council at its regular meeting of October , 2007 and as
recorded in the Minutes of said regular meeting.
Witness my hand and seal of said City this _ day of
Debra A. Mangen, City Clerk
Resolution No. 2007-1
Page 3
TION OF DEVELOPER'S ACREEMENT
THIS TFKMINATIbN OF DEVELOPER'S AGREEMENT is made and en red into this
day Of September, 2 and between the City of Edina, .a municipal corpongi*n organized
under The laws of the State t'7�4t
inn= (the "0W), and Housing and Red0VeJ0Pmvnt Authodo, of
Edina, Miniveswk a bi litic corporate under the laws of the State of Minnesota . (the
"HRA")t and SODDFrance �L-P-IPAIIY,a Minnesota oarporation (the. "Dovcloperl).
''I7WPSSET'H TH T:
W"EREA S, the P 'es bcnIO eXeculW 8 IX-VelDper's Agrccrnent dated September 20, 2005,
which Devolopctls Agre ent was recorded in the office of the County Rconrder in and for
I
fiermepin County, Minneso a, as Document No. 9,659950 on Seiptcmbor 23, 2005 (the "Developer's
Agreement"); and
INWFAEAS. the i= hereto desire to terminate the terms and conditions of the
Develow's
NOW. THEREFOR . in consideration of die promises and the covenants and agreements
bereinaArr contained, it is h -reby kepood as follows:
it,
Tbt.Dun,110�e1"s Agrectriml is hereby terminated and of no funber rme and effect.
IN WITNESS W
Agreement as of the date
EGF, the parties hereto have executed this Termination of I)cvejoper,s
above Written,
CITY' OFF
,JAa municipol corporation
organized laws of the State of
m1khager
Resolution No. 2007 -108
Page 4
HOUSfNti AND REDEVELOPMENT
AUTHORITY OF EiNNA, MINNESOTA, a
body palitic and co under the laws of
the State of
,Peones R. Hoviand, Chair
By:
L,Zads M.44 a ica. See
5000 FRANCE G'OMP
By: AL i-I
Its Pres
STATE OF MINNFWTA )
COUNTY OF H>;NNEPIN }
The foregoing inzrurnrot was acknowledged before me this al &3, of September,
2007, by James B. Hovland. the Mayor, and Gordon L. Hughes, the City ManaW of the City of
Edirm, a municipal oorporation organkzad wider ft laws of the state of Minnesota, on behalf of
tiro corporation.
JAA1E 1- T1fAM
w} �.bNi1M�101k � p
STATE OF WNT,MTA )
)S5
COUNTY OF I1rWNLTjN )
'"�►� `�,, ► �. ►,,,
IN Y
"17te fotegoing instratmewn was acknowledged before me this a ( day of September.
2007, by James 13. Hovland, the Chair, and Linda M. Masica, the 1 ew -mOxy of Housing and
)WcveiOpmcnt Authority of Edina Minnesota, a body politic and corporate under the laws of the
State of Minnesota, on behalf of the political and sc bodv.
Resolution No. 2007-1(
Page 5
STATE OF MINWESOTA
COUNTY OF HEMNEPIN
The f(wegaing inmn
2007 by Cleve 11augland, the
behalf of The cmTwadon,
THIS INS T RUM EN T PREPARED
ORAY, PLANT, MOOTY, M0QtV
& BUhNT77, P.A. (R.r)
500 IDS CENTu
80 SouTm Exi mt STRu-7
SIMTAPOLIS, MN 53401
011'44"19V3
9S
was acknowledgcd befbo me this � L day of SeMmber.
kdera of 5000 France Company. a Mir nmia corporation, on
NMW PMbW
%*FWMM
Rx;*"4= at, we
EA: - - I
Resolution No. 2007 -108
Page 6
DRAFTED BY AND
UPON RECORDING RETURN TO:
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JL n
500 IDS CENTER
80 SOUTH EIGHTH STREET
WNNEAPoL►s, MN 55402
RELEASE OF EASEMENTS
Date; September 12007
FOR VALUABLE CONSIDERATION, the undersigned hereby releases all right, title and
interest of the undersigned in and to the easement or easements reserved in that certain Deed dated
September 20, 2005, filed for record in the office of the Hennepin County Recorder as Document No.
8659952. Nothing herein shall release easements granted to the undersigned under any other recorded
document.
CITY OF EDIN a municipal corporation
organized ur4er laws of the State of
By:
STATE OF MINNESOTA )
)SS
COUNTY OF HENNEPIN )
L: Huffs, City Manager
The foregoing instrument was acknowledged before me this day of September, 2047, by
James B. Hovland, the Mayor, and Gordon L. Hughes, the City Manager of the City of Edina, a municipal
corporation organized under the taws of the State of Minnesota, on behalf of the corms ration.
Notary
JANE M. TIMM
GP:2259713 t2 NoNyeaft
My CamN�lon 6gtscdan a1, ffi10
00 RSEY
JANE T. WILLETTE
(612) 343 -8229
FAX (612) 340 -2644
willefte.jane@dorsey.com
November 7, 2007
Gordon Hughes
City Manager
City of Edina
4801 W. 50th Street
Edina, MN 55424
Re: 5000 France / ity of Edina
Dear Gordon:
Enclosed for your file �re copies of each of the following recorded documents:
1. Release of Easements executed by the Housing and Redevelopment Authority of the
City of Edina, Minnesota;
2. Release of Ea ements executed by the City of Edina;
3. Termination of Developer's Agreement;
4. New Developer's Agreement (not recorded);
5. Driveway Easement Agreement;
6. Sidewalk Easement Agreement;
7. Electric Cable and Light Fixture Easement Agreement;
8. Underground Storm Sewer Easement Agreement; and
9. Ramp, Alley and Driveway Easement Agreement.
If you have any questions, please call Michele Thurnblom at 612- 340 -8733 or me. Thanks.
Sincerely,
e T. Willette
JTW /Ijb
Enclosures
cc: Michele Thurnblom
DORS Y & WHITNEY LLP • WWW.DORSEY.COM • T 612.340.2600 • IF 612.340.2868
SUITE 1500 • 50 SOUTH SIXTH STREET • MINNEAPOLIS, MINNESOTA 55402 -1498
4839 - 6796 - 0834 \1 USA CANAC3A EUROPE ASIA
*-W,
1, 111111111111111111111111111111111111111111111111
Doc No 4431298 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
�T
DRAFTED BY AND
UPON RECORDING RETURN TO:
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
FOR VALUABLE C(
interest of the undersigned in :
September 20, 2005, filed for
8659951. Nothing herein shal
document.
STATE OF MINNESOTA
RELEASE OF EASEMENTS
Date: September Z L, 2007
NSIDERATION, the undersigned hereby releases all right, title and
id to the easement or easements reserved in that certain Deed dated
-cord in the office of the Hennepin County Recorder as Document No.
release easements granted to the undersigned under any other recorded
HOUSING AND RE EVELOPMENT AUTHORITY
OF EDINA, E TA, a body politic and corporate
under the la if t e ate of Minnesota
James`B. Hovla d, Chair
By:
Linda asica, Secreta
)SS
COUNTY OF HENNEPIN )
I
The foregoing instruni,ent was acknowledged before me this day of September, 2007, by
James B. Hovland, the Chait, and Linda M. Masica, the Secretary of Housing and Redevelopment
Authority of Edina, Minnesota a body politic and corporate under the laws of thW State of Minnesota, on
behalf of the political and corporate body.
JANE M. T 'IM M
Nota ublic
o tart Public-Minnesota
GP:22597 l2 v 1 1 MY ommission Expim Jan 31_ 2010
+ IF6M
11111111111111111111111111111111111111111111111
Doc No 4431299 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
FOR VALUABLE C
interest of the undersigned in
September 20, 2005, filed for
8659952. Nothing herein sha
document.
RELEASE OF EASEMENTS
Date: September ZI 2007
NSIDERATION, the undersigned hereby releases all right, title and
and to the easement or easements reserved in that certain Deed dated
record in the office of the Hennepin County Recorder as Document No.
11 release easements granted to the undersigned under any other recorded
CITY OF EDINA,
organized un t e
Minnesota
STATE OF MINNESOTA )
i
ss
COUNTY OF HENNEPIN )
L.
municipal corporation
aws of the State of
City Manager
The foregoing instruMent was acknowledged before me this day of September, 2007, by
James B. Hovland, the Mayo, and Gordon L. Hughes, the City Manager of the City of Edina, a municipal
corporation organized under he laws of the State of Minnesota, on behalf of the corporation.
GP:2259713 Q
JANE M. TIMM
!Votary Public - Minnesota
MY Gommission Expires Jan 31, 2010
Doc No 4431300 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
t
ATION OF DEVELOPER'S AGREEMENT
THIS TERMINATI N OF DEVELOPER'S AGREEMENT is made and entered into this
ar day of September, 20 7, by and between the City of Edina, a municipal corporation organized
under the laws of the State o Minnesota (the "City "), and Housing and Redevelopment Authority of
Edina, Minnesota, a body olitic and corporate under the laws of the State of Minnesota (the
"HRA "), and 5000 France C mpany, a Minnesota corporation (the "Developer ").
