273224 N�H17E - CITV CLERK . -
PINK - FINANCE G I TY O F SA I NT PA LT L Council �����^
CANARV - DEPARTMENT
BLUE - MAVOR - ��
File N .
�=o�B� 'l Resolution
,
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVID, That the Cou.ncil of the City of St. Paul does hereby authorize
the proper City officials to enter into a Lease Agreement, a Short Form
L�ase, and a Limited Easement Agreement be�ween the City of St. Paul and
the Olympia Brewing Company. The conditions of said agreements are
indicated on the documents which are attached hereto and incorporated
herein by reference.
COUNCILMEN Requested by Department of:
Yeas Nays
��tie�r- � Fina and Ma nt Services
� In Favor
Hunt �
-�ewae � __ Against B
Maddox Director
Showalter q
Tedesco ��� 5� � �� Form Approved by City Attorney
Adopted,by Council: Date
Cert �fied Passed Cou cil , cretary B���"j . � �� t7�
E� r by Mavor: Date �� App ed by Mayor for Sub ' on to Council
B _ —
�iSN�4 J U L ? 1979
. ,. �, - �
' ��"�?���
SHORT FORM LEASE
THIS INDEiVTURE, made in the City of Saint Paul,
Minnesota, on the day of , 1979, by OLYMPIA
BREWING COMPANY, a Washington corporation, as "Lessor,"
and CITY OF SAINT PAUL, a municipal corporation under the
laws of the State of Minnesota, as "Lessee; "
TA I T N E S S E T H :
That the Lessor, in consideration of the rents reserved
and of the terms,, covenants, conditions and agreements on
the part of the Lessee, does hereby demise and lease unto
the Lessee, and the Lessee does hereby take and hire from
the Lessor the following described property, hereinafter
termed the demised premises, located in the County of
Ramsey and State of P�innesota, described on Exhibit "A"
attached hereto and hereby made a part hereof.
TO �iAVE AT1D TO HOLD the demised premises for the terri
of five (5) years commencing and ending
, upon the rents, terms, covenants
and conditions, including automatic extension for succes-
sive terms of one year eacYi unless either party shall notify
the ot:�er party in writing not less than sixty (60) days
prior to the expiration of the initial term or any extended
terr.i that it elects not to extend the term, contained in a
certain collateral lease agreement between the parties hereto
and bearing even date herewith.
IN WITNESS WHEREOF, the parties hereto have executed
this instrument as of the day of , 1979.
OLYMPI BRE67ING COMPANY
by ��G-(1 -��- �t �-�✓.
,
an���=��� x�
i
LESSOR
'�
CITY OF SAINT PAUL
APPROVED AS TO FORM: by
Mayor
- _� ____ ,
,..�.._ ��2��'--� .
- �._ ��
s ' ta it Attorney Director, epartment of Finance
� � ��-�— 6-�- �y and Management Services
LESSEE
. ...
STATE OF WASHINGTON)
COLT�iTY OF THURSTON )
On this 23rd day of May , 1979 , before me, a
Notary Public within and for said County, personally appeared
Robert W. Sampson and Judith E. Parent ,
to me personally known, who being by me duly sworn, did say
that they are, respectively, the Vice President and
Secretary of Olympia Brewing Company, the
corporation named in the foregoing instrument, and that the
seal affixed to said instrument is the corporate seal of said
corporation, and that said instrument was signed and sealed
in behalf of said corporation by authority of its Board of
Directors and said Robert W. Sampson and Judith E. Parent
acknowledged said instrument to be the free act and deed af:
said corporation. ' ' �' t,� , ' �
,. ' . .
� -� ''
N tary Pub ic � '
,
�,.,. .,
STATE OF MILJNESOTA)
. ss.
