278767 WHITE - CITY CLERK - ��Q���
PINK - FINANCE COl1RC1I V
CANARY - DEPARTMENT � G I T Y O F S A I N T PA IT L
BLUE - MAYOR File N O.
Counci Res t�o
Presented B ^�� �
Y
Referred To Committee: Date
Out of Committee By Date
RESOLUTION AUTHORIZING
EXECUTION OF EASEMENT
AGREEMENT
WHEREAS,
(a) The City of St. Paul, Minnesota ("City") has
undertaken the improvement of real property, identified in Exhibit
1 ("Property") for use as a public plaza;
(li) The improvements to said property are being con-
structed in accordance with �lans and specifications prepared
by the City, identified as City Project No. 81-P-0886, Machovec's
Triangle;
(c) The owner of the Property has granted the City
an easement for public purposes, and has further agreed to under-
take obligations of maintenance, repair, operation and insurance
of the public plaza and improvements ;
(d) The City will benefit from the improvements and
the maintenance of the improvements by the owner of the Property;
NOW� THEREFORE� BE IT RESOLVED by the City Council of the
City of St. Paul, Minnesota, as follows :
The City hereby approves the execution and recording
of the Plaza Easement Agreement attached hereto as Exhibit
2 and the Grant of Easement attached hereto as Exhibit 3.
COUNCILMEN
Yeas Nays Requestgd b Department of:
unt �� ne Fletcher In Favor
ddox L2t°in@ .�,/
cMahon �
owaiter �a�� __ A gai n s t BY —
T esco Nicosie
Wi on $theibe�
Tedesco JUN 3 �981 Form Appro by City Attorney
Adopted by Council: w��p Date
Certified Pas e ouncil , et BY %�Gl/Y'�'Q'�/✓�
By
Appro Ylavor: Date ��� 7 1982 _ Approve Mayor for Su to Coun il
B �
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PUBLISNED JU�� 1� 19�2
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. �:., .< . r , EXHIBIT 3
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GRANT OF EASEMENT
WHEREAS, Stanley F. Machovec and Gloria R. Machovec, husband
and wife, are owners of that property described as : .
That part of Lots 15 and 16, Block 31, Thomas
Daly' s Subdivision of Blocks 18 and 31,
Stinson, Brown and Ramsey' s Addition to St. .
Paul described as follows : ,
Commencing at the Northeast corner of �
Warsaw and West Seventh Streets the
same being the Southwest corner of
said Lot 16, above described, running
thence North on the East line of Warsaw
Street, 56. 41 feet to the Southwest
corner of Lot l, A. H. Koehler' s Re-
arrangement "A" ; thence running East �
� , along the South line of said Lot 1,
14.07 feet to a point; thence running
Southeasterly along the Westerly line
of said Lot 1 until it strikes the
North line of West Seventh Street;
thence running Southwesterly along
the North line of West Seventh Street,
49.80 feet to the place of beginning,
except from said Lot 16 that part
described as follows : Beginning on
the East line of South Osceola Avenue,
19 feet North from the intersection _
of said East line produced Southerly
with the Northwesterly line of V7est .
. Seventh Street produced Southwesterly;
thence Southeasterly to a point on the
Northwesterly line of West Seventh
Street, 19 feet Northeasterly from
the aforementioned intersection;
thence Southwesterly along said North-
westerly line, 13 feet; thence North-
westerly to a point on the East line
' of South Osceola Avenue, 13 feet South
from the point of beginning; thence
Northerly along said East line to
beginning.
Subject to Restrictions contained in Document
Number 254217. (Torrens)
and Stanley F. Machovec, a married person, and Sophie R. Machovec,
a widow, owners of that certain property described as:
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Lots 1 and 2, A. H. Koehler' s Re-arrangement
"A" , according to the plat of said addition
on file and of record in the office of the
County Recorder. (Abstract)
, herein collectively referred to as "Grantor" , are the owners in
fee of that certain land situated in the City of Saint Paul, �
County of Ramsey, State of Minnesota, more particularly described
above, hereinafter called "Grantor' s Property" ; and �
WHEREAS, Grantor has agreed pursuant to that Agreement
clated October 20, 1981, to grant to the City of Saint Paul a
public easement for a public plaza with public improvements
located thereon, such plaza to be located on Grantor' s Property;
and further to undertake certain obligations as provided in
said Agreement concerning the maintenance, repair, operation
and insurance of the plaza and improvements .