WITNESSETH
WHEREAS, the parties hereto executed a Developer's Agreement dated September 20, 2005,
which Developer's Agreem nt was recorded in the office of the County Recorder in and for
Hennepin County, Minnesot , as Document No. 8659950 on September 23, 2005 (the "Developer's
Agreement "); and
WHEREAS, the plrties hereto desire to terminate the terms and conditions of the
Developer's Agreement;
NOW, THEREFORE, in consideration of the remises and the covenants is and agreements
hereinafter contained, it is he eby agreed as follows:
1. The Develop is Agreement is hereby terminated and of no further force and effect.
IN WITNESS W
Agreement as of the date
:EOF, the parties hereto have executed this Termination of Developer's
above written.
CITY OF INA a municipal corporation
organize e� laws of the State of
Minne to
111
L. Hughes, (k Manager
;, It,
STATE OF MINNESOT
COUNTY OF
The foregoing i
2007, by James B. Hov
Edina, a municipal corl
the corporation. ;—,-A"�
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing ins
2007, by James B. Hovl,
Redevelopment Authority
State of Minnesota, on beh
HOUSING AND REDEVELOPMENT
AUTHORITY OF EDINA, MINNESOTA, a
body politic anq corporate under the laws of
the State oflMinhesota
- '`JamYs B. Hovland, Chair
By:
Lind . Masica, Secre ary
5000 FRANCE COMPANY
By:
Its resi ent
ss
nent was acknowledged before me this a] day of September,
the Mayor, and Gordon L. Hughes, the City Manager of the City of
)n organized under the laws of the State of Minnesota, on behalf of
JANE M. TIMM
Notary Public- Minnesota
Commission EXPkW Jan 31, 2010
) ss
Went was acknowledged before me this day of September,
, the Chair, and Linda M. Masica, the Secretary of Housing and
Edina, Minnesota, a body politic and corporate under the laws of the
of the political and cornnrnte hndAt
JANE M. TIMM
Notary Public-Minnesota
commission Expires Jan W. 2010
% .
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing ins
2007, by Gene Haugland,
behalf of the corporation,
ss
ent was acknowledged before me this -2—L day of September,
President of 5000 France Company, a Minnesota corporation, on
THIS INSTRUMENT PREPARED BY:
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
GP:2240819 v3
Notary Publ
CHERYL K. MOUNE
Notary Public
Minnesota
My Commission Expires January 31, 2010
!' t
O�
THIS DEVELOPI
September, 2007, by and h
laws of the State of Min
Edina, Minnesota, a body
"HRA), and 5000 France C
WITNESSETH
WHEREAS, the
Termination of Develoi
September 20, 2005, recc
Minnesota, as Document
agreements relating to
Developer's Agreement
NOW, THEREFO.
hereinafter contained, it is
1. To the exte:
Project on public right -of -i
curbs, gutters, streets, story
all responsibility for main
provided, however, Deveh
guarantee to City for a one
constructed by Developer 1
specifications approved b)
manner free from defects i
when directed by the Citi
materials that become defer
though notice thereof be gi,
the Developer to perform i
City Engineer to be accef
successful experience and a
DEVELOPER'S AGREEMENT
'S AGREEMENT is made and entered into this a) sIVday of
ween the City of Edina, a municipal corporation organized under the
;sota (the "City "), and Housing and Redevelopment Authority of
olitic and corporate under the laws of the State of Minnesota (the
mpany, a Minnesota corporation (the "Developer ").
T:
arties hereto, in consideration of the parties' execution of a
"s Agreement in respect to the Developer's Agreement dated
ed in the office of the County Recorder in and for Hennepin County,
o. 8659950 on September 23, 2005, desire to evidence their further
id Developer's Agreement and the Project as defined in said
- "Project ");
, in consideration of the premises and the covenants and agreements
reby agreed as follows:
It Developer has constructed improvements in connection with such
ay and in public easements, including, but not limited to, sidewalks,
sewer, lightbase (restoration), trees, and tree planters, City assumes
enance, repair, restoration and replacement of such improvements;
per, solely as a personal obligation of Developer, hereby agrees to
(1) year period after September 15, 2007, that such improvements so
ave been constructed substantially in accordance with the plans and
the City and have been constructed in a good and workmanlike
materials and workmanship and agrees to repair or replace, as and
and at Developer's sole cost and expense, any workmanship or
tive, in the sole opinion of the City, within said one -year period even
en by the City after said one -year period. Any contractor selected by
arranty work described above must be determined in writing by the
able. The City reserves the right to require satisfactory proof of
equate financial status by any such contractor. Adolfson & Peterson
is an approved general contractor. The construction, installation, materials and equipment as to
such warranty work shall b in accordance with the plans and specifications approved by the
City Engineer. The Devel per will cause the contractors to furnish the City Engineer with a
Schedule of proposed opera ions at least five (5) days prior to commencement of construction
work. All of the work shal be under and subject to the supervision of the City Engineer and,
where appropriate, the Mi esota Department of Health and any other governmental agency
having jurisdiction. The D veloper will cause each person with whom the Developer contracts
for the construction and inst llation of any such warranty work to furnish the City with the same
evidence of complete ins rance coverage (including workers' compensation, liability and
property damage) as is re uired on City contracted construction jobs as determined by the
general specifications now i use.
2. Vacation of Utility Easement. City and HRA will promptly upon execution of
this Agreement vacate and/ r release all those public utility easements on the property legally
described on Exhibit A att ched hereto and incorporated herein by reference (the "Property ")
which are listed on Exhibit attached hereto.
3. Credits. Th rties hereto confirm that any S.A.C. or W.A.C. credits for pre-
existing structures and uses hall pa be granted first to the "retail" portion of the Property and, if any
excess exists, then to the re idential /parking portion of the Property.
4. Easement S uth of Pro ert . City will use commercially reasonable effort to
secure a six (6) foot easem nt for installation, maintenance and repair of an underground storm
sewer and related facilities rom the property owner to the immediate south of the Property and
lying adjacent to the south 1 ne of the Property.
5. Payment for Develo er's Work on City Property and Easements. Developer shall
promptly and fully pay p Mons doing work or furnishing skills, tools, machinery, materials,
insurance, equipment, or s pplies in connection with the construction, installation, repair and
replacement of improveme is in public right -of -way or public easements, in connection with any
work thereon under the one (1) year guarantee of Developer.
6. Partial Rele
submitted by Developer is
or performance and payme
(1) year guarantee and De
tools, machinery, materials
the one (1) year guarantee
7. Release of
Agreement, including th
performance by Develope
or warranty, the City wil
hereto, or so much thereo .
shall have been filed in
use of Bond. The development or performance and payment bond
hereby released except as to the last $7,500.00 of such development
It bond to secure performance by Developer under Developer's one
ieloper's covenant that all persons doing work or furnishing skills,
insurance, equipment, or supplies in connection with any work under
f Developer, shall be paid therefor.
ecurit . Upon performance by the Developer of the terms of this
expiration of any guaranty of warranty period herein and the
of Developer's obligations herein with respect to any such guaranty
release to the Developer the security filed with the City pursuant
as has not been used by the City pursuant hereto, or, in case a bond
accordance with this Agreement, will give, upon request of the
Developer, evidence sati&
accordance with its terms.
8. Notices. Vi
or demand be given or se
notice or demand shall be
hereinafter set forth by ce:
deemed timely given whc
with the above. The addrf
as above:
If to the City at:
If to the Developer
to the surety of performance by Developer of this Agreement in
enever in this Agreement it shall be required or permitted that notice
ed by either party to this Agreement to or on the other party, such
elivered personally or mailed by United States mail to the addresses
fled mail (return receipt requested). Such notice or demand shall be
delivered personally or when deposited in the mail in accordance
;es of the parties hereto are as follows, until changed by notice given
c/o Director of Public Works and City Engineer
City of Edina
4801 West 50`h Street
Edina, MN 55424
c/o Haugland Company, Inc.
5850 Opus Parkway, Suite 108
Minneapolis, MN 55343
9. City of Mi—nieapolis Water Connections. City confirms its obligation to grant
permission for the Property to connect to and use City of Minneapolis water subject to City of
Minneapolis rules and regul tions relating to such usage.
10. Indemnity. eveloper agrees to indemnify the City against, and hold it harmless
from, any and all claims, amages, cost and expense, including, without limitation, attorneys'
fees, arising out of, or cl -med to arise out of, the default by Developer in performance or
nonperformance by Devel per of any of the work, or any of the obligations to be done and
fulfilled by Developer purs an to this Agreement.
11. Non-R(
in and for Hennepin C
12. Binding El
Property. Developer shy
Agreement, in whole or in
upon approval of any ass
withheld, and assumption
liability for the assumed
partnership interest, mem>:
in a transfer in control of
under this Agreement.
Developer shall have
its lender as collateral for a
such assignment.
ion. This Agreement shall not be recorded in the real estate records
Minnesota.