COUNTY OF FtAMSEY )
On this day of , 1979 , before me, a
Notary Public within and for said County, personally appeared
and , to me
personally known, who being each by me duly sworn, did say
that they are respectively the Mayor and
Director, Department of Finance and Management Services of
the City of Saint Pau, Minnesota, the municipal corporation
named in the forec�oing instrument; that the seal affixed to
said instrument is the corporate seal of said municipal cor-
poration; that said instrument was signed and sealed in behalf
of said municipal corporation by authority of its Soard of
Commissioners ancl said officers acknowledged said instrument
to be the free act and deed of said municipal corporation.
Notary Public
This instrument was drafted by.
BRIGGS and !�IORGAN
W-2200 First rdational Bank Building
Saint Paul, Minnesota 55101
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, _
!
•
,t � � .
EXHIBIT "A"
The following described premises situated in the City of -
Saint Paul, Ramsey County, t�iinnesota, to-wit: � �
� .� .• � Lots One (1) and Two (2) , Block 8, and all that � . � ` -
part of. I,ot Six t6) , Block 8, together with that part _ � - .
� of the tracts designatec� as ti�Tater Power P,eservation � : .
. and. Bates Avenue bounded by the following described � � _
� � line: Beginning. at the Southwest coxner of said Lat -
. �2, thence West to a point�which is 300.26 feet Z�est of _
the West� line •of Bates Avenue and 125 fe2t 2�orth of. the
� I�Iorth line of Maury. Street; thence in a `;ortheasterly � - . �
direction at an angle of 45° 50 ' ��ith the last described .. '
� � - line a distance of 42.81 feet; thence on a Iine deflect- . - �
. � ing at an angle. to the left of 17° 52' a distance of . . �- - _
183.24 feet; thence on a line deflecting at an angl� to
� the right 63° 42 ' a distance of 180 feet; thence in a � �
Northeasterly direction to a point in the Sou�h line of � �
Block 4 Theo. Hamm Brewing Co. Addition uistant 260.25 � -
� feet S�lest of the Southeast corner of said Block 4; -� � . �
� thence Southwesterly to the Vorthwest corner of I,ot .18, :
. Block 9, thence Souzh along .the West Iine of Block 9 to
the SQUth�vest carner �of Lot 16, Block �; �henc.e West on -
� an extension of the South line of Lot 16, Block� 9 to
' � the East line of Lot 1, Block 8; thence T�orth a�ong the _ . �
� � East line of Lot l, Block 8, to the most Northerly cor- - �
ner of said Lot 1; thence Southwesterly along t.he North- �
� � westerly line of Lot 1, . Block 8, to its intersectipn � ' .
with the North line of Lot 2, Block 8; thence West alpng ._ • - '
. the North line of Lot 2, Block. 8 , to the Northt„�st corrier �
thereof; thence South al.ong the t�lest line oi Lot 2, B1ock . -
8, to the point of beginning; AI1 in Irvine `s S�cond -
Addition to Saint Paul, according to the .plat -thereof re- • ` -
corded �in Book L of Town Plats, page 24. Subject to al.l • � _
rights in public streets upon the above _aescribecT' land. .