NOW, THEREFORE, in pursuance of that Agreement, and in con-
sideration of the sum of ONE DOLLAR ($1 . 00) and other valuable .
consideration, the receipt and sufficiency whereof is hereby
acknawledged, Grantor, for itself and its successors and assigns,
does hereby grant unto the CITY OF SAINT PAUL, a Minnesota
municipal corporation, an easement for the plaza and improvements
thereon for the use and benefit of the public, described as
follows:
(See Exhibit 1 attached hereto)
Public use of the easement area is expressly herein made
subject to such reasonable police measures regarding open hours
and closing any part or all of the easement on Grantor' s Property
and regarding public conduct within the plaza, as the City of
Saint Paul may, by osdinance, from time to time determine; and
The public' s right herein to use of the plaza and improve-
ments thereon shall be and hereby is made subject to such reason-
. able measures regarding open hours and temporarily closing part (s)
or all of the easement areas within or on Grantor' s Property as
' the City of Saint Paul may, b� agreement with Grantor or its
successors or assigns, from time to time, determine. This
� pro�ision shall not diminish the City' s right, to exercise, from
� time to:;time,.,.its .police powers unilaterally, by ordinanc�, con-
cerning; hours open for public use, or temporarily closing part (s)
� � or all .of�`~t.3�e easement: to the public, or concerning public conduct
- within -the easement, .nor,:shall such agreed or legislated hours in
any manner� restrict City'_s easement interest, but shall affect
only the public's rights to the: use and benefit of the plaza and
� improvements thereon. . ,
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Notwithstanding anything to the contrary herein, the ease-
ment given shall be limited to the life of the improvements
constituting the plaza and shall terminate upon the happening
of either of the following events :
A. In the event the easement granted herein is
vacated, abandoned or discontinued in the
manner required by law. �
B. In the event the building adjacent to the
land upon which the easement is located,
shall be substantially destroyed or demol-
ished and such building shall not be repaired
or reconstructed; provided, however , that in
the event such building (s) be reconstructed
or replaced, Grantor, its successors and � �
. assigns agree that, without further consider-
ation, a substitute easement of substantially
equal convenience, area and general configur-
ation shall be given.
The grant of easement herein shall be subject to the right
of the Grantor, its successors and assigns , to seek vacation of
the public easement; provided, however, that the Grantor shall
pay, as compensation for said vacation under Section 130 . 05 (1)
of the Saint Paul Legislative Code, the City' s costs of acqui-
sition, construction and installation of said plaza and improve-
ments, less depreciation computed on a ten-year, straight-line
basis; further provided, that in the event the Grantor elects
to remove or dispose of said improvements after vacation of the
public easement, this shall be at its own cost and responsibility.
The City may, at its option, seek vacation of the public
easement as provided by law; provided, however, that in that
case the City shall bear the cost and responsibility for remo-
ving and/or disposin� of the improvements on the plaza, and
Grantor shall not be obligated to pay any compensation for
said vacation.
Grantor, for itself, its successors and assigns , does hereby
agree that for and during the life of said easement, Grantor, or
its designee by separate agreement, shall be responsible for
and/or provide for the cost of all maintenance , operation, repair
and insurance of the public plaza and improvements thereon, it
being understood that the aforesaid covenant shall run with the
land.
Grantor reserves unto itself the right and privilege of
selling, conveying and transferring the Property described above
or any interest therein to the extent not prohibited by or
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inconsistent with any other Agreement which may be applicable.
In the event of transfer of the Grantor' s interest in the
Property, the Grantor (seller) may be freed and relieved, from
and after the date of such transfer, of all liability as respects
the performance of any covenants or obligations on the part of
Grantor (seller) contained in the Agreement which are thereafter
to be performed; provided that Grantor' s successor fully and �
without limitation assumes in writing all duties , responsibil-
ities and covenants of the Grantor hereunder. �
TO HAVE AND TO HOLD said easement for a public plaze and
improvements thereon, together with all rights of ingress and
egress pertaining thereto unti� the plaza and improvements are
vacated or abandoned in the manner required by law, or terminated
in accordance herewith.