;t. Developer is entering into this Agreement as owner of the
have the right to assign all rights and obligations under this
rt, to any subsequent owner, in whole or in part, of the Property and
iee by City in writing, which approval shall not unreasonably be
the assumed obligations, Developer shall be deemed released from
ligations. For purposes of this Agreement, a transfer of shares,
,hip interest or other ownership interest in Developer which results
Developer entity constitutes an assignment of Developer's rights
the right to assign its rights and obligations under this Agreement to
loan, but Developer shall not be released from liability by reason of
13. City Costs.
charges City incurs and pa;
and expenses incurred in cc
related to the Project, in
Developer and any easerr
specifications for improver
inspection of Developer's
work. Developer must rein
of City's delivery of a notic
through the date of the noti,
Developer agrees to reimburse City for all third party fees and
s to third parties for legal, planning, engineering and inspection fees
inection with the preparation of this Agreement and other documents
sluding, without limitation, the license agreement from City to
mts contemplated hereby; the review and approval of plans and
cents contemplated in this Agreement and the monitoring and final
progress, performance, construction and installation of the warranty
burse City for out -of- pocket costs City pays within 30 business days
to Developer setting forth the amount of City's out -of- pocket costs
(Signature page follows.)
IN WITNESS WHEREOF, the parties hereto have executed this Developer's Agreement
as of the date first above written.
CITY OF EDINA, a municipal corporation
organized un er t� laws of the State of
Minnesota% � k _
IN
s B. Hov
L. Hughes, CAW Manager
HOUSING AND REDEVELOPMENT
AUTHORITY Ans DINA, MINNESOTA, a
body politic o orate under the laws of
the State of a
B. Hovland, Chair
By:
Lin M. Masi ca, ecretary
5000 FRANCE CO ANY
By:
Its:
A.,
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing
2007, by James B. He
Edina, a municipal co
the corporation.
My
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing insti
2007, by James B. Hovlan
Redevelopment Authority o
State of Minnesota, on beha
MY
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing ins
2007, by Gene Haugland,
behalf of the corporation.
THIS INSTRUMENT PREPAR
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
ss
ment was acknowledged before me this —al day of September,
the Mayor, and Gordon L. Hughes, the City Manager of the City of
)n organized under the laws of the State of Minnesota, on behalf of
"AAA,��j "
iE M. TIMM
Public- Minnesota
don Expires Jan 31, 2010
Not Public
ss
anent was acknowledged before me this C day of September,
the Chair, and Linda M. Masica, the Secretary of the Housing and
Edina, Minnesota, a body politic and corporate under the laws of the
of the political and corporate body.
._---------_---
JANE M. TIMM
lotary Public- Minnesota
�Wnrnl ston Expires Jan 31, 2010
otary P blic
ss
ent was acknowledged before me this � day of September,
President of 5000 France Company, a Minnesota corporation, on
NotAPubll*
0' CHERYL K. MOUNE
Notary Public
Minnesota
Em Commission Expires January 31, 2010
Lot 47, Auditor's Subdi
AND
That part of the vacated sot
Subdivision Number 1721y
line of Lot 47, said auditor'
MIM
That part of Lot 45, Audi
Beginning at the southeast
South 89 degrees 59 minut
100.00 feet to the southwe;
minutes 06 seconds West,
1.41 feet; thence South 0 d
Lot 45, a distance of 28.95
of 25.59 feet; thence south,
central angle of 50 degrees
feet to the west line of the ]
seconds East, along said w,
feet of said Lot 45; thence
the south 70.00 feet, a dish
West, along said east line c
EXHIBIT A
Legal Description of Property
Number 172
17 feet of West 50th Street, as shown on the plat of Auditors
ig between the northerly extensions of the west line and of the east
plat.
's Subdivision Number 172, described as follows:
.orner of Lot 47, said Auditor's plat; thence on an assumed bearing of
s 06 seconds West, along the south line of said Lot 47, a distance of
r corner of said Lot 47; thence continuing South 89 degrees 59
n the westerly extension of said south line of Lot 47, a distance of
grees 20 minutes 20 seconds East, parallel with the east line of said
.eet; thence South 62 degrees 16 minutes 17 seconds West, a distance
iesterly, along a tangential curve concave to the southeast, having a
22 minutes 36 seconds and a radius of 50.00 feet, a distance of 43.96
,ast 150.00 feet of said Lot 45; thence South 0 degrees 20 minutes 20
st line, a distance of 48.16 feet to the north line of the South 70.00
outh 89 degrees 59 minutes 50 seconds East, along said north line of
ice of 150.00 feet; thence North 0 degrees 20 minutes 20 seconds
Lot 45, a distance of 123.00 feet to the point of beginning.
EXHIBIT B
Easements to be Released
Easements reserved in C.R. Doc. No. 8659951 and Doc. No. 8659952.
GP:2241094 v4
Doc No 4431307 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
1";- -A{' =� d " 3A
TAXPAYER ERVI.0 S r
TRANSFER ENTERED
SEP 2 8 2007
This Driveway E�
September, 2007, by and
laws of the State of Minn(
(the "Grantor ").
WITNESSETH,
WAY EASEMENT AGREEMENT
r
-nt Agreement ( "Agreement') is made as of this a 15 day of
,een City of Edina, a municipal corporation organized under the
(the "City "), and 5000 France Company, a Minnesota corporation
WHEREAS, Grantor is the owner of the property described on Exhibit A attached hereto
and incorporated herein by eference (the "Grantor Property "); and
WHEREAS, in connection with the development of the Grantor Property, City has
required that Grantor grant n easement to City in accordance with the terms hereof.
NOW, THEREFO in consideration of the mutual covenants and agreements
contained herein, the hereto agree as follows:
1. Easement G ants. Subject to the conditions and limitations hereinafter set forth,
Grantor hereby declares a d grants to City a non - exclusive easement over, upon and across the
portion of the Grantor Pro erty legally described and depicted on Exhibit B attached hereto and
incorporated herein by refe ence and within the vertical limits as described on said Exhibit B (the
"Easement Area ") for th purposes of installation, use, operation, maintenance, repair and
replacement of a drivewa including public pedestrian and vehicular use thereof to and from
public rights -of -way. Gra for hereby further grants to City a non - exclusive easement under the
Easement Area on Tracts A, D, G, and HHH of Registered Land Survey No. 1'785-
Hennepin County, Minne ota, for subjacent support of the driveway improvements located
within the Easement Area. Such rights to subjacent support shall be limited so as to interfere
with improvements on suc tracts as little as reasonably possible under the circumstances. The
driveway improvements sh Il be substantially in accordance with the plans and specifications for
same heretofore approved > y the City.
2. Maintenan(
Area clean and in a neat &
all necessary and appropr
owner of Tract D of the (
than cleaning, ice and sno
Easement Area within the
Easement Area,
3. Conveyan(
substantially in compliar
hereby transfers and con)
City hereby accepts owne
the terms and conditions
covenant (and not as ov
Grantor Property) heret
September 15, 2007, that
Easement Area have E
specifications approved 1
manner free from defects
4. Water and
Grantor shall be responsi
barrier in or adjacent to t:
water from entering the ur
N of the Grantor Propert;
driveway improvements 11
Easement Area in order to
owner of Tract D of the
driveway improvements
improvements to be rest(
removal or replacement.
The City shall keep the driveway constructed on the Easement
orderly condition and appearance and in good repair and shall make
to repairs and replacements thereof; provided, however, Grantor as
antor Property only, shall be responsible for the maintenance (other
removal and plowing), repair and replacement of the portion of the
Dotprint of the building heretofore constructed above and below the
Grantor has constructed upon the Easement Area a driveway
with the plans and specifications heretofore approved by City and
,s all driveway improvements located on the Easement Area to City.
lip of said driveway improvements subject to and in accordance with
i this Agreement; provided, however, Grantor, solely as a personal
;r of the Grantor Property, and not as a covenant binding on the
agrees to guarantee to City for a one (1) year period after
e driveway improvements heretofore constructed by Grantor on the
n constructed substantially in accordance with the plans and
the City and have been constructed in a good and workmanlike
materials and workmanship.
loisture Barrier. As owner of Tract D of the Grantor Property only,
fe to take reasonable measures to maintain the water and moisture
Easement Area as described on Exhibit B hereto to prevent storm
erground parking area below the Easement Area. The owner of Tract
shall have the right to remove, replace, and restore portions of the
sated on the Easement Area and temporarily interrupt traffic in the
ccomplish such maintenance of the moisture barrier. In the event the
irantor Property removes, replaces or damages the portions of the
i the Easement Area, said owner of Tract D shall cause such
ed substantially to their same condition as prior to the damage,
5. Duration. he easement granted herein shall be permanent (subject to the specific
provisions and limitations hereof) and (except to the extent otherwise expressly provided in
Paragraph 3 above) shall c eate mutual benefits and covenants running with the Grantor Property
and shall be binding upo any owner, tenant or occupant of the Grantor Property and their
respective legal representa Ives, heirs, successors and assigns.