Subject also to all easements,� reservations and restric--
tions of re�cord.• And further subject to an easement
� granted contemporaneously herewith to the City for limited
access to Swede Hollow Park. . �
r> • � '
" �`�`�`���
LEASE AGREEMENT
This Lease Agreement, dated as of the day of
, 197� , by and between Olympia Brewing Company
("Olympia") , a �dashington corporation, and the City of Saint
Paul (the "City") , a Minnesota municipal corporation;
WITNESSETH:
In consideration of the covenants and agreements herein-
after set forth and to be performed by the parties hereto,
Olympia hereby leases to the City and the City hereby leases
from Olympia the following described premises situated in the
City of Saint Paul, Ramsey County, Minnesota, to-wit:
Lots One (1) and Two (2) , Block 8, and all that
part of Lot Six (6) , Block 8 , together with that part
of the tracts designated as Water Power Reservation
and Bates Avenue bounded by the following described
linec Beginning at the Southwest corner of said Lot
2 , thence West to a point which is 300.26 feet West of
the West line of Bates Avenue and 125 feet idorth of the
North line of Maury Street; thence in a Northeasterly
direction at an angle of 45° 50 ' with the last described
line a distance of 42 . 81 feet; thence on a Iine deflect-
ing at an angle to the left of 17° 52 ' a distance of
183 .24 fee�; thenae on a line deflecting at an 'angle to
the right 63° 42 ' a distance of 180 feet; thence in a
Northeasterly direction to a point in the South line of
Block 4 Theo. Hamm Brewing Co. Addition distant 260 .25
feet West of the Southeast corner of said Block 4;
thence Southwesterly to the Northwest corner of Lot 18,
Block 9 , thence South along the West line of Block 9 to
the Sout��aest corner of Lot 16 , Block 9 ; thence West on
an extension of the South line of Lot 16 , Block 9 to
the East line of Lot l, Block 8 ; thence North along the
East line of Lot l, Block 8, to the most Northerly cor-
ner of said Lot l; thence Southwesterly along the North-
westerly line of Lot 1, Block 8, to its intersection
with the North line of Lot 2, Block 8; thence �West along
the North line of Lot 2, Block 8 , to the Northwest corner
thereof; thence South along the West line of Lot 2, Block
8, to the point of beginning; Al1 in Irvine ' s Second
Addition to Saint Paul, according to the plat thereof re-
corded in Book L of Town Plats, page 24 . Subject to all
rights in public streets upon the above described land.
Subject also ta all easements, reservations and restric-
tions of record. And further subject to an easement
granted contemporaneously herewith to the City for
limited access to Swede Hollow Park.
TO HAVE AND TO HOLD said premises for a term of five
(5) years commencing , 1979 , and
ending on , 1984 , subject to the fol-
lowing terms and conditions:
1. a. Minimum Rent: Olympia reserves and the
City covenants and agrees to pay to Olympia, without
demand, at its office at 707 East Mi�nehaha Avenue,
Saint Paul, Minnesota, or at such other place as may
be designated in writing by Olympia, the sum of One
Dollar ($1. 00) per year, payable in advance on the •
day hereof and on the same day in each succeeding
year during the term of this lease and any extension
thereof.
b. Additional Rent:
(1) If real estate taxes are assessed
upon the leased premises during the term of
this lease or any extension thereof, the City
agrees to pay, as additionai rent, an amount
equal to the amount of such taxes commencing
with the taxes assessed thereon in 1979 and
payable in 1980. Such add'itional rent shall
be payable thirty (30) days prior to the date
such taxes, or installments thereof, are pay- `
able, except in the year of termination of this
lease when the full amount of the taxes payable
in the year of termination and the full amount
of the taxes assessed in the year of termination
but payable in the following y.ear shall be pay- �
able to Olympia on May 1 in the year of termina-
� tion. If the amount of taxes payable in the
year following termination is not ascertainable,
the amount payable shall be the amount of the
last prior year for which the amount of taxes .
has been determined.
(2) If special assessments for local
improvements are assessed upon the leased prem-
ises during the term of this lease or any exten-
sion thereof, the City agrees to pay, as addi-
tional rent, an amount equal to the amount of
the installments of such special assessments
payable during the term of this lease or any
extension thereof. Such additional rent shall
be payable thirty (30) days prior to the date
such installments of assessments are payable.
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2. Use of Premises. The City covenants and agrees
that the leased premises shall be used solely for a park,
garden or arboretum and for no other purposes. The City
covenarits ar.d agrees that no structures (except as approved
in writing by Olympia) , fire places, fire pits or refectories
shall be erected or operated on the leased premises and that
it will adopt and enforce appropriate regulations concerning
the use of the premises. The City further covenants and agrees
that the leased premises shall be used for any purpose or in
any manner which would expose for Olympia' s adjoining property
to the hazards of fire and that it will use its best efforts
to use the property leased premises in a manner which will not
expose Olympia' s adjoining property to the hazards of vandal-
ism. Olympia covenants and agrees that it shall not cause nor
cause others to deprive, interfere with or� limit the City`s
use of the leased� premises as a park, garden or arboretum.