IN W��'NESS WHEREOF, rantor h - hereunto set it hand
this _�_ day of f� ► 19�-
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�
NLEY OVEC
� �2� Yr�..�..�..���
GLORIA R. MACHOVEC �
STATE OF MINNESOTA )
) SS . .
COUNTY OF RAMSEY . )
The foregoing trument w s acknowledged before me this
�� day of � _ 1t __, 1981, by STANLEY F.
' MA C I�O V E C and GLORIA R. MACHOVEC, husban d an d wi fe.
� .
Notary Public
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N�TAP.Y PUBLIC—trS1kKESOTA
Rk::s�v coun�n-
MY Cbmar.ss.;,n E,:�ires Jc,a•11,1984 ..
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TANLEY . MA OVEC
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SOPH3E �t. MACH VEC
STATE OF MINNESOTA )
) SS .
COUNTY OF RAMSEY )
The foregoing instrum t was acknowledged before me this
� day of � K__, 1981, by STANLEY F. MACHOVEC,
a married person, and SOPHIE R. MACHOVEC, a widow.
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EXHIBIT 1
That part of Lots 15 and 16, Block 31, Thomas
Daly' s Subdivision of Blocks 18 and 31, Stinson,
Brown and Ramsey' s Addition to St. Paul described
as follows:
Commencing at the Northeast corner of Warsaw
and West Seventh Streets the same being the �
� Southwest corner of said Lot 16, above des-
cribed, running thence North on the East line �
of Warsaw Street, 56 .41 feet to the Southwest
corner of Lot 1 , A. H. Koehler' s Rearrange-
ment "A" ; thence running East along the South ,
line of said Lot 1, 14 . 07 feet to a point;
thence running Southeasterly along the West-
erly line of said Lot 1 until it strikes the
North line of West Seventh Street; thence
running Southwesterly along the North line
of West Seventh Street, 49 . 80 feet to the
place of beginning, except from said Lot 16
that part described as follows : Beginning
on the East line of South Osceola Avenue,
19 feet North from the intersection of said
East line produced Southerly with the North-
westerly line of West Seventh Street produced
Southwesterly; thence Southeasterly to a point
on the Northwesterly line of West Seventh
Street, 19 feet Northeasterly from the afore-
mentioned intersection; thence Southwesterly
along said Northwesterly line, 13 feet; thence
Northwesterly to a point on the East line of
South Osceola Avenue, 13 feet South from the
point of beginning; thence Northerly along
said East line to beginning.
Subject to Restrictions contained in Document
Number 254217 . (Torrens)
� � , Exhibit 2
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PLAZA EASENfEt�T AGREEMENT
This Agreement is made and entered into this day of , 1981 ,
. .by and between the City of Saint Paul , a municipal corporation, hereinafter referred
to as the "City"; Stanley F. Machovec and Gloria R. Machovec, husband and wife,
owners of that property described as :
That part of Lots 15 and 16, Block 31 , Thomas Daly's Subdivision
of Block 18 and 31 , Stinson, Brown and Ramsey's Addition to
St. Paul described as follows : �
Commencing at the Northeast corner of Warsaw and West
Seventh Streets the same being the Southwest corner
of said Lot 16, above described, running thence North
on the East line of Warsaw Street, 56.41 feet to the ;
Southwest corner of Lot 1 , A. H. Koehler's Rearrangement
� "A"; thence running East along the South line of said
Lot l , 14.07 feet to a point; thence running Southeasterly
along the Westerly line of said Lot 1 until it strikes �
the North line of West Seventh Street; thence running
� � Southwesterly along the North line of West Seventh Street,
49,80 feet to the place of beginning, except from said
Lot 16 that part described as follows: Beginning on the
East line of South Osceola Avenue, 19 feet North from the
intersection of said East line produced Southerly with
the Northwesterly line of West Seventh Street produced
Southwesterly; thence Southeasterly to a point on the
Northwesterly line of West Seventh Street, 19 feet
Northeasterly from the .aforementioned intersection;
thence Southwesterly along said Northwesterly line,
13 feet; thence Northwesterly to a point �n the East
line of South Osceola Avenue, 13 feet South from the
= point of beginning; thence Northerly along said East 1-ine '
, to beginnin�g.