6. Sole Agree
whatsoever except by an
agreement between the p
prior negotiations, discus
sidewalk described herein
7. A.� licabI
accordance with the laws
lent. This Agreement may not be amended or modified in any respect
istrument in writing signed by all parties. This constitutes the entire
ties with respect to the easement set forth herein and supersedes all
ons, writings and agreements between them in connection with the
nd the easement described herein except as set forth herein.
.aw. This Agreement shall be governed by and construed in
the State of Minnesota.
2
8. Snow an,
and ice removal in the
Easement Area in good,
Removal. City shall be responsible for all snowplowing and snow
;ment Area in order to keep the driveway improvements and the
and serviceable condition.
9. Run With he Land. Except to the extent otherwise provided in Paragraph 3
above, this Agreement wil run with title to the Grantor Property and is binding upon and inures
to the benefit of the parties hereto and their respective successors.
10. Tracts
Area does not include
1%o*S- ,Hen
to subjacent support.
11. Directi
right to utilize the E
direction from west to
U, and HHH. The parties hereto acknowledge that the Easement
portion of Tracts A, D, G, and HHH, Registered Land Survey No.
1 County, Minnesota, except as set forth in Paragraph 1 with respect
Limitation. The City's use of the driveway improvements and City's
ent Area shall be limited to use for vehicular traffic in a one -way
only.
[Signature page follows.]
3
IN WITNESS W EREOF, the parties hereto have executed this Sidewalk Easement
Agreement as of the date f rst above written.
CITY OF EDIN a municipal corporation
organized u d th laws of the State of
Minnesota
Jams . ovlan Ma r
By:
Gordon L. Hu hes, y Manager
5000 FRANCE C NY
By:
Its Pre ident
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing inst ment was acknowledged before me this 3-1 day of September,
2007, by James B. Hovlan , the Mayor, and Gordon L. Hughes, the City Manager of the City of
Edina, a municipal corpor tion organized under the laws of the State of Minnesota, on behalf of
the corporation.
otar y ublic
STATE OF MINNESOTA ) JANE M. TIMM
Notary Public-Minnesota
) SS
COUNTY OF HENNEPIN ) W C0M'n6Sf*- Expires Jan 31, 2010
The foregoing inst ument was
2007, by Gene Haugland, he Presiden
behalf of the corporation.
R' CHERYL K. MOLWE
Not a Public
.,�:: ° Mln esota
Ly Commisslon Expires J nuary 31, 2010
acknowledged before me this _ day of September,
t of 5000 France Compa y, a Minnesota corporation, on
Notary Pub
0
The undersigned,
Financing Statement and �
the office of the County
Document No. 8659953, 1
agrees that its rights under
Assignment of Leases any
successors and assigns
STATE OF NEBRASKA
COUNTY OF DOUGLAS
The foregoing in,
2007, by Ate=
of the First National Ba
National Bank of Omaha.
GENERAL NOTARY-State
TRACY MORRIS(
My Comm. Exp. Dec. 24,
THIS INSTRUMENT PREPARI
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
CONSENT
under that certain Mortgage, Security Agreement, Fixture
of Leases and Rents dated September 22, 2005, recorded in
in and for Hennepin County on September 23, 2005 as
consents to the foregoing Driveway Easement Agreement and
Mortgage, Security Agreement, Fixture Financing Statement and
Rents shall be subordinate to the rights of the City of Edina, its
such Driveway Easement Agreement.
FIRST NATIONAL BANK OF OMAHA,
a national banking association
)Ss
Iment was acknowledged before me this � day of September,
the LjALLA piL�sS►t) _
of Omaha, a national banking association, on behalf of the First
BY:
�►6�ZL7
EXHIBIT A
Legal Description of Grantor Property
Tracts A, D, G, N, T, HHH and III, Registered Land Survey No. $ S , Hennepin County,
Minnesota.
Those parts of Tracts N, T,
Minnesota, lying northerly
following described line "B'
EXHIBIT B
Legal Description of Easement Area
tnd IIl, Registered Land Survey No. 119-5- , Hennepin County,
of the following described line "A" and lying southerly of the
Said line is "A" des ribed as commencing at the southeast corner of said Tract T; thence
on an assumed bear ng of North 00 degrees 20 minutes 20 seconds West, along the east
line of said Tract T, a distance of 112.10 feet to the point of beginning of said line "A" to
be described; thence South 89 degrees 40 minutes 47 seconds West a distance of 77.23
feet; thence South 65 degrees 03 minutes 50 seconds West a distance of 26.59 feet to a
westerly line of said Tract T and there terminating.
Said line is "B" des ribed as commencing at said southeast corner of Tract T; thence on
an assumed bearing of North 00 degrees 20 minutes 20 seconds West, along said east line
of Tract T, a distan e of 125.99 feet to the point of beginning of the line to be described;
thence South 89 degrees 40 minutes 47 seconds West a distance of 80.26 feet; thence
South 65 degrees 0 minutes 50 seconds West a distance of 23.26 feet to a westerly line
of said Tract T and there terminating.
Description of Subjacent Support Easement
Tracts A, D, G, and HI H, Registered Land Survey No. i�� Hennepin County,
Minnesota.
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Doc No 4431308 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
OF
TAXPAYER SERVI
TRANSFER ENTE
SEP 2 8
This Sidewalk Ea
September, 2007, by and
laws of the State of Minn
(the "Grantor ").
WITNESSETH,
PAM
IN
EWALK EASEMENT AGREEMENT
sr
nt Agreement ( "Agreement ") is made as of this o? day of
,een City of Edina, a municipal corporation organized under the
(the "City "), and 5000 France Company, a Minnesota corporation
WHEREAS, Grant r is the owner of the property described on Exhibit A attached hereto
and incorporated herein by reference (the "Grantor Property "); and
WHEREAS, in
required that Grantor gi
NOW, THE
contained herein, the
1. Easement G
Grantor hereby declares an
portions of the Grantor Prc
incorporated herein by ref
operation, maintenance, i
substantially in accordance
City, including public pede
further grants to City a non
HHH of Registered Land c
support of the sidewalk i
subjacent support shall be 1
reasonably possible under t
nnection with the development of the Grantor Property, City has
an easement to City in accordance with the terms hereof.
E, in consideration of the mutual covenants and agreements
hereto agree as follows:
its. Subject to the conditions and limitations hereinafter set forth,
grants to City a non- exclusive easement over, upon and across those
°rty legally described and depicted on Exhibit B attached hereto and
ence (the "Easement Area ") for the purposes of installation, use,
pair and replacement of sidewalks. The sidewalks shall be
,ith the plans and specifications for same heretofore approved by the
Irian use thereof to and from public rights -of -way. Grantor hereby
xclusive easement under the Easement Area on Tracts A, D, G, and
rvey No. t 8!5— , Hennepin County, Minnesota, for subjacent
provements located within the Easement Area. Such rights to
zited so as to interfere with improvements on such tracts as little as
circumstances.
2. Maintenanc . The City shall keep the sidewalk constructed on the Easement Area
clean and in a neat and or erly condition and appearance and in good repair and shall make all
necessary and appropriat repairs and replacements thereof; provided, however, Grantor as
owner of Tract D of the rantor Property only, shall be responsible for the maintenance (other
than cleaning, ice and sno removal and plowing), repair and replacement of the portion of the
Easement Area within the ]footprint of the building heretofore constructed above and below the
Easement Area.
3. Conve anc . Grantor has constructed upon the Easement Area sidewalks
substantially in complianc with the plans and specifications heretofore approved by City and
hereby transfers and conveys all sidewalk improvements located on the Easement Area to City.
City hereby accepts ownership of said sidewalk improvements subject to and in accordance with
the terms and conditions in this Agreement; provided, however, Grantor, solely as a personal
covenant (and not as owner of the Grantor Property, and not as a covenant binding on the
Grantor Property) hereby] agrees to guarantee to City for a one (1) year period after
September 15, 2007, that the sidewalk improvements heretofore constructed by Grantor on the
Easement Area have be n constructed substantially in accordance with the plans and
specifications approved b the City and have been constructed in a good and workmanlike
manner free from defects i materials and workmanship.
4. Water and oisture Barrier. As owner of Tract D of the Grantor Property only,
Grantor shall be responsi le to take reasonable measures to maintain the water and moisture
barrier in or adjacent to P rcel 1 and Parcel 2 of the Easement Area as described on Exhibit B
hereto to prevent storm w ter from entering the underground parking area below the said Parcel
1 and Parcel 2 of the Ease ent Area. The owner of Tract N of the Grantor Property shall have
the right to remove, repla e, and restore portions of the sidewalk improvements located on said
Parcel 1 and Parcel 2 d temporarily interrupt traffic in the Easement Area in order to
accomplish such maintena ce of the moisture barrier. In the event the owner of Tract D of the
Grantor Property removes, 'replaces or damages the portions of the sidewalk improvements in the
Easement Area, said owner of Tract D shall cause such improvements to be restored
substantially to their same ondition as prior to the damage, removal or replacement.
5. Duration. he easement granted herein shall be permanent (subject to the specific
provisions and limitations hereof) and (except to the extent otherwise expressly provided in
Paragraph 3 above) shall c eate mutual benefits and covenants running with the Grantor Property
and shall be binding upo any owner, tenant or occupant of the Grantor Property and their
respective legal representa ives, heirs, successors and assigns.
6. Sole Agreement. This Agreement may not be amended or modified in any respect
whatsoever except by an instrument in writing signed by all parties. This constitutes the entire
agreement between the p# es with respect to the easement set forth herein and supersedes all
prior negotiations, discuss'ons, writings and agreements between them in connection with the
sidewalk described herein and the easement described herein except as set forth herein.
7. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws f the State of Minnesota.
2
8. Snow
the Easement Area in
safe and serviceable c
Removal. City shall be responsible for all snow and ice removal in
to keep the sidewalk improvements and the Easement Area in good,
9. Run With the Land. Except to the extent otherwise provided in Paragraph 3
above, this Agreement will run with title to the Grantor Property and is binding upon and inures
to the benefit of the parties hereto and their respective successors.
10. Tracts A D ' and HHH. The parties hereto acknowledge that the Easement Area
does not include any portion of Tracts A, D, and HHH, Registered Land Survey No.
17 6 S , Hennepiin County, Minnesota, except as set forth in Paragraph 1 with respect
to subjacent support. j
[Signature page follows.]
3
IN WITNESS WHEREOF, the parties hereto have executed this Sidewalk Easement
Agreement as of the date fi st above written.
CITY OF EDINA, a municipal corporation
organized u e th laws of the State of
Minnesot
Jai60s B. H viand, Pay r
I
By:
Gord n L. -Hu ghes, C t Manager
i
5000 FRANCE CO NY
By:
Its Presi nt
STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPI )
The foregoing inst ument was acknowledged before me this p 1 day of September,
2007, by James B. Hovlan , the Mayor, and Gordon L. Hughes, the City Manager of the City of
Edina, a municipal corpor tion organized under the laws of the State of Minnesota, on behalf of
the corporation.
otary blic
....,.,a� JANE M. TIMM
STATE OF MINNESOTA ) Notary Public- Minnesota
MY Commission Expires An 31,2010
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me this 21 day of September,
2007, by Gene Haugland, he President of 5000 France Compa y, a Minnesota corporation, on
behalf of the corporation.
CHERYL K. MOUNE Notary Publ'
Public
Commlesion Expires Jonuary 31, 2010
E
The undersigned,
Financing Statement and i
the office of the County
Document No, 8659953, 1
agrees that its rights under
Assignment of Leases an,
successors and assigns
STATE OF NEBRASKA
COUNTY OF DOUGLAS
The foregoing in,,
2007, by M►c�,u�e►...
of the First National Ba
National Bank of Omaha.
GEN'W N0
TRACY M
AMY Comm. Exp.
THIS INSTRUMENT PREPAA
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
CONSENT
under that certain Mortgage, Security Agreement, Fixture
of Leases and Rents dated September 22, 2005, recorded in
in and for Hennepin County on September 23, 2005 as
consents to the foregoing Sidewalk Easement Agreement and
Mortgage, Security Agreement, Fixture Financing Statement and
Rents shall be subordinate to the rights of the City of Edina, its
r such Sidewalk Easement Agreement.
FIRST NATIONAL BANK OF OMAHA,
a national banking association
By:
Its: . ery
ss
}
r
ment was acknowledged before me this � day of September,
• JLL :S-A l_. , the krmes' %CW%4T '
of Omaha, a national banking association, on behalf of the First
of Nebraska
arsory Notary Pu is
44, 2007
M
5
EXHIBIT A
Legal Description of Grantor Property
Tracts A, D, G, N, T, and HHH, Registered Land Survey No. �'S , Hennepin County,
Minnesota,
EXHIBIT B
Legal Description of Easement Area
Parcel 1:
That part of Tract and Tract T, Registered Land Survey No. 7 $S , Hennepin
County, Minnesota, lying northerly of the southerly line of said Tract N and its easterly
extension to the east line of said Tract T and lying northerly of the northerly line of Tract
JJJ, said Registered sand Survey No. 95-- _ and lying southerly and easterly of the
following described'iline:
Commencing at the southeast corner of said Tract T; thence on an assumed
bearing of North 00 degrees 20 minutes 20 seconds West, along said east line of
Tract T, a distance of 112.10 feet to the point of beginning of the line to be
described; thence South 89 degrees 40 minutes 47 seconds West a distance of
77.23 feet; thence South 65 degrees 03 minutes 50 seconds West a distance of
to
26.59 feet a westerly line of said Tract T; thence South 00 degrees 20 minutes
20 seconds lust, along said west line and its southerly extension, a distance of
7.84 feet to said northerly line of said Tract JJJ and there terminating.
Parcel 2:
That part of said Tr ct N and Tract T lying southerly of the northerly line of said Tract N
and its easterly extension to the east line of said Tract T and northerly and easterly of the
following described line:
Commencin at the the corner of said Tract T; thence on an assumed
bearing of orth 00 degrees 20 minutes 20 seconds West, along said east line of
Tract T, a distance of 125.99 feet to the point of beginning of the line to be
described; thence South 89 degrees 40 minutes 47 seconds West a distance of
52.00 feet; thence North 00 degrees 19 minutes 13 seconds West a distance of
6.02 feet to said northerly line of Tract N and there terminating.
Parcel 3:
The East 6.00 feet o the North 59.70 feet of Tracts G and T, Registered Land Survey No.
�� , Hennepin County, Minnesota;
and
The East 6.00 feet Of the South 206.60 feet of Tracts G and T, Registered Land Survey
No. ) ,5'— , Hennepin County, Minnesota;
and
The East 5.15 feet
Hennepin County, N
North 59.70 feet saic
Parcel 4:
of Tracts G and T, Registered Land Survey No. )13S— ,
innesota, lying North of the South 206.60 feet and lying South of the
. Tracts G and T.
The South 4.00 feet of Tracts G and T, Registered Land Survey No.
Hennepin County, linnesota.
Legal Description of Subjacent Support Easement
Tracts A, D, G, and HHt , Registered Land Survey No. I $ Hennepin County,
Minnesota.
EASEMENT SKETCH FOR. 5000 FRANCE,
Scho="Wadqs!o�n�L�'E'7.'Wp
LLC
s4s4z —Dm— l— stt+cDwG
SIDEWALK EASEMENT DESCWT70N
An eosement far sidewdk purposes over and
averse the South 4.00 feat of Tracts G and 7,
Registered Land Survey No. Hennepin
County, Winnesota.
FRANCE AVENUE SOUTH
— No,=JD'w
moo
- TRACT ODD- xmxar.
m
TRACT C
v ao x
NOTES
+> TRACT
Trott G lies between elevations 867.17 feet and
882.67 feet (NOW
:ssm.:
err
♦
W
29)
w $ a
Tract T lies between elevations 88267 feet and
K 19
-
NoNTN Ls1E CF
898.67 feet (NGVO 29)
rn
TRACT B
TRACT C TRACT D
TIE SOUTH 4.00,
TRACT E FELT OF TRACTS
GAND rye
a
smaxae
b
a �
a s�
�
TRACT F
`6t
TRACT G -� 5010'40'E IseA7
7��,A{` Rc
$
= 03
tra
R
�i�:
Ile,
b�„
.Ar lyyTRA��G *t i
JO 0 is >o SD
e
40.19
soiC20i
i9CAU IN FM )
I hereby certify that this survey was prepared under
MY supervisim and that 1 om a Lieansed land
Surveyor under the laws of the State of Mnnesoto.
This drawing has been checked and
reviewed this day of
20-
by
Dote. License No. 0594
EASEMENT SKETCH FOR:_
5000 FRANCE, LLC
emoa1....s..
Schoell Madson
T a 9.
f].w1Lg
Im
s� ���
Ti"I FNWa
FRANCE AVENUE SOUTH
No.9-2o'w
TRACT C
293.00
TRACT D
In
�V
TRACT G sos0'201E 169.97
8
This drawing has bean checked and
reviewed this day of
20
by
L
I o
14.o
TRACT
W4
000
w
Qc
�?
8 8
Qc
TRACT D
Fig
U)
I
3
s
FRANCE AVENUE SOUTH
No.9-2o'w
TRACT C
293.00
TRACT D
In
�V
TRACT G sos0'201E 169.97
8
This drawing has bean checked and
reviewed this day of
20
by
L
I o
14.o
N01M UNE OF
1NE SO NI 600
b
TRACT E aMp i �
8 8
TRACT F
7 s nven/ e�
SIDEWALK EASEMENT DESCRIPTION
An easement for sidewalk purposes over and
Paper Mort port of the "owing described
property.
_
The east 6.D0 fed _of the North 59 -70 feet of _ _
Tracts G and T, Registered Laid Survey No. _
Hennepin County, Minnesota,
AND
The east 6.00 feet of the South 206.60 feet of
Tracts G and T. Registered Land Survey No,
Hennepin County, Minnesota
AND
The east 5.15 feet of Tracts G and T, Registered
Land Surrey No. Hennepin Canty, Minnesota,
tying noM of the South 206.60 feet and lying
south of the North 59.70 feet of said Tracts G
and T.