3. Maintenance of Premises. The City covenants and
agrees that it will cause the leased premises to be placed
in a neat and orderly condition, and that it will keep and
maintain the leased premises free from trash, garbage and
other debris.
4. Access to Premises. Olympia, through its authorized
em�loyees or agents, shall have the right to enter the demised
premises for purposes of inspection at all reasonable times.
5. Assignment or Subletting. The City shall not assign
this lease nor sublet the whole or any part thereof. This
provision shall not be construed to prevent the City from
permitting other groups and organizations from using the leased
premises, provided that such use is under the dixection and
control of the City.
6. Mechanics Liens. The City covenants that it will
not do or suffer anything to be done whereby the leased
premises may be encumbered by mechanics ' liens and that
" it will indemnify and save Olympia harmless from and on
account of any such liens and all damages, costs and ex-
penses, including reasonable attorneys ' fees arising out
of or connected with any such liens, or proceedings brought
to enforce the same. Notice is hereby given that Olympia
shall not be liable for any labor or materials furnished or
to be furnished to the City on credit and that no mechanics'
or other liens for any such labor or materials shall attach
to or affect the interest of Olympia in and to the leased
premises except in case of labor or materials furnished to
Olympia pursuant to its order.
7. �minent Domain. If the leased premises, or any
part thereof, shall be taken or condemned for public pur-
poses by any competent authority, the City shall have no
clair,► against -0lympia and shall have no claim .or right to
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any portion of the amount awarded or paid to Olympia as a
result of condemnation. For the purposes of this paragraph, a
conveyance under threat of condemnation shall be deemed a
taking under the right of eminent domain. In the event that
the whole of the premises is taken, this lease shall terr.iinate
upon the effective date of such taking. If less than the whole
leased premises is so taken, the City may at its option by
written notice given within thirty (30) days after the date of
taking elect to terminate this lease as of the date of taking.
If the City does not so elect to terminate; this lease shall
terminate as to the part taken but shall not terminate as to
the part not taken and there shall be no reduction in rent.
8. Damages and Claims. All property of any kind, ex-
cept property of Olympia, if any, that may be on the leased
premises shall be at- the sole risk of the City or those claim-
ing through or under the City, and Olympia shall not be liable
to the City or to any other person for any injury, loss or
damage to any person or property upon the leased premises unless
such injury, loss or damage results from the acts or negligence
of Olympia, its employees or agents.
9. Indemnity.
a. The City covenants that it will defend, iz�demnify
and hold harmless Olympia for and from any and all dam-
ages, claims, costs, expenses (including reasonable at-
torney' s fees) , suits or causes of action resulting from
death or injuries to persons or property (except the
prope.rty of Olympia on the leased premises, if any)
arising on the leased premises or out of the use , occu-
pancy or condition of the leased premises except such as
may result from the acts or negligence of Dlympia, its
employees or agents. _
b. Olympia covenants that it will defend, indemnify
and hold harmless the City for and from any and all
damages, claims, costs, expenses (including reasonable
attorney' s fees) , suits or causes of action resulting
from death or injuries to persons or property arising
on the leased prer.iises solely from the acts or negli-
gence of Olympia, its employees or agents.
10. Defaults. At the option of Olympia, the City shall
be deemed in default hereunder if, during the term of this .
lease, or any extension thereof, there shall happen or exist �
any of the following events, conditions or circumstances:
a. The City shall fail or neglect to pay when
due the rent, or any part thereof;
b. The City shall fail or neglect to keep or per-
form any of the other agreements, covenants or condi--
tions in this lease contained and to be keot, observed
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or performed by the City and such default shall
continue for twenty (20) days after written notice
by Olympia to the City (delays reasonably occasioned
by the nature of the action required to cure such
default, or causes beyond the City' s control excepted) ;
c. Any transfer of the City' s interest under this
lease by operation of law or otherwise.
In each such case, unless the City or someone on its
behalf shall have curea the default comnlained of , Olympia
may, at its option, without further notice, declare this
lease terminated and may take immediate possession of the
premises and expel, remove and put out the City and every
other person occupying the leased premises, or any part
thereof, using such force as may be necessary in so doing.
11. Extension of Term. If the Swede Hollow Park de-
velopment on adjacent property has been completed by the
City and is in use within five (5) years from the date.
hereof and if the City is not in default hereunder, this
lease shall be automatically extended for successive terms
of one year each upon the same terms and conditions as con-
tained in this lease unless either party shall notify the
other party in writing not less than 60 days prior to the
expiration of the initial term or any extended term that it
elects not to extend the term.
12. Arbitration. Al1 disputes arising under this
lease shall be settled by arbitration in accordance. with
the provisions of the Uniform Arbitration Act of the State
of Minnesota, such arbitration to be conducted in Rarisey
County, Minnesota, by a board of arbitrators composed of .
three (3) members. Olympia snall apgoint one (1) arbitra-
tor and the City shall appoint one (1) arbitrator. The
party demanding arbitration shall notify the other party
in writing of such demand specifying the matter to be sub-
mitted to arbitration and the name of the arbitrator se-
lected by the party making such demand. Upon receipt of
such written notice, the party receiving such notice shall
have ten (10) days in which to select an arbitrator, and
to specify any matters which such party desires to have
submitted to arbitration, and to notify the other party
in writing of such selection, and the two arbitrators so
selected shall have ten (10) days in which to select a
third arbitrator. In the event the third arbitrator is
not so selected within said ten (10) days, such third ar-
bitrator shall be appointed by the District Court of Ramsey
County, h4innesota, upon application of either party after
at least eight (8) days' notice to the other par�ty of such
application. Arbitration shall be the exclusive remedy for
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the settlement of disputes arising under this lease and no
action at law or in equity shall be instituted by any party
hereto other than to enforce the award of the arbitrators.
13. Short Form Lease. The parties hereto agree to
execute an instrument evidencing the commencement and termina-
tion dates and the provision for extension of the term of this
lease in recordable form and to record such instrument. The
City shall pay the recording fees for such short form lease.
14 . Termination. The City, at its option, may terminate
this lease at any time during the term of this lease or any
extension thereby by thirty (30) days' notice in writing to
Olympia. Upon any termination of this lease, the City shall
within a reasonable time execute and deliver to Olympia an
instrument in recordable form evidencing the termination of
the lease.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
OLYMPIA REWING COMPA Y
by G • 2u �-�-i�'V
t s �,C�r �..ts
and�.�-c-��✓ �, l ` ��--��/
��s _� ,'�"- �
C Y OF SAINT U
by
ayor
and Z� � � �
irector, D rtment of Finance
APPROVED AS TO FORM: and Management Services
. ; �
`� `r..�Xc�� �`�''�az`" G � 7q and
Assist�rtt 'Git�/ Attorney Director of Community Services
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� � -
STATE OF WASHINGTON)
. ss.
COL'�ITY OF THURSTON )
On this 23rd day of May , 1979, before me, a
Notary Public within and for said County; personally
apgeared Robert W. Sampson and Judith E. Parent ,
to me personally known, who being .by me duly sworn, did say
that they are respectively the Vice President and
Secretarv of Olympia Brewing Company, the cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said cor-
poration, and that said instrument was signed and sealed in
behalf of said corporation by authority of its Board, of
Directors and said Robert W. Sampson and Judith E. � Parent
acknowledged said instrument to be the free act `and `deed of
, °�
� said corporation. � ' � , �.
� � � � ��� � °����� , , �
�, �
Notary u lic �`' "
. '����' + '��
STATE OF MINNESOTA) �'�� � � ' .
. ss.
`��.����,,.,....