Subject to Restrictions contained in Document Number 254217.
(Torrens)
.
� and Stanley F. Machovec and Sophie R. Machovec, .owners of that property described
_ d5 :
Lots 1 and 2, A. N. Koehler's Re-arrangement "A", according
� to the plat of said addition on file and of record in the Office
of the County Recorder. (Abstract)
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all of which owners shall be collectively referred to as the "Owners" and
their property (including for this Agreement both Tracts) collectively as
"Property". �
THIS AGREEMENT is made in consideration of the mutual promises and .
,.
• and undertakings of the parties hereto, the expenditure of both public and �
private funds as required herein, the burdens and benefits affecting the
Property of the Owners, and the public benefits accruing from the improve-
ments and their maintenance. . .
PLAZA CONSTRUCTION �
1 . The City agrees to construct on a portion of the Property of the
Owners a plaza area with certain improvements , all in accordance with the
. plans and specifications as prepared by the City and identified as City
Project No. 81-P-0886, Machovec's Triangle. The City will construct all .
� the improvements (unless otherwise provided herein) ; including planters,
benches, and a light, and accomplish the landscaping, as provided in said
plans and specifications. The City will install the wiring and conduit
for the light up to the building and adjecent to the plaza owned by the �
Owners. The Owners shall connect the wiring and conduit to the building
electrical system at their own expense.
2. The Owners shall be responsible for and provide� at their own
cost all materials or items as shown on the plans and specifications ,
including the buoy and flowers, which are indicated to be their responsibility.
DEPARTMENT: �
CONTACT:
ROUTING nr�n EXPLANATIgN Sl�Ef pHp�; Qg?
GREEN SHEET
For Admiaistrative Orders, Resolutions, Ordinances and A�reements ��V /V�
gOUTIN6 ORDER - ROl1TE BY ASSI6NED NUMSEB: ��CEi\I
lY
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EASEMENTS AND HOURS
3. The Owners hereby agree to grant to the City a public easement
for public use and enjoyment of the plaza and improvements , which obligates
said Owners and burdens their Property (including both tracts) by requiring
them to maintain, operate, repair and insure the plaza and improvements . �
The Owners shall , as to any portion of the Property whose title is registered,
present the owner's duplicate certificate for such Property for the purpose
of making a memorial of such grant of easement upon such certificate of
title at the office of the County Recorder for Ramsey County, Minnesota.
Said � easement to be granted by the Owners shall be in the form attached
hereto as Exhibit A and shall grant to the public the right of use of said `
plaza and improvements over the Property for purposes of pedestrian use,
ingress , egress and transit, except for such reasonable police measures
regarding open hours and closing all or part of the plaza as the City may,
by ordinance, from time to time determine, or regarding public conduct �
therein as may be prohibited by applicable ordinance as amended from time
to time.
OPERATION, MAINTENANCE AND REPAIR
�. The Owners agree to maintain, repair and operate the plaza and
.
• improvements thereon at their sole cost and expense, and shall keep and
maintain the plaza and improvements in repair and in safe condition for '
� public use, reasonably clean and free of litter and debris. The Owners
' shall provide and pay for any and all costs of electricity needed for the
operation of the light.
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,� � : ` • ��� � .- '� � � ' -� ' HOW TO USE THE GREEN SHEET �
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The GREEN SHEET has several purposes:
1. To assist in routinq documents and in securinq
. ;�; r�qu�re�c signatures
2. To brief the reviewers of documents on the impacts
ot approval
3. To help ensure that necessary supportinct materials
are prepared and; if required, attached.
ROUTING
�_
Most GREEN Si�EyT actions must �e re�r�ewed by � �epar'�:nent
�irector, zhe �ity �ttorney, �:e Director of Management, the
Director of Finance and Management Services. Other possible
reviewers/signatures are listed.