NOTE
Tract G lies between elevations 867.17 feet and
882.67 feet (NGVD 29)
Tract T lies between eieraMonr 86257 feet and
89 &67 feet (NM 29)
tot
2 h
bt
30 d 155 30 60
W-Aw of PUT )
I hereby certify that this survey was prepared under
my aupervLsion and that t am o Licensed Land
Surnyor under the tows of the State of Minnesota.
Date: License Na 13594
v N
4
' o o1 * E
GP: 1986587 0
m
Doc No 4431309 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
1212140 $10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
r
2. Mainter
improvements in the F
and appropriate repairs
The City shall keep the electric cable and light fixture
nent Area in good condition and repair and shall make all necessary
replacements thereof.
3. Conve anc . Grantor has constructed in the Easement Area electric cable and
light fixture improvement substantially in compliance with plans and specifications heretofore
approved by the City fo City's improvements and hereby conveys all such improvements
installed for City owners ip located on the Easement Area to City. In no event does this
Agreement relate to any e ectric cable or light fixtures serving exclusively non - public areas or
equipment of the Grantor Property. City hereby accepts ownership of said electric cable and
light fixture improvemen s heretofore constructed and approved by the City in connection
therewith, subject to the t rms and conditions in this Agreement; provided, however, Grantor,
solely as a personal covenant (and not as owner of the Grantor Property and not as a covenant
binding on the Grantor Pr perty), hereby agrees to guarantee to City for a one (1) period after
September 15, 2007, that such electric cable and light fixture improvements heretofore
constructed by Grantor and conveyed to City on the Easement Area have been constructed
substantially in accordance with the plans and specifications for same approved by the City and
have been constructed in good and workmanlike manner free from defects in materials and
workmanship.
4. Duration. he easement granted herein shall be permanent and (except to the
extent otherwise expressly provided in Paragraph 3 above) shall create mutual benefits and
covenants running with th Grantor Property and shall be binding upon any owner, tenant or
occupant of the Grantor Pr perty and their respective legal representatives, heirs, successors and
assigns.
5. Sole Agreement. This Agreement may not be amended or modified in any respect
whatsoever except by an instrument in writing signed by all parties. This constitutes the entire
agreement between the parties with respect to the easement set forth herein and supersedes all
prior negotiations, discussi ns, writings and agreements between them in connection with the
underground storm sewer ystem improvements described herein and the easement described
herein except as set forth he ein.
6. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota.
7. Run Wit:
Paragraph 3 above, this
upon and inures to the bf
8. Modifications
modifications to this Agreer
within the Grantor Property.
Land. Except to the extent otherwise expressly provided in
! ement will run with title to the Grantor Property and is binding
of the parties hereto and their respective successors.
Upon request of either party, the parties agree to execute
further identifying City's property under this Agreement lying
[Signature page follows.]
2
IN WITNESS WHEREOF, the parties hereto have executed this Electric Cable and Light
Fixture Easement Agreem nt as of the date first above written.
CITY OF EDINA, a municipal corporation
organized u r t laws of the State of
Minnesot
Jam . Hovland, Mayo
By:
don L. Frug4s, Ity Manager
5000 FRANCE C ANY
By;
I re dent
STATE OF MINNESOTA )
ss
COUNTY OF HENNEPIN )
The foregoing instri ment was acknowledged before me this day of September,
2007, by James B. Hovland, the Mayor, and Gordon L. Hughes, the City Manager of the City of
Edina, a municipal corporat on organized under the laws of the State of Minnesota, on behalf of
the corporation. G
4otaryblic
STATE OF MINNESOTA ) JANE M. TIMM
Notary Public- Minnesota
COUNTY OF HENNEPIN
') SS � MY Commission Expires Jan 31, 2010
a
)
The foregoing instrument was acknowledged before me this 21 day of September,
2007, by Gene Haugland, th President of 5000 France Company, a Minnesota corporation, on
behalf of the corporation.
<.. CHERYL
s �.MOLINE Notary Publ Nota
4' Minn ota
[My Commission Expires January 31, 2010
3
The undersigned,
Financing Statement and
CONSENT
under that certain Mortgage, Security Agreement, Fixture
gnment of Leases and Rents dated September 22, 2005, recorded in
the office of the County Recorder in and for Hennepin County on September 23, 2005 as
Document No. 8659953,
Easement Agreement and
Financing Statement and
the City of Edina, its sI
Easement Agreement.
STATE OF NEBRASKA
COUNTY OF DOUGLAS
ss
consents to the foregoing Electric Cable and Light Fixture
that its rights under said Mortgage, Security Agreement, Fixture
of Leases and Rents shall be subordinate to the rights of
and assigns under such Electric Cable and Light Fixture
FIRST NATIONAL BANK OF OMAHA,
a national banking association
By: '
Its: V 1�f1•�. dJtttwj
The foregoing inst ment was acknowledged before me this ,G day of September,
2007, by . , the M�ar P(Z --r ► Ti--
of the First National Bank of Omaha, a national banking association, on behalf of the First
National Bank of Omaha.
GENERAL NOTAf
TRAC
My Comm.
THIS INSTRUMENT PREPAR
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
-State R Nebraska
MORRisoN
Kp. Dec. 24, 2007, Notary Public
BY:
5
Ar
t • ' b �
Tracts G, H, N, O, P, Q, S,
County, Minnesota.
GP:2266103 Q
EXHIBIT A
Legal Description of Grantor Property
C, and U, Registered Land Survey No. Hennepin
InIIIIII�IINIIVIIIV�I�IIVlllll�hllllll
Doc No 4431305 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577
Deputy 25
New cert Cert
Fees
1212140
$1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
TMNSFEA EN EW-D
HENNEPIN COUNTY TAXPAY SERVICES
r F
UNDERG
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
II
s �V Ly IN NN.
lklrwn� �I
)UND STORM SEWER EASEMENT AGREEMENT
This Undergrounds Storm Sewer Easement Agreement ( "Agreement ") is made as of this
al — day of September, 007, by and between City of Edina, a municipal corporation organized
under the laws of the St e of Minnesota (the "City "), and 5000 France Company, a Minnesota
corporation (the "Grantor').
WITNESSETH, t at:
WHEREAS, Gran or is the owner of the property described on Exhibit A attached hereto
and incorporated herein b reference (the "Grantor Property "); and
WHEREAS, in connection with the development of the Grantor Property, City has
required that Grantor gran an easement to City in accordance with the terms hereof.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parti s hereto agree as follows:
1. Easement rants. Subject to the conditions and limitations hereinafter set forth,
Grantor hereby declares and grants to City a non - exclusive easement over, upon and across the
portion of the Grantor Pr perty legally described and depicted on Exhibit B attached hereto and
incorporated herein by r ference (the "Easement Area ") for the purposes of installation, use,
operation, maintenance, repair and replacement of underground storm sewer system
improvements (including, but not limited to, pipes, catch basins, inlets, and other appurtenances).
2. Maintenance. The City shall keep the underground storm sewer system
improvements (whether described in Paragraph 3 hereof or hereafter constructed by City in the
Easement Area) in good condition and repair and shall make all necessary and appropriate
repairs and replacements thereof.
3. Conve anc . Grantor has constructed in the Easement Area storm sewer
improvements substantially in compliance with plans and specifications heretofore approved by
the City and hereby conveys all such underground storm sewer system improvements located on
the Easement Area to City.
system improvements incl
appurtenances thereto hereto
subject to the terms and coi
personal covenant (and not
the Grantor Property), hereb
2007, that such undergrou
Grantor on the Easement A
and specifications for sam
workmanlike manner free fr
City hereby accepts ownership of said underground storm sewer
zding, but not limited to, all catch basins, inlets and other
fore constructed and approved by the City in connection therewith,
ditions in this Agreement; provided, however, Grantor, solely as a
ts owner of the Grantor Property and not as a covenant binding on
agrees to guarantee to City for a one (1) period after September 15,
A storm sewer system improvements heretofore constructed by
;a have been constructed substantially in accordance with the plans
approved by the City and have been constructed in a good and
m defects in materials and workmanship.
4. Duration. The easement granted herein shall be permanent and (except to the
extent otherwise expressly; provided in Paragraph 3 above) shall create mutual benefits and
covenants running with the Grantor Property and shall be binding upon any owner, tenant or
occupant of the Grantor Property and their respective legal representatives, heirs, successors and
assigns.
5. So
whatsoever except by an i
agreement between the pE
prior negotiations, discus.,
underground storm sewer
herein except as set forth r
6. Ap licablE
accordance with the laws
7. Run Wit
Paragraph 3 above, this
upon and inures to the bE
This Agreement may not be amended or modified in any respect
ment in writing signed by all parties. This constitutes the entire
with respect to the easement set forth herein and supersedes all
writings and agreements between them in connection with the
;m improvements described herein and the easement described
.aw. This Agreement shall be governed by and construed in
the State of Minnesota.
Land. Except to the extent otherwise expressly provided in
tment will run with title to the Grantor Property and is binding
of the parties hereto and their respective successors.
[Signature page follows.]
2
IN WITNESS
Sewer Easement Aare
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing ii
2007, by James B. Hovl
Edina, a municipal corp
the corporation.
?REOF, the parties hereto have executed this Underground Storm
as of the date first above written.
CITY OF EDINA a municipal corporation
organized under A laws of the State of
Minnesota A j
James B. Hovland, Mayor
Gordon L. Hugh* , CltV Manager
5000 FRANCE CO ANY
By:
Its Pres ent
ss
ment was acknowledged before me this (:)—/ day of September,
the Mayor, and Gordon L. Hughes, the City Manager of the City of
on organized under the laws of the State of Minnesota, on behalf of
STATE OF MINNESOTA I )
) ss
COUNTY OF HENNEPIN I )
The foregoing ins
2007, by Gene Haugland,
behalf of the corporation.
CH of
N
My Commission Expires
Nlotary, ublic
JANE M. TIMM
0 Notary Publio-Minnesota
Yi M
• ;ase� Y Commission EKpires Jan 31,2010
nent was acknowledged before me this 2 1 day of September,
President of 5000 France Comp y, a Minnesota corporation, on
Notary Publ*
K. MOUNE
i Public
31, 2010
3
The undersigned,
Financing Statement and ,
the office of the County
Document No. 8659953,1
Agreement and agrees 1
Financing Statement and
the City of Edina, its suc
Agreement.
STATE OF NEBRASKA
COUNTY OF DOUGLAS
The foregoing in;
2007, by illir,U -Vt.
of the First National Ba.
National Bank of Omaha,
CONSENT
under that certain Mortgage, Security Agreement, Fixture
ent of Leases and Rents dated September 22, 2005, recorded in
in and for Hennepin County on September 23, 2005 as
consents to the foregoing Underground Storm Sewer Easement
its rights under said Mortgage, Security Agreement, Fixture
of Leases and Rents shall be subordinate to the rights of
and assigns under such Underground Storm Sewer Easement
FIRST NATIONAL BANK OF OMAHA,
a national banking association
ss
ament was acknowledged before me this ZO day of September,
S1- y k h s(L-4i , the _\II,k -t— � 6T, +Q5, r-
of Omaha, a national banking association, on behalf of the First
GENERAL NOTARY -State f Nebraska
TRACY MOR ISON
My Comm. Exp, Dec 24, 2007
THIS INSTRUMENT PREPARED BY:
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
I
EXHIBIT A
Legal Description of Grantor Property
Tracts G and T, Registere Land Survey No. 1 ri S 5 , Hennepin County, Minnesota.
EXHIBIT B
Legal Description of Easement Area
The South 4.00 feet of Tracts G and T, Registered Land Survey No. 1/05
S
Hennepin County, Minne ota.
C)
10
EASEMENT SKETCH FOR:
5000-FRANCE, LLC
w®ossrs..e
='�•
Schoell Madson"
r.nrr
r
W 8
mtT..., TepYrtq a—AV
W
� 8
...rr
U02012TW 20=0
FRANCE AVENUE SOUTH
.war. am
TRACT G-' sna'20Y Iee.e7
This drawing has bean checked and
reviewed this day of
20
= w TRACT G
TRACT Oao-
r.nrr
r
W 8
W
� 8
TRACT 8
o&
U02012TW 20=0
FRANCE AVENUE SOUTH
.war. am
TRACT G-' sna'20Y Iee.e7
This drawing has bean checked and
reviewed this day of
20
= w TRACT G
04342- OM- ZW- STOxim
STORM SEWER EASEMENT OESCR1pTION
An aosement far Storm Sewer purposes over,
under and across the South 4 et 00 fed of Tracts G
and T. Registered land Survey N.
Hennepin County, Minnesoto.
NOTES:
Tract 0 fats between elovotions 867.17 feet and
882.67 feet (NGVO 29)
Trod T lies between elewtians 8EZ67 feet and
898.67 feet (NM 29)
W
2 0
3
30 0 15 30 so
(liaxis BT 76S! )
I hereby certify that this survey was prepared under
m- supervTSgn and that I am a Lioanwd Land
undw the lows of the State of Minnesotm
bms a
Dater License No. 13594
y
NORTH LNE OF
TRACT C
TRACT 0
THE S01fit1 1.00
TRACT E 0FM Or TRACTSu„1
b
•
tv
TRACT F
S
s
..
st0ah ��cT; iii J�
04342- OM- ZW- STOxim
STORM SEWER EASEMENT OESCR1pTION
An aosement far Storm Sewer purposes over,
under and across the South 4 et 00 fed of Tracts G
and T. Registered land Survey N.
Hennepin County, Minnesoto.
NOTES:
Tract 0 fats between elovotions 867.17 feet and
882.67 feet (NGVO 29)
Trod T lies between elewtians 8EZ67 feet and
898.67 feet (NM 29)
W
2 0
3
30 0 15 30 so
(liaxis BT 76S! )
I hereby certify that this survey was prepared under
m- supervTSgn and that I am a Lioanwd Land
undw the lows of the State of Minnesotm
bms a
Dater License No. 13594
' r
Doc No 4431306 09/28/2007 12:00 PM
Certified filed and or recorded on above date:
Office of the Registrar of Titles
Hennepin County, Minnesota
Michael H. Cunniff, Registrar of Titles
TranslD 345577 Deputy 25
New cert Cert Fees
1212139 $1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$2.00 COPY
$48.00 Total
TAXPAYER SERVIO S
TRANSFER ENTE ED
SEP 2 H 20071
i
DRIVEWAY EASEMENT AGREEMENT
This Ramp, Alley and Driveway Easement Agreement ( "Agreement ") is made as of the
02f cr fday of September, 2007, by and between City of Edina, a municipal corporation organized
under the laws of the State of Minnesota (the "City "), and 5000 France Company, a Minnesota
corporation (the "Grantee ").
WITNESSETH, tha :
WHEREAS, City is the owner of the property described on Exhibit A attached hereto and
incorporated herein by reference (the "Grantor Property "); and
WHEREAS, Grantee is the owner of the property described on Exhibit B attached hereto
and incorporated herein by reference (the "Grantee Property "); and
WHEREAS, an alley and a parking ramp and related access drives are currently
constructed on the Grantor Property; and
WHEREAS, in connection with the development of the Grantee Property, City has
agreed to grant an easement for driveway purposes for access and ingress and egress of persons
and vehicles to Grantee over a portion of the Grantor Property for the benefit of the Grantee
Property in accordance with the terms hereof.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the parties hereto agree as follows:
i
1. Easement Grants. City hereby grants to Grantee as owner of the Grantee Property
and for the benefit of the Grantee Property and its owners, successors, and assigns an easement
for driveway purposes and access and ingress and egress of persons and vehicles and for
construction, maintenanc , operation and repair of a driveway over and across those portions of
the said parking ramp an alley and related access drives legally described on Exhibit C attached
hereto and incorporated erein by reference ( "Easement Area "). Further, said Easement Area is
graphically described on Exhibit D attached hereto and incorporated herein by reference. Said
easement shall be a permane t non- exclusive easement for such driveway and access and ingress
and egress purposes. Such easement shall include the exclusive right to control access over such
area at the easterly side of the parking ramp, both from the east and from the west. Such
easement shall also include the right to erect, maintain, operate, repair and replace, and run
electrical power to, access c ntrol devices in said Easement Area for access from the Easement
Area into the said City ramp rom the east and out of said City ramp to the Grantee Property.
2. Maintenance. The City agrees to maintain, repair and replace and keep in good
condition and repair all improvements (but not the access control devices and concrete medians
which are installed by Grantee, which Grantee is required to maintain, repair and replace and
keep in good condition and repair) necessary for such access. In the event such Easement Area
is damaged or demolished, City will promptly provide alternative access reasonably acceptable
to Grantee. Construction of such access and the initial control devices has been completed by
Grantee and included the removal of the applicable portion of the east wall of the ramp and the
connection with the public alley area east of such wall which construction is deemed approved
by the City and the City Engineer. City shall be responsible for all snow and ice removal in the
Easement Area in order to keep the Easement Area in good, safe and serviceable condition.
3. City and Grantee shall cooperate to prevent material interference with access
under this Easement Agreement and use all reasonable effort to grade the Easement Area so as to
avoid transfer of storm water from the Easement Area onto the Grantee Property. City shall also
maintain the grade of the Easement Area to allow use of the Easement Area as a driveway as
contemplated herein.
4. Modification's. City may make modifications to the Easement Area so long as
such modifications do not materially adversely affect the rights granted herein by City, nor the
use of such driveway by Grantee, its successors and assigns, nor in any material manner impair
access, ingress and egress over the Easement Area by Grantee, its successors and assigns. Any
such modifications by City shall be made at City's sole cost and expense. No modifications or
other improvements shall be constructed in the Easement Area which would materially hinder or
impede use of the Easement Area as a driveway for access and ingress and egress of persons and
vehicles.
5. Duration. The easements granted herein shall be permanent and shall create
covenants and agreements benefiting the Grantee Property, and shall benefit and be binding upon
the City and any owner, tenant or occupant of the Grantee Property and the Grantor Property and
their respective legal representatives, heirs, successors and assigns.
6. Sole Agreement. This Agreement may not be amended or modified in any respect
whatsoever except by an instrument in writing signed by all parties. This constitutes the entire
agreement between the parties with respect to the easement set forth herein and supersedes all
prior negotiations, discussi' ns, writings and agreements between them in connection with the
easements described herein) except as set forth herein.
2
I
7. Applicab le L w. This Agreement shall be governed by and construed in
accordance with the laws of e State of Minnesota.
8. Run With tk Land. This Agreement will run with title to the Grantor Property
and the Grantee Property and is binding upon and inures to the benefit of the parties hereto and
their respective successors. he covenants of City and Grantee and each of the owners set forth
in this Agreement are mad by such parties solely as the owner(s) of the respective property
owned by them referred to h rein and the obligations herein shall be binding on the owner(s) of
the Grantor Property, the Grantee Property and their respective successors and assigns only as to
such obligations arising during their respective periods of ownership of the applicable parcel.
[Signature page follows.]
3
IN WITNESS WHEREOF, the parties
Agreement as of the date first above written.
STATE OF MINNESOTA
hereto have executed this Driveway Easement
CITY OF EDINA, municipal corporation
organized and I r the laws of the State of
Minnesota \ �
B./govland,
L. Hughes, jqity Manager
5000 FRANCE CO NY
By:
Its President
) ss
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a da of Se tember Y September,
2007, by James B. Hovland, the Mayor, and Gordon L. Hughes, the City Manager of the City of
Edina, a municipal corporation organized under the laws of the State of Minnesota, on behalf of
the corporation.
�otary ublic
STATE OF MINNESOTA JANE M. TIMM
SS Notary public- Minnesota
COUNTY OF HENNEPIN My COMMIWO^Eboirft Jan 31,2olo
The foregoing instrument was acknowledged before me this day of September,
2007, by Gene Haugland, the President of 5000 France Company, a Minnesota corporation, on
behalf of the corporation.
C ERYL K. MOLINE
� Notar Pu c
Notary Public
W c'
•: Minnesota
My Commission Aires January 31, 20,0
4
I
CONSENT
The undersigned, Mortgagee under that certain Mortgage, Security Agreement, Fixture
Financing Statement and Assi ent of Leases and Rents dated September 22, 2005, recorded in
the office of the County R corder in and for Hennepin County on September 23, 2005 as
Document No. 8659953, hereby consents to the foregoing Ramp, Alley, and Driveway Easement
Agreement and agrees that its rights under said Mortgage, Security Agreement, Fixture
Financing Statement and Assignment of Leases and Rents shall be subordinate to the rights of
the City of Edina, its successors and assigns under such Ramp, Alley and Driveway Easement
Agreement,
FIRST NATIONAL BANK OF OMAHA,
a national banking association
STATE OF NEBRASKA )
)SS
COUNTY OF DOUGLAS )
+� iw
The foregoing instrument was acknowledged before me this L 6 day of September,
2007, by , the ifteas PA�0&%4r"
of the First National Ba4 of Omaha, a national banking association, on behalf of the First
National Bank of Omaha.
gV;G77ER—ALN0TARY4tate of Nebraska
TRACY MORRISON
Comm. Exp. Dec. 24, 2007
THIS INSTRUMENT PREPARED BY:
GRAY, PLANT, MOOTY, MOOTY
& BENNETT, P.A. (JLT)
500 IDS CENTER
80 SOUTH EIGHTH STREET
MINNEAPOLIS, MN 55402
Notary Pul5lic
EXHIBIT A
Legal Description of Grantor Property
i
I
That part of Auditor's Subdivision No. 172, Hennepin County, Minnesota, described as follows:
Beginning at the southeast corner of Tract C, Registered Land Survey No. 1426; thence north
along the east line thereof to the most southerly and easterly corner of Tract A, Registered Land
Survey No. 1426; thence easterly to the west line of Lot 44, Auditor's Subdivision No. 172,
Hennepin County, Minnesota distant 181.05 feet north of the south line thereof, thence north
along the west line of Lot 44 to the north line of the south 191.5 feet of said Lot 44; thence east
parallel with the south line of Lot 44, 107 feet to a point 3 feet west from the east line of Lot 44;
thence north parallel with the east line to the south line of West 50th Street; thence east 6 feet;
thence south to a point 324.25 feet north from the south line of Lot 45, Auditor's Subdivision
No. 172, Hennepin County, Minnesota; thence east parallel with the south line of Lot 45, 4 feet;
thence south 134.75 feet; thence east 33 feet to the west line of the east 150 feet of Lot 45;
thence south along the west line of the east 150 feet of Lot 45 and its extension southerly to the
northeasterly line of 51St Street; thence northwesterly along the northeasterly line of 51St Street to
the point of beginning.
IEXHIBIT B
L gal Description of Grantee Property
Tracts B, C, D, E, F, H, J, K, R, S, U, V, W, X, BB, CC, DD, EE, FF, GG, HH, II, KK, LL,
MM, NN, 00, PP, QQ, RR, T, UU, VV, WW, XX, YY, ZZ, AAA, CCC, DDD, EEE, FFF,
GGG, and JJJ
Registered Land Survey No. 17 S S , Hennepin County, Minnesota.
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EASEMENT SKETCH FOR: 5000 FRANCE, LLC 642
INGRESS AND EGRESS EASEMENT DESCRIPTION:
Tlfll,.6,90D r161T.61699
A 22.00 foot wide easement for ingress and egress purposes over
m09 SOIV8y1'Ig eiw a"v. uo„�.ssTw and across part of Lots 44 and 49, Auditor's Subdivision Number
r zznau� 172, Hennepin County, Minnesota, according to the recorded plat
thereof, the centerline of said easement being described as follows:
Commencing at the northwest corner of the south 70.00 feet of
NOM�w z°''00 Lot 45, said Auditor's Subdivision Number 172; thence on an
—
TRACT wD. . mv.r. >n.+ I
assumed bearing of North 0 degrees 20 minutes 20 seconds West,
't7sr
TRACT 8 TRACT C TRACT D
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TRACT a— 90ffi30'E
,4
This drawing has been checked and
reviewed this _ day of
20_
by
TRACT a_ along the west line of said Lot 45, also being the east line of said
` Lot 44, a distance of 18.35 feet, to the point of beginning of the
ifa`� �•
TRACT I centerline to be described, thence South 71 degrees 07 minutes 57
seconds West, a distance of 15.54 feet; thence South 89 degrees
39 minute 38 seconds West, a distance of 31.93 feet; thence
NOETMTM .a_ South 1 degree 02 minutes 31 seconds East, a distance of 107.87
TRACT E T TRAn s 8 feet; thence southwesterly, a distance of 79.79 feet, along a
? $ tangential curve concave to the northwest, having a radius of
a 112.05 feet and a central angle of 40 degrees 47 minutes 56
seconds; thence South 39 degrees 45 minutes 25 seconds West, a
distance of 25.00 feet and said centerline there terminating.
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TRACT F 8 k� The sidelines of said easement shall be prolonged or shortened to
• Y3 �'_� terminate at the east line of said Lot 44.
I. RAC
so2ww >5>t9Y5Yw ygsi x[icr Tai
/ / •• 7�� // // 40 a 20 40 80
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(SCALE >x FEET �
I hereby certify that this survey was prepared under
my supervision and that 1 am a Licensed Land
Surveyor under the laws of the State of Minnesota.
DANIEL G. NICKOLS
Date: License No. 19839
f
EXHIBIT C
Legal Description of Easement Area
A 22.00 foot wide easement for ingress and egress purposes over and across part of Lots 44 and
49, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the recorded
plat thereof, the centerline of said easement being described as follows:
Commencing at the northwest corner of the south 70.00 feet of Lot 45, said Auditor's
Subdivision Number 172; thence on an assumed bearing of North 0 degrees 20 minutes 20
seconds West, along the west line of said Lot 45, also being the east line of said Lot 44, a
distance of 18.35 feet, to the point of beginning of the centerline to be described, thence South 71
degrees 07 minutes 57 seconds West, a distance of 15.54 feet; thence South 89 degrees 39
minutes 38 seconds West, a distance of 31.93 feet; thence South 1 degree 02 minutes 31 seconds
East, a distance of 107.87 feet; thence southwesterly, a distance of 79.79 feet, along a tangential
curve concave to the northwest, having a radius of 112.05 feet and a central angle of 40 degrees
47 minutes 56 seconds; thence South 39 degrees 45 minutes 25 seconds West, a distance of
25.00 feet to the northeasterly right of way line of West 51't Street and said centerline there
terminating.
The sidelines of said easement shall be prolonged or shortened to terminate at the east line of
said Lot 44.