02-596Retum copy to: e.c.
Real Estate Division
140 City Hall
�`�E��illh�.
Presented By
Referred To
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Councii File # Q�, � � �
Green Sheet # �\�9t��
iN
MINNESOTA
Committee: Date
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i BE IT RESOLVED, that the proper City officials are hereby authorized and directed to grant to Robert L.
z Walsh, far the purpose of fortifying and reconstructing an existing retaining wall, the following easements:
a • a permanent encroachment and maintenance easement on, over, under and across that part of Lot 5,
s Block 26, Rice and Irvine's Addition lying northwesterly of a line 5.00 feet southeasterly of and
6 parallel to the northwest line of the said Lot 5; and
s • a temporary constnxction easement, to commence on June 15, 2002 and expire on November 1, 2002
9 on, over and across that part of the said Lot 5 lying northwesterly of a line 15.00 feet southeasterly of
io and parallel to the northwest line of the said Lot 5; and
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�z • a temporary access easement on, over and across Lots 5, 19, 20 and 21, said Block 26, Rice and
is Irvine's Addition.
ia
Benanav
Requested by Department of:
��_J� � Technologv &,Mana�ement Services
✓ � �, � 4 � � _- . .. -
�00 By: i';�� '"eN�
�00 � �^y�./ Directar
�00 Form Approved by City Attomey �
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T.M.S./REAL ESTATE DIVISION Date: June 12, 2002 Green Sheet Number: 111961
Con[act Persoo and Phone Number. Z DEPARTMENT DIREClOR 4 cm courrcn.
Peter White �" 266-8850 1 crrxarro�Y � cirsrci.Eiuc •
BUDGETDIItECl'OR OFFICEOFFINANCIAI,SVCS.
Must be on Council Agenda by: 3 MAYOR (OR ASSISl'AN'I) 5 REAI, ESTATE DIVISION
TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCA110NS FOR SIGNAT[JRE)
ACTION REQUESTED:
To authorize the proper City officials to execute a dedication of permanent and temporary
easements across City property for the purpose of reconstructing and maintaining an existing
retaining wall. Ref: 1. Resolution for considerafion; 2. Sample copy of deed of dedication;
3. Map.
nem�rvnwnorvs: neersovecn�oxne�cr pq PERSONAL SERVICE CONTRACTS M[JST ANSWER'I'fiE FOLLOWING:
1. Has the persodfirm ever worked under a contract for this departmeuY.' YES NO
PI4CIN➢1GCOM1IIISSION A STAFF
2. Has this persoNfirm ever been a City employee? YES NO
CNII. SERVICE COMM1IISS[ON
3. Does this person/firm possess a skill not normally possessed by aoy YES NO
cm comrvnTTee current City employee?
Ex lain all YES answers on a se arate sheet and anach.
SUPPORTS WHICH COUNCIL OBJECTIVE?
COUNCIL Z DLSTRICT PLANNING COUNCIL � 7
ARD S)
INITIATING PROBLEM, ISSUE, OPPORTONi1'P (Who, What, When, Where, Why?):
The existing wall is deteriorating.
ADVANTAGES IF APPROVED: �� � � y`� � � � �
The wall will be reconstructed:
�F��`,4?t ��� � ! ��JL
DLSADV N011C ES IF APPROVED: ��_�` ���� i.d i@ € J"n. 0 7�� E`$'� �@
DISADVANTAGES IF NOT APPROVED:
The wall will continue to deteriorate.
TOTAL AMOIJNT OF TRANSACTION: $O.00 WST/REVENUE BUDGETED (CIRCLE ONE) YES NO
FiJNDING SOURCE: N�A ACTIVTTY NUMBER: N�A
FINANCIAL INFORMATION: (EXPLAIIV)
oa-s�
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement") is made and entered into as of this
day of , 2002, by and between the City of Saint Paul, Minnesota, a municipal
corporation organized and existing under the constitution and laws of the State of Minnesota
("City"), and Robert L. Walsh ("Grantee").
RECTTALS
A. The City is the owner in fee simple of that certain real property located in the City
of Saint Paul, Ramsey County, Minnesota legally described on Exhibit A attached hereto ( the "City
Property"). Grantee is the owner in fee simple of that certain reai property located in the City of
Saint Paul, Ramsey County, Minnesota legally described on Exhibit B attached hereto (the "Walsh
Property")
B. There is a retaining wall owned and operated by the Grantee which is located
primarily on the Grantee Property but which encroaches onto the City Property (the "Retaining
Wall"). The Retaining Wall and the encroachment of the Retaining Wall onto the City Property is
depicted on Sunde Land Surveying, LLC's sketch dated August 31, 2001. Grantee has discovezed
the Retaining Wall is rotating outward and could eventually collapse if not stabilized. Grantee
desires to install steel beams, referred to herein as "H-Piles° to stabilize the Retaining Wall as
depicted on MRG Engineering, Inc.'s plans dated January 22, 2002 (the "H-Pile Plans"). As depicted
on the H-Pile Plans, the installation of the H-Piles requires the excavation ofbedrock from the City
Property and the replacement of excavated materials with high-strength grout. When installed, some
of the H-Piles will permanently encroach onto the City Property. To permit Grantee to install and
maintain the H-Piles, Grantee has asked the City to grant Grantee temporary access and construction
easements and a permanent encroachment and maintenance easement over portions of the City
Property. As a condition of granting Grantee the easements, the City requires Grantee to install a
keystone block facade on the Retaining Wall (the "Facade"), in accordance with those certain plans
1366474.5 1
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prepared by MRJ Engineering, Inc., dated March 18, 2002 (the "Facade Plans").
