07-1145Return copy to: (BJE)
PW/T'echnical Services - Real Estate
1000 City Hall Annes
F
Presented By
RESOLUTION
NNESOTA
3046250
/S
2 WHEREAS, the Ci of S' Paul ("City") recently acquired a vacant parcel of land ("Outlot F") that abuts
3 a portion of the Upper Landing Urban Village housing development owned by the Mississippi Flats at
4 Upper Landing Condominium Association ("Mississippi Flats"); and
6 WFIEREA5, Mississippi Flats owns a Retaining Wall bordering Outlot F, the Samuel Morgan Trail, and
7 right-of-way between Outlot F and the Samuel Morgan Trail (the "License Area"); and
8
9 WIIEREAS, Mississippi Flats and the City have negotiated a Retaining Wall License Agreement (attached
10 hereto as E�ibit I to allow Mississippi Flats to use said License Area to access and maintain the Retaining
11 Wall; now, therefore be it
12
13
14
15
16
17
18
19
20
21
22
23
24
25
RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby approve said Retaining Wall
License Agreement in a form and content substantially as set forth herein, and authorize the proper city
offlcials to execute same.
2 6
Requested by the Division of:
Adopted by Council: Date ���G'S�!/�
Adoprion Certified by Co�mcil Secretary
By: /'
Approved b ya . Da ,�v n
By:
Council File #
Green Sheet #
' � .- - �
� ` s ( 1� �(
Bv: OG�/ /�,C.Fi1w,,.�
Director
Form Approved by City Attomey
By: i�i'f/'�`.i'. �s-�� .
Approv y a r for Sub 'ssion to Council
By:
G�Real EstateV+cquisitious�Parks and RecreationWE2006 11 -- Centex_Outlot F�MissFlats LicrnseACpmcResoLdoc
%�
D'I-ll�/�"
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�7'��`7'"✓
pW —Pu6Lc wo�ks
Confact person & Phone:
Bruce Ergelbrekt
266-8854
Must Be on Council Agen
Doc. Type: RESOLUTION
E-DOCUment Required: Y
Doeument Contaek Bruce Engelbrekt
Contad Phone: 266�8854
12-NOV-07
�
l�ssign
Number
For
Routing
Order
Total # of Signature Pages _(Clip NI Locations for Signature)
Green Sheet NO: 3046250
1 arks and Rxrestion De ar�eut Director
2 " Attame ChadStaW
3 or's Offim Ma or/Assisfant
4 oancil
5 ' Clerk C' Ckrk
Approve resolufion to accept a Retaining Wall License Agreement betweeu fhe City of Saint Paul and the Mississippi Flats Upper
Landing Condominium Association
Pianning Commission
CIB CommiBee
Civil Service Commission
1. Has ihis person/firm ever worked under a contrect for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does fhis personlfirtn pwseu a skill not normally possessed by any
curtent city empioyee?
Yes No
Explain all yes answere on separate sheet and attach M green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Mississippi Flats owns a retaining wall bordering city-owned property along the Chestnut Street Plaza and Samuel Morgan Trail.
Mississippi Flats needs a license from the City to authorize their use of a 15-foot area along the retaining wall for maintenance
purposes. T'he attached license agreement provides that authorizarion. �
Advarkages HApproved:
Mississippi Flats will have [he necessary rights to maintain their retaining wall, and the City will ensure that its abutting property is
protected.
DisadvanWges HApproved:
None
DisadvanWges If NM Approved: .
Mississippi Flats will be unable to access i[s retaining wall to do necessary maintenance. The City will have limited abIliry to protect
our nnprovements on the abutting city properiy.
�� Transadion: $0.00
Funding Source:
Financial Information:
(Expiain)
AMivity Number.
��������
�e'tY'� � �, C�!t��
CostlRevenue Budgeted:
November 12, 200712:55 PM Page 1
��-�i��
EXHIBIT I
RETAINING WALL LICENSE AGREEMENT
1`FIIS AGREEMENT is given as of the day of , 2007,
between the City of Saint Paul, Minnesota, a municipal corporaUOn under the laws of the State
of Minnesota (the "Cit}�'), and Mississippi Flats at Upper Landing Condominium
Association, a Minnesota nonprofit corporarion ("Mississippi Flats").
RECITALS
A. Mississippi Flats owns certain real property located within the Upper Landing
development project in the City of Saint Paul, Ramsey County, Minnesota, legally described as
Lot 1, Block 1, UPPER LANDING LTRBAN VILLAGE, according to the recorded plat thereof,
Ramsey County, Minnesota (the "Mississippi F1ats Pazcel").
B. The City owns certain real property adjacent to the Mississippi Flats Pazcel,
legally described as Outlot F, UPPER LANDING URBAN VII,I,AGE, according to the recorded
plat thereof, Ramsey County, Minnesota (the "City Parcel").
C. The City additionally holds easement rights over portions of Chestnut Street and
the Samuel Morgan Trail, a portion of which was formerly referred to as Old Shepard Road
(which was formerly Water Street according to Rice & Irvine's Addition to St. Paul) ("City
Easements") abutung the Mississippi Flats Parcel.