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1979, by George Latimer, Mayor of the
City of Saint Paul, a municipal corporation under the laws of
the State of Minnesota, on behalf of the corporation.
,
Notary Public
STATE OF MINNESOTA)
ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1979, by Bernard J. Carlson, Director,
Department of Finance and Management Services of the City of
Saint Paul, a municipal corporation unde� the laws of the
State of Minnesota.
Notary Public
STATE OF MINNESOTA)
. ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1979, by , Director,
Department of Community Services of the City of Saint Paul, a
municipal corporation under the laws of the State of Aiinnesota.
Notary Public
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. �.
• ���fiT��
� LIMITED EASE"�ENT AGREEMENT
THIS INDEL�ITURE, made this day of � , 1979,
by and between OLYMPIA BREWING COMPAI�Y, a Washington corpora-
tion ("Olympia") , and the CITY OF SAINT PAUL, a Minnesota
municipal corporation (the "City") , •
W I T N E S S E T H :
WHEREAS. Olympia is the owner of the following described
land in the City of Saint Paul, Ramsey County, Minnesota,
to-wit:
Block Four (4) , Theo. Hamm Brewing Co. Addition,
according to the recorded plat thereof:
Lots One (1) and Two (�) , Block Eight (8) , Irvine' s
Second Addition to St. Paul according to the plat
thereof as recorded in Book L of Town Plats , page
24 ; and
All that part of Lot Six (6) , Block Eight (8) and
that part of the tract designa�ed as V�ater Power
Reservation in said plat of Irvine 's Second Addi-
tion lying North and East of a line described as
follows: Beginning at Southwest corner of Lot Twa
(2) , Block Eight (8) , of said Irvine's Second
Addition, thence west to a point which is 300 .26
feet west of the west line of Bates Avenue and
125 feet north of the north line of Maury Street,
thence in a northeasterly direction at an angle of
45°50' with last described line a distance of 42 .81
- feet, thence on a line deflecting at an angle to the
left of 17°52 ' a distance of 183:24 feet, thence on
a. line deflecting at an angle to the left of 51° to
the right-of-way of the Burlington Northern, Inc. ,
formerly Northern Pacific Railway (excepting there-
from that part of said Water Power Reservation lying
north of south line of Block Four (4) , Theo. Hamm
Brewing Co. Additiorsl, subject to easement to City
of Saint Paul for sewer purposes .
. r . �
WHEREAS, the City is the owner of land in the tract
designated as Water Power Reservation and other land in said
plat of Irvine's Second Addition lying Southerly of the land
owned by Olympia; and
WHEREAS, the City is desirous of developing the land
owned by it, commonly known as Swede Hollow, into a public
park to be known as Swede Hollow Park; and
WHEREAS, the City has requested permission to operate
City vehicles over Olympia`s property for the limited purposes
of providing access to the park for park maintenance vehicles
and emergency access by fire and police vehicles, but not for
use by the public as a means of public access to Swede Hollow
Park; and
PJhEREAS, Olympia is willing to grant to the City a
limited, but not public, access across its premises to Swede
Hollow Park;
NOW, THEREFORE, in consideration of the premises , the
� sum of One ($1.00) Dollar in hand paid by the City to Olympia,
and the covenants and agreements hereinafter set forth, IT IS
HEREBY AGREED, as follows:
1. Olympia hereby grants to the City a perpetual non-
exclusive easement ten (10) feet in width for the limited
uses and purposes hereinafter set forth for ingress and
egress to Swede Hollow Park over and across that. part of
Olympia' s property above described as shown in red upon the
attached sketch or map attached hereto marked Exhibit A and
h�reby made a part hereof.
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- 2 . The City covenants and agrees that Olympia may from
time to time by written notice to the City change the loca-
. tion of the limited access easement provided that such change
in location shall not deprive the City of access to Swede
Hollow Park for the uses and purposes hereinafter set forth.