BRIEFING
Most of the GREEN SHEE� he�dings are designed to assist, in
1 developing a rec�.s of the `,decisio�n which,�the attacMmertts ,�_
i-� ,
, . ; repr�sent:� r'� � fiead r�gs are o: fer�d- to'�rem-�.nd'u�ers Q�� so�e� • ; :
of the �more ;critical eliements of this brief.
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' The Financial � Bud etar � and Pe�sonnel I act�. heading provides
a space to explain the cost benefit a�pects, of� the; decisi�n.. � '`
Costs and benefits relate both to City b�dget �(GeneraS� �'ttnd a�c#/or
Special Funds) and to broader financial i�mpacts (cost to u�ers,
� homeowners or other groups affected by the action) . The personnel '
impa�t is a descript�,on of change or shi�t of Full-Ti.me Equiv�alent
; ; (1?TE� �pq�itions. ; ' ;
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SUPPORTING MATERIALS ' � . � �
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" In the Attachments section, list all attachments. If the GREEN
SHEET is well done, no letter of transmittal need be included
(unless signing such a letter is one of the requested actions) .
Note: Actions which require City Council resolutions include:
a. Contractual relationship with another government unit.
,
b. Collective bargaining.-'� ' ' `�' `
c. Purchase or sale of land, or lease of land.
d. Issuance of bonds by City. °
e. Eminent domain.
f. Assumption of liability by City, or granting
by City of indemnification.
g. Agreements with State or Federal Government
under which they are providing. funding.
Note also: If an agr.eement requires evidence of insurance/co-
insurance, a Certificate of Insurance should be orie
of the attachments at time of routing.
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EXHIBIT 1
That part of Lots 15 and 16, Block 31, Thomas
Daly' s Subdivision of Blocks 18 and 31, Stinson,
Brown and Ramsey' s Addition to St. Paul described
as follows:
Commencing at the Northeast corner of Warsaw
and West Seventh Streets the same being the �
� Southwest corner of said Lot 16, above des-
cribed, running thence North on the East line •
of Warsaw Street, 56 .41 feet to the Southwest
corner of Lot 1, A. H. Koehler' s Rearrange-
ment "A" ; thence running East along the South ,
line of said Lot 1, 14 . 07 feet to a point;
thence running Southeasterly along the West-
erly line of said Lot 1 until it strikes the
North line of West Seventh Street; thence
running Southwesterly along the North line
of West Seventh Street, 49 . 80 feet to the
place of beginning, except from said Lot 16
that part described as follows : Beginning
on the East line of South Osceola Avenue,
19 feet North from the intersection of said
East line produced Southerly with the North-
westerly line of West Seventh Street produced
Southwesterly; thence Southeasterly to a point
on the Northwesterly line of West Seventh
Street, 19 feet Northeasterly from the afore-
mentioned intersection; thence Southwesterly
along said Northwesterly line, 13 feet; thence
Northwesterly to a point on the East line o£
South Osceola Avenue, 13 feet South from the
point of beginning; thence Northerly along
said East line to beginning.
Subject to Restrictions contained in Document
Number 254217 . (Torrens)
� � . Exhibit 2
' � • � ?�$�s�
PLAZA EASEMEt�T AGREEMENT
This Agreement is made and entered into this day of , 1981 ,
. .by and between the City of Saint Paul , a municipal corporation, hereinafter referred
to as the "City"; Stanley F. Machovec .and Gloria R. Machovec, husband and wife,
owners of that property described as : �
That part of Lots 15 and 16, Block 31 , Thomas Daly's Subdivision
of Block 18 and 31 , Stinson, Brown and Ramsey's Addition to
St. Paul described as follows:
Commencing at the Northeast corner of Warsaw and West
Seventh Streets the same being the Southwest corner
of said Lot 16, above described, running thence North
on the East line of Warsaw Street, 56.41 feet to the -�-
Southwest corner of Lot 1 , A. H. Koehler's Rearrangement
� "A" ; thence running East along the South line of said
Lot 1 , 14.07 feet to a point; thence running Southeasterly
along the Westerly line of said Lot 1 until it strikes �
the North line of West Seventh Street; thence running
Southwesterly along the North line of West Seventh Street,
49.80 feet to the place of beginning, except from said
Lot 16 that part described as follows: Beginning on the
East line of South Osceola Avenue, 19 feet North from the
intersection of said East line produced Southerly with
the Northwesterly line of West Seventh Street produced
Southwesterly; thence Southeasterly to a point on the
Northwesterly line of West Seventh Street, 19 feet
Northeasterly from the ,aforementioned intersection;
thence Southwesterly along said Northwesterly line,
� 13 feet; thence Northwesterly to a point on the East
line of South Osceola Avenue, 13 feet South from the
= �oint of beginning; thence Northerly along said East 1-ine �
, to beginnin�g.
Subject to Restrictions contained in Document Number 254217.
(Torrens)
� and Stan]ey F. Machovec and 5ophie R. Machovec, .owners of that property described
as:
Lots 1 and 2, A. H. Koehler`s Re-arrangement "A", according
� to the plat of said addition on file and of record in the 4ffice
of the County Recorder. (Abstract)
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all of which owners shall be collectively referred to as the "Owners" and
their property (including for this Agreement both Tracts) collectively as
"Property". �
THIS AGREEMENT is made in consideration of the mutual promises and .
;
� and undertakings of the parties hereto, the expenditure of both public and -
private funds as required herein, the burdens and benefits affecting the
Property of the Owners, and the public benefits accruing from the improve-
ments and their maintenance.
PLAZA CONSTRUCTION "
1 , The City agrees to construct on a portion of the Property of the
Owners a plaza area with certain improvements , all in accordance with the
plans and specifications as prepared by the City and identified as City
Project No. 81-P-0886, Machovec's Triangle. The City will construct all .
� the improvements (unless otherwise provided herein) ; including planters,
benches, and a light, and accomplish the landscaping, as provided in said
plans and specifications . The City will install the wiring and conduit
for the light up to the building and adjacent to the plaza owned by the �
Owners. The Owners shall connect the wiring and conduit to the building
electrical system at their own expense.
2. The Owners shall be responsible for and provide� at their own
cost all materials or items as shown on the plans and specifications ,
including the buoy and flowers, which are indicated to be their responsibility.
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EASEMENTS AND HOURS
3. The Owners hereby agree to grant to the City a public easement
for public use and enjoyment of the plaza and improvements , which obligates
said Owners and burdens their Property (including both tracts) by requiring
them to maintain, operate, repair and insure the plaza and improvements. -
The Owners shall , as to any portion of the Property whose title is registered,
present the owner's duplicate certificate for such Property for the purpose
of making a memorial of such grant of easement upon such certificate of
title at the office of the County Recorder for Ramsey County, Minnesota.
Said ' easement to be granted by the Owners shall be in the form attached
hereto as Exhibit A and shall grant to the public the right of use of said �
plaza and improvements over the Property for purposes of pedestrian use,
ingress, egress and transit, except for such reasonable police measures
regarding open hours and closing all or pa:rt of the plaza as the City may,
by ordinance, from time to time determine, or regarding public conduct '
therein as may be prohibited by applicable ordinance as amended from time
to time.
OPERATION, MAINTENANCE� AND REPAIR
�. The Owners agree to maintain, repair and operate the plaza and
.
• improvements thereon at their sole cost and expense, and shall keep and
maintain the plaza and improvements in repair and in safe condition for
� public use, reasonably clean and free of litter and debris. The Owners
� shall provide and pay for any and all costs of electricity needed for the
operation of the light.
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5. Such maintenance shall include, but not be limited to,� snow
shoveling, sweeping, refuse or rubbish removal ; cleaning, polishing,
and repainting the improvements; repair and replacement of said improvements ;
flower, shrub, and tree watering, care and replacement; light bulb. . �
, �.
. replacement and light fixture cleaning. City s.hall be furnished with .
both preliminary and final plans and specifications for all additions,
alterations or repairs and replacements to the plaza and improvements ,
which plans and specifications shall be subject to its reasonable and
timely approval or disapproval before �ommencement of the work contemplated
therein. Lack of action on either preliminary or final plans and speci- .
fications to approve or disapprove within 30 days shall be deemed approval .