D. The City intends to construct a pedestrian plaza, (the "Chestnut Street Plaza"),
consisting of decorative paving, benches, planters, stairways, plantings and other related plaza
amenities, upon the City Parcel and a portion of the City Easements between the City Pazcel and
Sam Morgan Trail.
E. There is a retaining wall located along the northeasterly and southeasterly
boundaries of the Mississippi Flats Parcel ("Retaining Wall"). A portion of the Retaining Wall,
namely the wall footings, extends approximately one (1) foot onto the City Pazcel and City
Easements area.
F. Mississippi Flats requires a Permanent Retaining Wall License (the "License") for
the portion of the Retaining Wall located on the City Pazcel and City Easements, and for access,
construction, reconstruction, inspection, repair and maintenance of the Retaining Wall.
G. The City requues that Mississippi Flats's use of the City Pazcel and City
Easements under the License not unduly interfere with the City's access to and use of the City
Pazcel and City Easements.
NOW, THEREFORE, in consideration of One Dollaz ($1.00) and other good and
o��/���
valuable consideration, the receipt and sufFciency of wluch aze hereby acknowledged, the City
and Mississippi Flats hereby declare that the agreements, covenants, conditions and restrictions
hereinafter set forth shall be established over certain portions of the City Pazcel, the City
Easements and Mississippi Flats Pazcel.
ARTICLE 1
LICENSE
11 Grant of License. Subject to the terms and conditions hereof, the City hereby
grants and conveys to Mississippi F1ats, its successors and assigns, a Permanent Retaining Wall
License over, under, upon and across that portion of tkie City Pazcel and the City Easements as
described and depicted on E�ibit A attached hereto (the "License Area") for the following
purposes:
A Encroachment of sub-surface wall footings; and
B. Ongoing construction, reconstruction, inspection, repair and/or maintenance of the
Retaining Wall or sub-surface wall footings.
1.2 Use. Mississippi F1ats shall limit its use of the License Area to access, construct,
reconstruct, inspect, repair and maintain the Retaining Wall. The City shall be pemutted to
install planrings, benches and other plaza ameniUes within the License Area.
L3 Maintenance. Mississippi Flats shall be responsible for all maintenance of the
Retaining Wall, including but not limited to cleaning, patching, sealing and other normal
maintenance activities. Mississippi Flats also shall obtain any pernuts that may be required by
the City to perform maintenance work within the License Area.
1.4 Restoration. Following completion of any access, construction, reconstruction,
inspection, repair and/or maintenance activity within the License Area, if any plaza landscaping
or improvements therein have been damaged due to the maintenance activity, Mississippi Flats
shall promptly repair the damage and restore the improvements to their former condition or as
close thereto as may be pracucal.
1.5 Access. Upon completion of the Chestnut Street Plaza construction, Mississippi
Flats shall have the right to access the License Area for construction, reconstruction, inspection,
repair andlor maintenance purposes, and shall provide the City notice of such access as follows:
A. Inspecuon — forty-eight (48) hours
B. Maintenance — five (5) business days
Mississippi Flats shall make every reasonable effort to coordinate with the City
Mississippi Flats's access to the License Area in order to minimize any impact on City activities
and operations.
2
v�-����
ARTICLE 2
STAII2WAYS
21 Stairwavs. The Chestnut Street Plaza project includes the construction of two (2)
staircvays, one from the plaza level on the City Parcel and another from the plaza level on the
City Easements, to a higher elevation on the ground level of the Mississippi Flats Parcel. The
stauways aze intended to facilitate pedestrian movement between the Mississippi Flats Pazcel and
the City Pazcel.
A. Mississipni Flats's Oblieations: Mississippi F1ats shall pernut the City to permanently
attach the two (2) City-owned stairways to the Retaining Wall.
B. Citv's Responsibilities: The City shall own and be responsible for consfiructing,
reconstructing, inspecting, repairing and,maintaining the two (2) stairways. The City
also shall be responsible to repair any damage that may occur to the portion of the
Retaining Wall to which the City's stairways aze attached, but only if such damage is
due to the attachment of the stairways.
ARTICLE 3
GENERAL PROVLSIONS
3.1 Intentionally deleted.
3.2 RiEhts Reserved. Except for rights expressly granted to Mississippi Flats herein,
the City reserves all rights in and to the License. The rights reserved herein are expressly limited
by those acrions of the City which might damage the Retaining Wall or License Area or which
might prevent access to the License Area by Mississippi F1ats.
33 Indemnification. Each party hereto shall indemnify, defend and hold harmless
the other party from and against all claims, expenses, losses or liabilities in connection with any
action or claims paid, suffered or incurred as a result of the indemnifying party's access,
construction, reconstruction, inspection, repair or maintenance of the License or the two (2)
stairways as provided in this Agreement.
3.4 Aereement Shall Continue Notwithstandina Breach. It is expressly agreed that
no breach of this Agreement shall entifle any party to cancel, rescind or otherwise ternunate this
Agreement. However, such limitation shall not affect in any manner any other rights or remedies
which such party may have hereunder, or at law or in equity, by reason of any such breach.