3. The City covenants and agrees that the use of this
easement shall be limited to the ingress and egress of City
vehicles used for the maintenance of Swede Hollow Park and
for emergency police and fire vehicles and that this easement
shall not confer upon the City an easement for use by the
City for its general purposes nor upon the public for pub-
lic ingress and egress to Swede Hollow Park. Olympia agrees
to permit from time to time the use of said easement by
vehicles transporting handicapped persons to said park pro-
vided that Olympia's approval of such use is first obtained.
4. The City covenants and agrees to use the easement
hereby granted in such a manner as will minimize interference
with Olympia' s operations on its premises and to comp�.y with
all reasonable safety and security rules and regulations
adopted from time to time by Olympia provided that copies of
such rules and regulations are furnished to the City in
writing.
5. The City agrees that Olympia shall have the right
to install a locked gate or barrier across the easement to
prevent use of the easement by unauthorized persons and
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vehicles, provided, however, that Olynpia shall provide a
reasonably convenient means for unlocking the gate or barrier
at reasonable times during regular business hours or emer-
gencies.
6. (a) Olympia agrees to keep and maintain in
� good condition and repair that part of the road�aay
now existing upon the Limited Easement described on
Exhibit A attached hereto commencing at the South
line of Minnehaha Avenue and continuing to Point A
as located on Exhibit A. Olympia shall have no duty
to construct, improve or maintain a roadway on the
remainder of the easement herein granted but may, at
its own cost and expense, construct, improve or main-
tain a roadway upon all or any part of the Limited
Easement herein granted between said Point A and its
Southerly terminus.
(b) The City shall have no right to construct
' or improve a roadway upon any part of the Limited
Easement herein granted without first obtaining the
written consent of Olympia after submission of plans
and specifications, which approval shall not be
unreasanably withheld if the proposed construction
or improvement relates solely to that portion of the
Lirmited Easement lying between said Point A and the
Southerly terminus of the easement. The City shall
at its own cost and expense inaintain the roadF�ay between
said Point A and the Southerly terminus thereof.
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7. The City covenants and agrees to defend, indemnify
and hold harmless Olympia for and from any and all damages,
claims, worker' s compensation claims, costs, expenses
(including reasonable attorney' s fees) , suits or causes of
action resulting from death or injuries to persons or
property (including property of Olympia) arising, growing
out of, resulting from or in connection with the condition
or use of this limited easement by the City, its employees,
agents, representatives, invitees or permittees , except
such as may result from the acts or negligence of Olympia,
its employees or agents.
8. Olympia covenants and agrees to defend, indemnify,
and hold harmless the City from and against any and all
d:a mages, claims, worker' s compensation claims, costs,
expenses (including reasonable attorney' s fees) , suits or
causes of action arising, growing out of, resulting from
death or injuries to persons or property (including property
of the City) , arising, growing out of, in connection with or
resulting solely from the acts or negligence of Olympia,
its employees or agents upon the limited easement.
9. The City further covenants and agrees that if the
limited access easement is used for any purpose or in any
manner other than as herein specifically permitted, the City
will promptly, upon receipt of written notice from Olympia,
exeeute and deliver to Olympia a written instrument terminat-
ing and releasing this easement.
_5_
s ' ti .
IN WITNESS WHEREOF, the parties have caused this agree-
ment to be executed by their proper officers thereunto
duly authorized the day and year first above written.
OLYP�lPIA BREWING COMPANY
,��
by U�.. _ �
- an GZ�:��'�"
CITY OF SAIPdT PAUL
.:,
ayo
t
Director, D artment of Finance
and Manage ent Services �
APPROVED AS TO FORM: Director of Comr.iunity Services
.,- ;- ,
�.
Assis�t�ar�t it Attorney
u, _
_ G-� �79
-6-
. �,
STATE OF WASHINGTON)
. ss.
COUNTY OF THURSTON )
On this �r� day of May , 1979, before me, a
Notary Public within and for said County personally
appeared Robert W. Sampson and Juc�ith E. Parent �
to me personally known, who being by me duly sworn, did say
that they are respectively, the Vice President and
Secretary of Olyr.ipia Brewing Company, the cor-
poration named in the foregoing instrument, and that the seal
affixed to said instrument is the corporate seal of said cor-
poration, and that said instrurient was signed and sealed in;
behalf of said corporation by authority of its Board of � , '
Directors and said Robert W. �ampson and Judith�.�. P�.rent .
acknowledged said instrument to be the free act and� d�ed,�of :} � ;.
said corporation. � ' ; , , ���,� �
F '�', t �'1 /t i} � '�'
! .[� � CP C-�,r�.:�.,�.._ti `
N tary Pub�ic '; •' ��, •
-: i/ '' 't
STATE OF MI�iNESOTA) .'`'_:r;,���,;��;��`°`
Ss..
COUNTY OF RAMSEY )
Tne foregoing instrument was acknowledged before me this
day of , 1979, by George Latimer, Mayor of the
City of Saint Paul, a municipal corporation under the laws of
,the State of Minnesota, on behalf of the corporation.
' Notary Public
STATE OF MINNESOTA)
. ss.
COUNTY OF RAMSEY )
. The foregoing instrument was acknowledged before me this
day of , 1979, by Bernard J. Carlson, Director,
Department of Finance and Management Services of the City of
Saint Paul, a municipal corporation under the laws of the
State of Minnesota.
Notary Public
STATE OF MINNESOTA)
, ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this
day of , 1979, by , Director,
Department of Community 5ervices of the City o Saint Paul, a
municipal corporation under the laws of the State of Minnesota.
Notary Public
-7-
,�
DESCRIPTION OF EASENJENT
A strip of land ten feet in width over and across Block 4, Theo.
Hamm Brewing Co. Addition; Greenbrier Street, vacated or to be
vacated, lying East of said Block 4; and the tract designated
as FJater Power Reservation in the plat of Irvine's Second Addition
to St. Paul, the centerline of which is described as follows:
Commencing at the intersection of the South right-of-way
line of E. Minnehaha Avenue and a line 15 feet West of and
parallel to the East line of the NW 1/4 of the NE }./4 ,
Sec. 32-29-22; thence South 00°55 ' 24" East (assumed
bearing) on said 15 feet line, a distance of 292.40 feet;
thence Southwesterly on a tangential curve concaved to
the Northwest having a radius of 35.00 feet and a central
angle of 90°38 ' 07" , a distance of 55.37 feet; thence
South 89°42' 43" West tangent to the last described curve,
a distance of 188. 46 feet; thence Northerly on a tangential
curve concaved to the Northeast, having a radius of 25.00
feet and a central angle of 85°21' 39" , a distance of 37.25
feet; thence North 04°55 ' 38" West tangent to the last des-
cribed curve, a distance of 113 . 61 feet (Point A) ; thence
Northwesterly and Southwesterly on a tangential curve con-
caved to the South, having a radius of 35. 00 feet and a cen-
tral angle of 150°10 ' 05" , a distance of 91.73 feet; thence
Southwesterly to a point on the South line of Block 4 ,
Theo. Hamm Brewing Co. Addition, distant 343.75 feet ���est
of the Southeast corner of said Block 4; thence Southwesterly
across said Water Power Reservation as shown in �ed on the
. attached sketch and terminating on a line described as
follows:
Beginning at the Southwest corner of Lot 2 , Blo�k 8,
Irvine' s Second Addition; thence West to a point which
is 300. 26 feet West of the T�lest line of Bates Avenue
and 125 feet North of the North line of Maury Street;
thence in a Northeasterly direction at an angle of 45°50'
with last described line, a distance of 42 .81 feet; thence
on a line deflecting at an angle to the left of 17°52 ' ,
a distance of 183.24 feet; thence on a line deflecting at
an angle to the left of 51° to the right-of-way of the
Northern Pacific Railway. The side lines of said easement
are to be prolonged or shortened tv terminate on said line.
EXHIBIT A - page 2