6. If the Owners fail to adequately maintain, repair and operate
the said plaza and improvements to a reasonable standard of safety, or ,
shall fail to undertake reasonable maintenance, operating or repair of
the plaza and improvements within 30 days after receipt by them of written
demand from the City, the City may undertake said reasonable and necessary �
maintenance, repair and operating tasks , and the costs incurred by the �
City for said maintenance, repair and operation .shall be assessed to and
shall ,be paid forthwith by the Owners ; provided, however, that the City
retains the right to assess such costs against the Owners� as a local improve-
ment in the manner provided by law.
7. The plaza and improvements which are the subject of this Agreement
shall not be operated for the purpose of advertising the name of any pr�duct
or business or for any commercial or business purposes.
� -5- �.
INSURANCE
8. The Owners shall furnish and maintain public liability a.nd casuality
insurance coverage for the plaza and improvements with a duly licensed
insurance company, wherein the City shall be designated as additional
insureds, said insurance containing the following minimum coverages : for .
property damage to the extent of .$200,000.00 in any single accident; for
personal injuries , including death, $500,000.00 for each occurrence.
Such minimum amounts shall be subject, upon 60 days notice, to reasonable
change by office action of the Council of the City of Saint Paul , in the
event statutory municipal liability limits are altered by legislation or
judicial decision at any time after the date hereof. The casualty insurance •
shall have an all risk or physical loss coverage in the amount of the full
replacement cost of the improvements .
9. Insurance required hereunder for hazard and liability for the area
designated as an easement shall be a maintenance cost to be assumed by the
Owners. .
BINDING OBLIGATIONS
10. The parties agree that in the construction, maintenance, repair
and operation of the plaza and improvements , they shall be bound by all City
. � codes and ordinances insofar as applicable. " •
• 11 .� The respective rights and obligations of the parties set forth in
� this Agreement shall be binding upon and inure to the benefit of the. respective
. parties, their successors and assigns , and shall continue in force until such
time as said plaza and improvements and easement is vacated or abandoned in
the manner permitted by law, or terminated in accordance with the Grant of
Easement.
-6- . � ' �"/ � �
�� •i' �'
12. This Agreement shall survive conveyance and delivery of the Grant
of Easement provided herein, and shall not be considered merged therein:
13. The Owners herein reserve unto themselves the unconditional right
and privilege of selling, conveying and transferring their abutting and/or
encumbered or involved real estate Merein and assigning and transferring .
� this Agreement to any other corporation, corporations , trust, trusts,
� individual (s) , partnerships, or other forms of venture. In the event of
transfer of any interest in the Property, the Owners may be freed and relieved,
from and after the date of such transfer, of all liability as respects the
performance of any covenants or obligations on the part of Owners contained
in this Agreement thereafter to be performed; providing that Owners ' successor •
fully and without limitation assumes in writing all duties , responsibilities �
and cavenants of the Owners under this Agreement. For the purposes of �this
paragraph, "Owners" shall include, but not be limited to, lessors , lessees ,
sublessors and sublessees.
14. The obligations and duties contained in paragraphs 3 and 8 herein
shall be carried out or commenced within fourteen (14) days after the effective
date of this:sAgreement, which date shall be the date of the acknowledgment of
the last signature thereto. All other obligations and duties shall become
operative on the said effective date of this Agreement.
' 15. � Any notice to the parties hereunder shall be considered sufficiently
delivered if mailed by certified mail , return receipt requested, postage pre-
paid, as follows : '
a. To: City of Saint Paul
Donald Nygaard, Director
Department of Public Works
6th Floor, City Hall Annex
. 25 West Fourth Street
� St. Paul , Minnesota 55102
and �
• , . ' -7- -
,
Steve Well ington
HRA/City of Saint Paul , Minnesota �
. 12th Floor, City Hall Annex
25 West Fourth Street �_ .
St. Paul , Minnesota 55102
b. To: Stanley F. Machovec
Machovec's Food Market .
. 997 West Seventh Street '
. St. Paul , Minnesota 5510.2 �
A party may, by written notice, designate a different address to which notices
to it shall be directed.
APPROVED AS TO FORM CITY OF SAINT PAUL
, By
I ts Mayor
By
Its Director, Department of Planning and .
Economic Development
By
ts Director, Department of Finance and
� , Management Services
By
' ts C�ty C er •
` ' � . -s- . a- 7 �'1 � �
SATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, of 1981 , by GEORGE LATIMER, Mayor of the CITY OF SAINT PAUL,
a municipal corporation of the State of Minnesota, on behalf of the City of
Saint Paul .
'.
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY ) • .
• � The foregoing instrument was acknowledged before me this dey of
, 1981 , by JAMES BELLUS, Director of Planning and Economic
Deve opment for the CITY OF SAINT PAUL, a municipal corporation of the State of
Minnesota, on behalf of the City of Saint Paul .
. S7ATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY }
' The foregoing instrument was acknowledged before me this day of
, 1981 , by PETER HAMES, Director of Finance and Management
Services for the CITY OF SAINT PAUL, a municipal corporation of the State of
Minne�ota, �on behalf of the City of Saint Pau1 .
.
STATE OF MINNESOTA )
) SS.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this day of
, 1981 , by ALBERT B. OLSON, City Clerk for the CITY OF SAINT PAUL,
a municipal corporation of the State of Minnesota, on behalf of the City of
Saint Paul .
. . : �^ ..s_ - 2`7�'��'�
. .
STATE OF �1ITlNESOTA )
) SS.
CO�NTY OF RAMSEY ) � �
The foregoing instrument was acknowledged before me this ?�� day of
, � , 198�t, by STANLEY F. MACHOVEC, and GLORIA R. MACHOVEC,
hus and an wife) . � ,
�
tan ey �.h`ove
�- �����-tre—c,
Glor' R. Machovec
Notary Public
� F""'°• ViCTORtA M. MURRAY �
� ���
� ..•:
( � No7RP.M5EYCCOIlNTYoTa
STATE OF MINNESOTA ) L Mvcommissionexpires Auy.13,1985
� $$. .
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this ,28`� day of
�',I , 198�, by SOPHIE R. MACHOVEC, a single person a w�dow). �
. � � •�z ��..
Sop e R. Machovec �
. .
Notary Pu ic
R�_'� VICTQRIA M. A':URRAY
• � .,,:..
�-�;��< � NOTARY PUELlC-MINNESO7A
` R,4MS�Y CCUNTY
� N1v commission expires Aug.13,1985
DEPARTMENT:
ROUTING ay� EXPLANATIp� SF�ET �ACT:
(6REEN SHEET) PHOHE: O g�
For Admiaistrative Orders, Resolutions, Ordinancea sad /1Qree�enta /V !S /s�
ROUTIN6 ORDER - ROUTE HY ASSI6NEn N g�+AFR; ��C�i`ICD
_ `��
D ECTOR OF MANAGEMENT
mNr261982
YOR
, ' � DEPARTMENT DIRECTOR D RECTOR, FINANCE $ N16T� SERVIC��YORS.OFFICE
� CITY ATTORNEY •�CITY CLERK
BUDGET DIRECTOR
ACTION REALtESTED �CLiP A L a sTtnNC pnR MdYARAI StP,IdOT(IRF);
.
'
.
�tJ�1C�Y'� �o � a �u���'t� re��le.vl,�ts
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FiNANCiAL. BLDGETARY AND PFRS�NN IMPA -TC ANTI -IPAT D;
V��� 'V r 1�
.���rv v� �'c�d� ar �v�de� b -tl�� �� d
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ATTACHMENTS �LIST ALL ATTACHMENTS):
i, ���,nr,� Ger�, ,r.a�'� .
�
2. �
3.
eaee �cev.cew neceae on ewt o e o auppo aumen,ta
� • � C�-tl Attoxney�
i. Coun�i.t Reao.eufi.i.on Requ,i�c¢.ciY �VES NO 1. ReeoXu�i�oat yES NO
2. Inawcance Requi�.edY �YES NO 2. Tneunance Su6b.�c,i.¢ntY YES NO
3. In4wtanc.¢. A,Ltache,dY �YFS NO �
Pe�visi�on ali:4/29/82