C. The City is willing to grant Grantee temporary access and construction easements for
the construction and installation of the H-Piles and the Facade and a permanent encroachment and
maintenance easement on the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration ofthe foregoing recitals and the mutual promises and
covenants contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
l. Grant ofTempor�rv Access and Construction Easement. The City hereby grants and
conveys to Grantee a nonexclusive, appurtenant, temporary easement over, upon and across the City
Property to permit Grantee and Grantee's agents and employees to access the "Construction
Easement Area" as defined in this Section 1. The temporary access easement (the "Construction
Access Easement") commences on 7une 15, 2002 and espires on November 1, 2002. The City
further grants and conveys to Grantee a non-exclusive, appurtenant, temporary construction
easement over, under, upon and across that portion of the City Property located northwesterly of a
line parallel to and 15 feet southeasterly of the northwesterly boundary line of the City Property (the
"Construction Easement Area"). The temporary construction easement (the "Construction
EasemenY') commences on June 15, 2002 and expires November 1, 2002.
2. Grant of Permanent Encroachment And Maintenance Easement. The City hereby
grants and conveys to Grantee a non-exclusive, permanent, appurtenant easement over, under, upon
and across that portion of the City Property lying northwesterly of a line running parallel with and
five (5') feet southeasterlyofthenorthwesterlyboundaryline ofthe CityProperty(the Encroachment
Easement Area") to permit the permanent encroachment ofportions ofthe H-Piles and high-strength
grout and portions of the Facade and to permit maintenance of the Facade. The City further agrees
to permit Grantee and Grantee's agents and employees access over and across the City property to
permit Grantee to reach the Encroachment Easement Area to maintain the Facade. Neither Grantee
nor ats agents or employees may enter onto the City Property to maintain the Facade without the
City's prior written consent. The City may limit Grantee's access to the City Property for
maintenance purposes to specific times and dates to minimize interference with the City's use of the
City Property, but the City may not othezwise unreasonably restrict Grantee's ability to maintain the
Facade.
3. Additional Oblieations of and Restrictions on Grantee. In addition to any other
covenants and restrictions set forth in this Agreement, Grantee must:
(i) Complete the installation of the H-Piles and Facade in accordance with the H-Pile
Plans and Facade Pians, respectively, on or before November 1, 2002. In addition
to the remedies set forth in Section 7, if Grantee fails to complete construction of the
H-Piles or the Facade in accordance with the H-Pile Plans and the Facade Plans on
1366474.5 Z
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or before November 1, 2002, the City may give Grantee written notice describing,
in reasonable detail, the nature of Grantee's default. If Grantee does not cure the
default within 30 days of Grantee's receipt of the City's notice, the City may take such
actions as the City deems appropriate to cure the default and commence an action
against Grantee in a court of competent jurisdiction to recover all costs and expenses
that the City incurred to cure the default.
(ii) Upon the conclusion of Grantee's installation of the H-Piles and the Facade, restore
any portion of the City Property Grantee has disturbed to a condition equal to or
exceeding the condition which existed prior to Grantee's construction activities,
subject only to the permanent encroachment of portions of the H-Piles and the
Facade.
(iii) Maintain the Facade.
(iv) Exercise all reasonable efforts, both in the conduct of the construction activities
contemplated in this Agreement and any subsequent maintenance activities, to
minimize the impact and effect such activities may have upon the City's use and
enjoyment of the City Property.
(v) Not cause the City to lose the use of more than 21 motor vehicle parking spaces
(hereinafter referred to as the "Displaced Parking Spaces") during the term of the
Construction Easement.
(vi) Pay the City:
(A) $79.50 per day for each weekday (Monday through Friday) during the period
Grantee is actually constructing and installing the H-Piles or the Facade; and
(B) Pay the City the sum of $147 for each concert, performance or similaz event
at Xcel Energy Center (exclusive of Minnesota Wild Games), Roy Wilkins
Auditorium and/or Touchstone Energy Place that occurs during the period of
time Grantee is actually constructing and installing the H-Piles or the Facade.
These payments aze intended to compensate the City for parking revenue the City
will lose as a result of Grantee's construction activities.
4. Grantee Responsible For All Costs. Throughout the duration of this Agreement, the
Grantee acknowledges that it presently is, and shall remain the owner of the Retaining Wall, the H-
Piles and the Facade. Grantee must pay any and all costs for the work contemplated in this
Agreement and the subsequent maintenance of the Retaining Wall, the H-Piles and the Facade.
1366474.5
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5. Insurance. The Grantee agrees that in order to protect itself as well as the City
of Saint Paul, Minnesota under the indemnity provision contained in Section 6,
below, it will obtain and keep in force, at its expense, during the term of this
Agreement:
a. a commercial general liability insurance policy of not less than $1,000,000 per
person, per occurrence for bodily injury, including death, and $1,000,000 per
occurrence for properiy damage, which policy shall not exclude explosion, collapse,
and underground property damage, and shall not contain an "aggregate" policy limit
unless specifically approved in writing by the City; and
The generai liability coverage shall contain an endorsement naming the City as an Additional
Named Insured as to acts or omissions committed by, or alleged to have been committed by
the Grantee for which the City could be held responsible. Unless otherwise agreed to by the
City, the Grantee further agrees to obtain and keep in force, as for the duration of the period
necessary to compiete the Project:
b. a builder's risk insurance policy in the amount of the construction contract
necessary to complete the Project;
Veri£able Insurance; Notice of Cancellation: The Grantee shall furnish Certificates of
Insurance evidencing compliance with this Section, which certificates shall become part of
this Agreement. Each insurance policy shall contain a provision raquiring thirty (30) days
notice of cancellation or change of the policy. If, for any reason, the Grantee shall not
comply with the obligations contained in this Section 4, the easements granted in Sections
1 and 2 herein shall thereafter terminate upon 30 calender days written notice to Grantee by
the City, unless the Grantee cures such act of non-compliance within said 30 day period.
6. Indemnification and Release. Grantee shall defend, indemnify and save the City of
Saint Paul, Minnesota harmless against and from any and all claims, actions, damages, costs and
expenses suffered or incurred or paid by or asserted against the City, including but not limited to,
attorneys' fees, arising from or with respect to all easement rights whether temporary or permanent,
granted herein (including all improvements made to the easement areas as described herein) and
attributable to the negligent actions or omissions described herein for any purpose whatsoever of
Grantee, its agents, employees, contractors and invitees who enter upon, onto or across the easement
areas described herein for any purpose whatsoever. Grantee further covenants not to sue the City
and the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA")
for and releases, waives and discharges the City and the HRA from all liability, claims or damages
arising from the exercise of Grantee's easement rights (including all improvements made to the
easement areas as described herein) under this Agreement. The preceding sentence applies only to
the City and the HRA, and, notwithstanding the provisions of Section 12, does not apply to the City's
or the HRA's agents, tenants or successors in titie.
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7. Enforcement of Agreement. Except as othenvise provided herein, this Agreement
may be enforced by proceedings in law and in equity to restrain any violation or compel specific
performance. Invalidation of any one or more of the provisions of this Agreement by judgment or
court order shall not affect any other provisions, which shali remain in full force and effect.
8. Comnliance with Laws. Grantee agrees to comply with all applicable codes, laws,
ordinances, rules and regulations of any governmental authority having jurisdiction over the
Easement Area in connection with the Project.
9. Controllin� Law. This Agreement shall be governed by and construed under the laws
of the State of Minnesota.
10. Notices. All notices required or permitted to be given under this Ag�eement shall be
in writing and shall be effective when personally served or deposited in the United States maii,
postage prepaid, properly addressed to the parties at the addresses set forth below:
City of Saint Paul
Attention: Director of Planning and Economic Development
1300 City Hall Annex
25 West Fourth Street
Saint Paul, Minnesota 55102
Robert L. Walsh
c/o Seven Corners Hardware, Inc., Attention William R Walsh
25 West Fourth Street
Saint Paul, Minnesota 55102
11. Permits. Grantee agrees to secure all necessary permits that may be required from
municipal, state or federal authorities to commence and perform the Project.
12. Successors and Assi�ns; Runs With The Land. It is agreed that the provisions and
conditions of this Agreement shall bind and inure to the benefit of the heirs, legai representatives,
successors in interest and assigns of the respective parties hereto, and that these conditions and
covenants shail specifically be deemed to run with the land.
13. Supercedin A�ffect. ThisAgreementreflectstheentireagreementofthepartieswith
respect to the matters contained herein and supercedes in all respects all prior agreements of the
parties, whether written or otherwise.
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IN WIT'NESS WHEREOF, the parties have executed this Agreement as ofthe day and yeaz
first written above.
CITY OF SAINT PAUL, MINNESOTA
Mayor
Approved as to form:
�
By
Its Director, Official ofFinancial Services
Its City Clerk
ROBERT L. WALSH
THIS INSTRt3MENT WAS DRAFTED BY:
Office of the City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
The foregoing instnunent was acknowledged before me this day of ,
2002, by , the Mayor of the City of Saint Paul,
Minnesota, a municipal corporation organized and existing under the Constitution and laws of the
State of Minnesota, on behalf of said municipal corporation.
Notary Public
Assistant City Attorney
1366474.5
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ExHiBiT A
Subject to street, Lots 5, 19, 20 and 21, Block 26, Rice and Irvine's Addition.
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