3.5 Successors and Assigns. The terms and provisions hereof shall inure to the
benefit of and be binding upon the heirs, legal representatives, successors and assigns of the
owners of the Mississippi Flats Parcel and the City Pazcel and the covenants, agreements and
License contained herein shall be deemed to run with and burden the City Pazcel.
v�-ii�
3.6 Default, remedv. Mississippi Flats shall be in default under this Agreement if it
fails to perform any of its obligafions hereunder within thirty (30) days of being given written
notice of such failure by the City. Whenever a default by Mississippi Flats occurs, the City has
the right to perform such obligation itself and recover from Mississippi Flats the costs and
expenses so incurred by the City together with a reasonable sum for its administrative costs.
These costs may be collected by the City through special assessment. The City has no right or
remedy to terminate this License except by mutual written agreement of both the City and
Mississippi Flats.
3.7 1Yme L'unitation. This Agreement and covenants shall remain in effect in
perpetuity.
3.8 Amendment This Agreement may not be amended or modified without the
written consent of the parties hereto.
39 Captions. The captions herein are inserted only for reference and in no way limit
or describe the scope of tlus Agreement or the meaning of any provision hereof.
310 Counteraarts. This Agreement may be executed in any number of counterparts,
each of which when so executed shall be deemed to be an original, and all of which counterparts
of this Agreement, taken together, shall constitute but one in the same instrument.
3.11 Governin¢ Law. This Agreement shall be governed by the laws of the State of
Minnesota.
3.12 Entire Aareemen� This Ageement embodies the entire ageement and
understanding between the parties and supersedes any prior oral or written agreements with
respect to the matters stated herein. No representations, warranUes, undertaldngs or promises,
whether oral, implied, written or otherwise, have been made by either party hereto to the other
unless expressly stated in the above-referenced document, or unless mutually agreed to in writing
between the parties hereto after the date hereof, and neither party has relied on any verbal
representations, agreements or understandings not expressly set forth herein.
[Separate Signature Pages Follow. j
07-//�
SEPARATE SIGNATURE PAGE OF
MISSISSIPPI FLATS AT UPPER LANDING CONDONIINIUM ASSOCIATION
FOR RETAIlVING WALL LICENSE AGREEMENT
IN WITNESS WIIEREOF, the undersigned has caused this Agreement to be made as of
the day and year first above written.
STATE OF IvIINNESOTA )
) ss
COUNTY OF RAMSEY )
The instrument was aclmowledged before me this 1:��� day of November, 2007, by
Todd M. Stutz, its President, on behalf of Mississippi Flats at Upper Landing Condominium
Association, a Minnesota nonprofit corpora6on, on behalf of the corporation.
> ��r i •' � / �
� � � ii
� ��.; ' • "'
.: ���;
�.� � ' �
MISSISSIPPI FLATS AT UPPER
��-ll��
SEPARATE SIGNATC7RE PAGE OF
CITY OF SAINT PAUL
FOR RETAINING WALL LICENSE AGREEMENT
IN WITNESS WHEREOF, the undersigned has caused tlus Agreement to be
the day and year first above written.
CITY OF SAINT
By: _
Its Mayor
By:
Its ]
of Financial5ervices
City Clerk
Approved as to form:
Assistant City Attorney
STATE OF MINNESOTA
COLTNTY OF Ramsey / )
The
Director, Off
Saint Paul, a
389345_4
x�a
istrument was acknowledged before me this day of
, by , Mayor,
of
icial Services and , City Clerk of the City of
municipal corporation under the laws of the State of Minnesota.
Notary Public
�
��-ii��
EXHIBIT A
Le�al Description of Retainine Wall License Area on Citv Parcel
All that part of Outlot F, UPPER LANDING URBAN VILLAGE, according to the recorded plat
thereof, Ramsey County, Minnesota, which lies southwesterly of a line drawn parallel with and
distant 15.00 feet northeasterly from the southwesterly line of said Oudot F and its extensions.
Deniction of Retaining Wall License Area on Citv Easements and City Pazcel
[See Drawing on Next Page]
EXHIBIT A
� LICENSE AREA - �- - -'�
�_.,.__. -- - - - - '-- _ .
� '_ . �- _ SHEPpR RoAD ____-
� - -_-� ---- - --- __ =-.-
�
� r I
�� 1
��,
� �
��'����,
,, , i
;; �
;
,i!� � i
I
����a�o
15'License Area
------- -- - ------'— --
� -- _ _...__..__
�---------- - ...
�. s
' � - ---_ '�..
�
NnF[
1 WALL PIIMNEM BPSELNE FqLOW
USi 11NE OF BLIXM 1 LOi 1. fWiNG
p1GtOPR1E5 INLO OYROi F
z cornownre s*uc mrvsmucnox ww
camnc.ow ra cxESmur vuu
-- � -- `. `_}-
��
�c�ue
� ��,� �v.� � so_w<�
� CONCTc1E PPNAS
LCLO�iE� taYLiiEIE PAVFIAEN}
� N£Th RqM1NG qi CONCREiE REiPINING WFLL
e LtlNGEIE REfPINING WP;L
�
