HomeMy WebLinkAbout1992-04-22CA Ltr to OPH & NAC Forwarding Copies of Amendments & AgreementsLYLE J. ECKBERG
JAMES F. LAMMERS
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
VICKI L. GIFFORD
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
MJV:sms
Enclosures
411 Ilk NAC Fil
Client
ECKBERG, LAMMERS, BRIGGS, WOLFF VIER 1
1835 NORTHWESTERN AVENUE Joi No.
Ms. LaVonne Wilson
City Clerk
Oak Park Heights City Hall
14268 57th Street North
Oak Park Heights, MN 55082
Re: St. Croix Mall PUD
Dear LaVonne and Scott:
LAW OFFICES OF
STILLWATER, MINNESOTA 55082
April 22, 1992
I also have within my file a multit
affecting the St. Croix Mall in its var
if those would be of assistance to any
Very t
01►
(612) 439 -2878
FAX (612) 439 -2923
R CEVLEAPR 27 1992
Mr. Scott Richards
Northwest Associated Consultants
4601 Excelsior Boulevard
Suite 410
Minneapolis, MN 55416
Enclosed herewith please find copies from our file as to the
various amendments and agreements affecting the St. Croix Mall PUD.
All are signed except for our copy of the 1987 Amendment which is
not signed; however, I presume a signed copy exists in the City
file.
It is the 1987 Amendment that has the provision prohibiting
the storage of snow on site which came in issue at the April 13,
1992 City Council meeting. That information should perhaps be
forwarded on to Councilman Doerr who raised the question by way of
memo or otherwise.
I trust that you have each received a copy of our latest
proposed Amendment to the St. Croix Mall PUD affecting the Mall
theater expansion. That too would constitute the most recent
adjustment or amendment to the St. Croix Mall P
e of m
ous dev
ne.
ours,
J. Vierling
s and drawings
opmental stages.
AMENDMENT TO ST. CROIX MALL PLANNED UNIT DEVELOPMENT
AGREEMENT DATED APRIL 18, 1979, AND ST. CROIX MALL
SURVEY FILED AS DOCUMENT NO. 388949 IN THE OFFICE OF
THE COUNTY RECORDER IN AND FOR WASHINGTON COUNTY, MINNESOTA
THIS AGREEMENT made this day of
1987, by and between the OAK PARK DEVELOPMENT CO., party of the
first part, hereinafter referred to as "Developer and the CITY
OF OAK PARK HEIGHTS, party of the second part, hereinafter
referred to as "the City
WITNESSETH:
WHEREAS, the parties hereto have previously entered into
a Planned Unit Development Agreement which is dated the 18th day
of April, 1979, and the developer has also filed a P.U.D. Survey,
which is on file with the County Recorder in and for Washington
County as Document No. 388949 and as Torrens No. 51835, and a
signage P.U.D. dated the 11th day of June, 1984; and
WHEREAS, the parties hereto are desirous of amending
said Agreement because of additional development and expansion of
said Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. Survey. That the Developer shall prepare, at its
expense, an amended Planned Unit Development survey which must be
approved by the City and the proper agencies and filed in the
offices of the County Recorder and Registrar of Titles as an
amended Planned Unit Development survey. That the signage plan
amending the Planned Unit Development adopted on June 11, 1984,
is reaffirmed and made a part hereof by reference.
2. Parking and Vehicle Circulation. The parking stall
size shall be constructed according to the ordinances of the City
and shall provide fifty -six (56) foot standard wall -to -wall space
to provide sufficient area for better parking stalls and driveway
aisles. There shall be installed concrete islands in place of
striped "no parking" areas. All on -site parking must be of
bituminous surfacing in accordance with specifications determined
by the City Engineer.
3. Lighting Plan. The Developer shall submit to the
City the lighting plan for all parking areas, describing light
location and type of lighting fixture, which must be approved by
the City, the City Engineer and the City Planner.
4. Shared Parking and Access. The Developer and
tenants /owners of the parcels of land shall enter into an
agreement as to shared parking and access as to all current and
future owners. The agreement shall be approved by the City and
filed in the offices of the County Recorder and Registrar of
Titles in and for Washington County, Minnesota. The agreement
shall also provide that in the event the Developer fails to keep
said parking area in proper repair and maintenance, the City
shall have the right to enter upon the premises contained in this
Planned Unit Development and repair and maintain said parking lot
and assess the cost thereof against the owners of the real estate
as set forth in Minnesota Statutes Chapter 429. The
responsibilities for repair, maintenance and snow removal shall
be set forth in the agreement. The agreement shall also provide
that all snow must be removed from the site, and not stored
thereon.
The City shall have the right to enter upon the Mall
property, parking lots or lot to inspect the same at all
reasonable times. The City shall have the right to order the
Developer, or its successors, to make the necessary improvements
and repairs to said parking lot or lots.
5. Grading and Drainage Plan. The grading and drainage
plans must be approved by the City and the City Engineer. Said
plans must address the storm water drainage and erosion control
during and after construction.
6. Utilities. All utilities must be installed
underground including, but not limited to, telephone, electrical,
gas, water and sewer. Water service to each lot must provide
separate water connections with shut -off valve.
7. Landscaping. The Developer shall provide a
landscaping plan for the green areas within the development, and
the City may require security for the performance thereof.
THE FOREGOING shall be filed in the offices of the
County Recorder and the Registrar of Titles in and for Washington
County, Minnesota, and shall be binding upon all of the assigns
and successors of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals this day of
1987.
3
OAK PARK DEVELOPMENT CO. CITY OF OAK PARK HEIGHTS
By By
Its Frank Sommerfeldt, Mayor
By By
Its La Vonne Wilson
Administrator /Treasurer
(CORPORATE SEAL) (CORPORATE SEAL)
STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this
day of 1987, by
and the and
of Oak Park Development Co., a
corporation under the laws of the State of Minnesota, on behalf
of the corporation.
(Notarial Seal)
STATE OF MINNESOTA
ss.
COUNTY OF WASHINGTON)
Notary Public
The foregoing instrument was acknowledged before me this
day of 1987, by Frank Sommerfeldt
and La Vonne Wilson, the Mayor and Administrator /Treasurer,
respectively, of the City of Oak Park Heights, a municipal
corporation under the laws of the State of Minnesota, on behalf
of the corporation.
(Notarial Seal)
Notary Public
AMENDMENT TO ST. CROIX MALL
PLANNED UNIT DEVELOPMENT AGREEMENT
AS IT RELATES TO EXTERIOR SIGNAGE
THIS AGREEMENT made this
11th
day of June
1984, by and between the CITY OF OAK PARK HEIGHTS, Washington County,
Minnesota, a municipal corporation, party of the first part, herein-
after referred to as "City and OAK PARK DEVELOPMENT CO., INC., a
Minnesota corporation, party of the second part, hereinafter referred
to as "Developer
WITNESSETH:
WHEREAS, the parties hereto entered into a Planned Unit
Development Agreement, said Agreement being dated the 18th day of
April, 1979; and
WHEREAS, said Agreement provided for a complete revision
of the outdoor signs at the time modification or new signs were
proposed for any part of the St. Croix Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. No new signage will be allowed until approval has
been received by both the City and the Developer.
2. Only tenants with exclusive exterior entrance will
be allowed signage on the exterior of the building. The number
of signs is limited to one per entrance. The location of signs
is limited to the wall(s) directly related to the use being identified.
3. The signs shall consist of individual raised letters
with a maximum of 4 feet in height. Sign area will be determined
by the length of the tenant's name spelled in four foot letters.
4. The plan attached hereto and marked Exhibit "A" and
made a part hereof by reference is the plan approved by both parties
hereto; however, Wards Automotive Center will be permitted a sign of
its own which is somewhat independent of the principal store,
including a separate entrance.
5. The following signs are not permitted, and shall be
brought into compliance with the City Code at once, to -wit:
UPPER MALL North elevation
Hardware Hank
LOWER MALL North elevation
-2-
2 temporary banners on
building facade
8 temporary window signs
for advertising
MGM Liquor Warehouse 2 changeable wall signs
for advertising
Snyder Bros. Drug 2 permanent window signs
Memory Banque 2 window signs used for
advertising
UPPER MALL South elevation
St. Croix Shoe Service 5 window signs
Ward's Automotive Center 30- square foot wall sign
Golden Crown 1 portable advertising sign
on boulevard
1 window advertising sign
Video Merchants windows used for advertising
6. The following signs are non conforming, but shall be
permitted until such time as major repair to the sign is required or
there is a change of ownership, to -wit:
Ronald Jewelers 1 60- square foot wall sign
Mall Theaters 1 45- square foot wall sign
7. The Developer shall present an inventory in written
and graphic form of the signs that are existing or proposed by the
businesses.
IN WITNESS WHEREOF, the parties have hereunto set forth
their hands and seals the day and year first above written.
CITY City of Oak Park Heights
By Gf -vt1t Jv
Frank ommerfeldt, M
y L a Vonne Wilson, City
DEVELOPE Oak ParkDevelo t Co., Inc.
By
Its
By
Its
Administrator
•••....111
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EXHIBIT A Page
UPPER MALL SIGN PLI
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EXHIBIT A Page 2
LOWER MALL SIGN PLA
ST. CROIX MALL PUD AGREEMENT
In accordance with an approved general plan of
development dated the 18th day of April
19 79
a copy of which is on file with the City Clerk of the City of
Oak Park Heights, the same being incorporated herein by reference,
and also incorporated by reference herein is the St. Croix Mall
PUD survey filed as Abstract ;388949 and Torrens #51835 in the
office of the County Recorder and Registrar of Titles in and for
Washington County, Minnesota, the City Council of the City of Oak
Park Heights hereby grants approval of the Planned Unit Development
for said St. Croix Ball, subject, however, to the following terms
and conditions:
1. The fence located on the Southerly boundary line of
the St. Croix Mall property between the residential area and the Mall
shall be maintained and repaired from time to time as may be required
to maintain said fence in a proper state of repair and maintenance.
The repair and maintenance of said fence shall be the sole responsibility
of the owners of the St. Croix Mall. The City Building Inspector for
the City of Oak Park heights shall be the final judge of the necessity
of repair and maintenance of said fence. In the event that the owners
of the Mall fail to repair said fence within thirty (30) days of notice
by the City Building Inspector, then and in that event, the City of
Oak Park Heights may proceed to maintain said fence and assess the
cost thereof against the owners of the St. Croix Mall in accordance
with M.O. 429.101.
2. Storm sewer installation for the North side of the
St. Croix Mall Planned Unit Development shall be constructed by the
City and assessed against the benefited property owners.
3. Final lighting plans for the St. Croix Mall shall be
submitted for approval for the entire St. Croix Mall development to
the City Council at such time as the St. Croix Mall is ninety percent
their hands and seals this 16th day of
(90%) completed, and that said lighting plan as approved by the City
at that time shall be installed and modified in accordance therewith
within sixty (60) days thereafter.
4. A complete revised plan for outdoor signs shall be
submitted to the City Council at the time any modification or new
signs are proposed for any part of the St. Croix Mali. It is
specifically understood that the signing shall also contain a plan
for the businesses now located in said Mall.
5. The final plans and specifications for the retaining
wall and erosion control on the North side of the development shall
be submitted to the City Council and approved by the City Council
prior to the time any construction is commenced.
6. No construction shall be Permitted within the St. Croix
Mali confines until all required plans have been submitted to and
approved by the City of Oak Park Heights.
7. All open areas of the, site are to be grasses or
maintained in a dust free condition.
IN WITNESS WHEREOF, the parties have hereunto set forth
CITY OP OAK PARK HEIGIHTS
By Ls/ Donald Mondor
Donald Mondor, Mayor
July 1980.
By /s/ LaVonne Wilson
LaVonne Wilson, City Clerk
OAK PARK DEVELOPMENT CO., INC.
BY /s/ Norris M. Swager
Its President
By _/s/ Norvin Swager
Its Secretary Treasurer
-2--
CONSENT OF FIRST TRUST COMPANY, INC., TRUSTEE
1. First Trust Company, Inc., formerly First Trust Co. of
St. Paul, Trustee, holds a Mortgage recorded as document no. 394865
in the Office of the County Recorder, Washington, Minnesota, on Lot
6, Block 1, St. Croix Mall PUD.
2. Attached hereto as Exhibit A, dated the /G to day of
April, 1987, is the First Amendment to the St. Croix Mall Real
Estate Development Agreement dated Aprii 17, 1979.
3. The undersigned hereby consents to the terms and
conditions of the First Amendment to the St. Croix Mall Real Estate
Development Agreement and consents to the execution of that
Agreement by the parties thereto.
IN WITNESS WHEREOF, the undersigned has executed this Consent
this day of April, 1987.
STATE OF MINNESOTA
)ss
COUNTY OF RAMSEY
This instrument was drafted by:
Jon B. Albrightson
800 Amhoist Tower
St. Paul, Minnesota 55102
(612) 297 -6400
FIRST TRUST COMPANY, INC.
BY
and
I S L' istant
ITS ASSISTANT SECRETARY
The foregoing instrument was acknowledgment before me this
/C. day of April, 1987 by TJ Sander and J Stevens
the Assistant Vice president And AJSwTANT SECKtiAKY
First Trust Company, Inc., a Corporation, on
behalf of the Corporation.
NOTARY PO,.
X A AAAAAAAAAAAAAAAAAAAX
3 BEVERLY M. KROLL
a j NOTARY PUBLIC MINNESOTA
3 RAMSEY COUNTY
s W.1.. My Commission Expires April 21. 1990 i
XVVrrnIVVVVVVVVVVVVVVVVYVVIIVVVVVVVVX
of
FIRST AMENDMENT TO THE ST. CROIX•MALL REAL ESTATE DEVELOPMENT AGREEMENT
This agreement, made and entered into this /G day of April 1987, by and
among Swager Bros., Inc., (hereinafter referred to as Swager Bros.), St. Croix Bowl,
Inc. (hereinafter referred to as Bowl), Duenow Foods, Inc., formerly Duenow
Corporation of Minnesota, (hereinafter referred to as Duenow), Lyra 77 Associates,
as successor in interest to Financial Property Developers, Inc. (hereinafter
referred to as Lyra), City of Oak Park Heights (hereinafter referred to as City),
Swager Bros. Realty, Inc. (hereinafter referred to as Realty) and Oak Park
Development Co., Inc. (hereinafter referred to as Oak Park).
INTRODUCTION
Swager Bros. is the fee owner of the following described property located in the St.
Croix Mall, legally described as follows:
Lots 1, 2 and 3, Block 1, St. Croix Mall P.U.D. Second Addition; and
Lots 7,8 and 9, Block 2, St. Croix Mall P.U.D. Second Addition; and
Lot 8, Block 1, St. Croix Mall P.U.D.; and
Oak Park is the fee owner of the following described property located in the St.
Croix Mall, legally described as follows:
Lots 1, 2, 3, 4, 5 and 6, Block 2, St. Croix Mall P.U.D. Second
Addition; and Lot 3, Block 1, St. Croix Mall P.U.D.; and
Bowl is the fee owner of the following described property located in the St. Croix
Mall, legally described as follows:
Lot 9, Block 1, St. Croix Mall P.U.D.; and
Duenow is the fee owner of the following described property located in the St. Croix
Mall, legally described as follows:
Lot 5, Block 1, St. Croix Mall P.U.D.; and
City is the fee owner and Lyra is the equitable owner of the following described
property located in the St. Croix Mall, legally described as follows:
Lot 6, Block 1, St. Croix Mall P.U.D.; and
Realty is the fee owner of the following described property located in the St. Croix
Mall, legally described as follows:
Lot 7, Block 1, St. Croix Mall P.U.D.
The parties to this agreement or their predecessors in interest, entered into the
St. Croix Mall Real Estate Development Agreement, dated April 17, 1979, recorded
April 18, 1979, as Document No. 389052 (Abstract) and Document No. 51881 (Torrens);
and
The parties to this agreement have consented to a partial replat of the St. Croix
Mall P.U.D.; and
The parties to this agreement desire to update, revise and amend the existing St.
Croix Mall Real Estate Development Agreement as it relates to their respective
tracts of land;
NOW THEREFORE, in consideration of the mutual covenants and conditions contained in
this agreement, it is hereby agreed between the parties as follows:
1. DEFINITIONS: For the purposes of this Agreement the following terms shall
have the following meanings:
A. "St. Croix Mall" shall mean the land, including buildings owned by the
parties located within the plat of St. Croix Mall PUD or St. Croix Mall PUD Second
Addition as depicted on Exhibit A.
B. "Net Leasable Square Feet" shall mean the total square footage of any
building or buildings now or hereafter located in the St. Croix Mall, excluding
walls, common areas and non public facilities.
C. "Structures" shall mean all buildings, signs, pylons, pedestals, utilities,
improvements or other similar structures, whether permanent or temporary in nature,
and located within the St. Croix Mall.
D. "Utilities" shall mean all present or future water, sewer or electric
services, including lines, pipes, poles and other devices used to transmit such
sevices, and located within the St. Croix Mall.
2. PARKING EASEMENTS: Each of the parties to this agreement does, and has by
these presence, granted, bargained, sold and conveyed to each other party, their
successors and assigns, the right, title and privilege of a permanent, non exclusive
easement for the purposes of ingress, egress and parking, on, over and across cruise
lanes, parking areas and sidewalks on Lot 1, Block 2, St. Croix Mall PUD Second
Addition, and on Lots 3, 5, 6, 7, 8, 9, 11 and 12, Block 1, St. Croix Mall P.U.D. as
shown on the attached Exhibit A. This easement shall include pedestrian and
vehicular traffic and shall be for the benefit of each other party, its successors,
assigns, tenants, invitees, licensees and employees.
3. PARKING AREAS: Lyra shall have the obligation of installing paving and
parking for parking purposes which shall provided total additional parking spaces in
a ratio equal to 6 for each 1,000 square feet of net leasable square feet of
buildings on Lot 6, Block 1, St. Croix Mall PUD. Lyra shall have the right to
install such paving on any portion of Lot 6, Block 1, lying southerly of buildings
located thereon, and on any portion of Lot 1, Block 2, St. Croix Mali PUD Second
Addition, which lie within the area designated as Northern States Power Co.
easement, as this easement is depicted on Exhibit A. For the purposes hereof Swager
Bros. and Oak Park hereby grant and convey unto Lyra its contractors and employees
such temporary construction licenses as are necessary to complete such parking
areas. Lyra shall be further obligated to repair and maintain such parking areas,
whether located on Lot 6, Block 1 or the easement area at its own cost and expense.
Lyra agrees that it will not reduce the number of parking spaces on Lot 6, Block 1,
and the easement area, and each of the other parties agree that they will retain the
existing number of parking spaces in their respective tracts as of the date of this
agreement.
4. UTILITY EASEMENT: Each of the parties does and has by these presence
granted, bargained, sold and conveyed unto each other party a permanent and mutual,
non exclusive easement over and within the areas outside of the building perimeters,
as depicted and described in Exhibit A, for the purposes of constructing, operating,
maintaining and repairing sanitary sewers, storm drains, water and gas mains,
electric power lines, telephones lines and other utility lines for use in common
with the other parties. The location of all such easements shall be subject to the
reasonable prior written approval of the parties in, to, over and under whose tract
the same is to be located. Said easement is also subject to the obligation of the
party benefited by the utility easement to construct, repair, maintain and replace
same at its own cost and expense, and to repair or replace in kind, and in quality,
any damage caused by the benefited party to the improvements of the other party or
parties caused by the exercise of the rights herein contained at its own cost and
expense; provided however, no party shall unreasonably interfere with the operation
of the businesses of the other parties in exercising its rights pursuant to this
Agreement.
At any time the grantor of any of the utility easements described herein shall have
the right to relocate on the tract of the grantor any such facilities then located
thereon, provided that such relocation shall be performed only after thirty (30)
days notice of the grantor's intention to so relocate shall have been given to the
grantee, and such relocation:
shall not interfere with or diminish the utility services to the grantee.
h) shall not reduce or reasonably impair the usefulness or function of such
utility; and
c) shall be performed without cost or expense to grantee, and the materials
and design standards used in connection with such relocation shall be equal to or
exceed those originally used.
The utility easements granted herein shall be mutually reciprocal, perpetual and
shall run with the land, provided however, such utility easements may be relocated
as provided above.
It is specifically understood and agreed that no party shall at any time, without
the consent of all other parties first obtained, terminate or interrupt the easement
granted herein for water or water protection or other utility service except for a
temporary interruption necessary for the making of required repairs.
5. EXPANSION: Each of the parties agrees that any further development of
their respective tracts of land will be performed on a first class workmanlike
manner, with all buildings being sprinklered, and that any buildings that are
expanded next to a wall not owned by the expanding party will be constructed with a
separarte wall so that their respective developemnt will remain separate and
distinct. Each of the parties further agree that they will not change points of
ingress and egress of the location of cruise lanes on its tract without the
unanimous approval of all other parties, except as may be required by a governmental
agency, law, ordinance or regulation.
6. MAINTENANCE: Each of the parties agrees to provide for prompt and uniform
snow removal, grounds keeping, maintenance, upkeep, repair and landscaping of all
common areas on their respective tracts in the St. Croix mall. The obligations of
this paragraph 6 shall be considered met by a party paying its pro rata share of
common area charges to Swager Bros. according to the terms of any lease or by such
separate agreement as may be negotiated between each party hereto and Swager Bros.
It is expressly understood however, that in the event Minnesota Mutual Life
Insurance Company should become fee owner of any tract in the St. Croix Mall through
mortgage foreclosure, deed in lieu thereof, or any other means, it shall not be
bound by any contract or Lease with Swager Bros. in connection with its obligations
hereunder to maintain, repair and landscape its tract or tracts.
7. LIENS AND DESTRUCTION: Each party hereto shall pay on or before their
respective due dates, including such dates as may be established by reason of a
contest of, all taxes and assessments, the payment of which would be secured by a
lien upon any tract referred to herein owned by such party, and shall promptly, upon
request of the owner of any other tract affected hereby, furnish to such owner tax
receipts evidencing such payment. In the event of any destruction of, or damage of
any improvements upon any portion of the property affected by the Agreement, the
owner of such tract shall, at owner's option, either:
a) Cause such improvements to be repaired, reconstructed and restored as
nearly as practicable to the condition existing just prior to such damage or
destruction; or
b) Cause other improvements to be constructed on the area covered by the
destroyed or damaged improvements, which other improvements are similar to,
compatible with and integrated with the remaining development; or
c) Cause the area covered by the destroyed or damaged improvements to be razed
and the area then to be made free of any hazards or unsightly conditions. Any
driveways or parking areas will be returned to their condition just prior to damage
or destruction and all areas shall be kept clean and maintained in a first —class
manner; or
d) Cause any combination of the foregoing to occur.
If either party hereto shall default with respect to any of its obligations set
forth in this Agreement and such default shall continue for thirty (30) days after
receipt of written notice thereof from the other party (hereinafter referred to as
the "Complaining Party then the Complaining Party shall have the right to cure
such default for the account of the defaulting party, and be reimbursed by the
defaulting party for reasonable costs and expenses so incurred, plus interest at the
rate of eight per cent (8 per annum. Such right of reimbursement shall be secured
by a lien and charge which is hereby created upon the property of the defaulting
party affected by this Agreement; however, such lien and charge shall be
subordinated and inferior to any mortgage held by an insurance company, bank, trust
company, savings and loan association, pension, or profit— sharing trust secured by
the property of the defaulting party.
8. EXCULPATION: Notwithstanding any of the covenants and conditions herein
contained, no fee owner of all or any part of the respective tracts, nor its
partners, shareholders, officers, executors, personal representatives, transferees,
heirs, successors or assigns shall be personally liable for any of the obligations
arising from this Agreement, and any judgment rendered thereon shall be limited to
the fee owners' interest in its tract as aforesaid. The foregoing provisions
concerning the limitation of liability do not in any manner and shall not be
interpreted or construed to affect or impair the rights of any parties to pursue any
remedy at law or equity which any party may have hereunder,- and is intended only to
limit the enforceability of obligations hereunder to the fee owner's interest in its
tract.
9. EMERGENCY EASEMENTS: In order to provide adequate access for emergency and
utility vehicles, each of the parties grants to the City of Oak Park Heights an
easement for ingress and egress for public emergency and utility vehicles on and
over the St. Croix Mall.
State of Minnesota
ss
County of Washington
10. BINDING EFFECT: This Agreement shall inure to the benefit of, and run with
the land owned by the parties, and shall be enforceable and binding upon the parties
to•this Agreement, their heirs, successors, assigns, transferees or vendees. It is
understood that this Agreement in no way transfers any right, title or interest in
the St. Croix Mall to any other parties, but only gives the parties to this
Agreement the permanent, mutual and non exclusive rights to use certain property
owned by the other parties for the purposes set forth in this Agreement.
11. EFFECTIVE DATE: This Agreement shall become effective and binding upon the
parties as of the date and year first above written.
Oak Park Development Co., Inc.
By
Its President
/gR-4172,-//
Its Secretary—Treasurer
easurer
By
The foregoing instrument was acknowleged before me this J7' day of April,
1987, by Norris M. Swager and Norvin L. Swager, the President and
Secretary— Treasurer of Oak Park Development Co., Inc., a corporation under the laws
of Minnesota, on behalf of the corporation.
Notary 'Public
`i JEAN M. TENNANT
nC:a;.Y fU9LIC— mWNE5OTA
`l:.cHINGTCN COUNTY
My corr:misslo- expires Feb. 22, W89
State of Minnesota
ss
County of Washington
State of
County of
LYLE J.
MY C�.. :i. ;:c :J, ::09
tr wvnnnnn wnnwrnrwsrwvoorovvv
ss
City of Oak Park Heights
Notary ublic
The foregoing instrument was acknowleged before me this /7 day of April,
1987, by /12.1N/( b. S01-„,n•7.1t. /di and 1.s Venn 14L.. 001 IC
the /Yj a y a l., and Q f4 o.. fi r+ ii, s of the City of Oak Park
He ighr s a 0 f 7 e under the laws of (V)-1.,., 1,..c.. S f y, on
behalf of the y L l
Duenow Foods, Inc.
By
Its
By
Its
The foregoing instrument was acknowleged before me this day of April,
1987, by and
the and of Duenow Foods, Inc. a
under the laws of on behalf of
the
Notary Public
State of Minnesota
ss
County of Washington
State of
County of
ss
Swager Bros., Inc.
By
By
Its
By
Its
Its ),d
The foregoing instrument was acknowleged before me this rm. day of April,
1987, by Norris M. Swager and Norvin L. Swager
the President and Executive Vice Pres. of Swager Bros., Inc.,
a corporation under the laws of Minnesota, a behalf of the corporation.
Notar' Public
St. Croix Bowl, Inc.
The foregoing instrument was acknowledged before me this day of April,
1987, by and
the and of St. Croix Bowl, Inc.,
a under the laws of
on behalf of
the
Notary Public
r JeA N M. TENNANT
s-� eUC i.�.
ex .cires
41y �oTmi.:io
State of Minnesota
ss
County of Washington
State of
County of
ss
THIS INSTRUMENT WAS DRAFTED BY:
Howard R. Turrentine
6150 Oren Avenue North
Stillwater, MN 55082
Swager Bros. Realty, Inc.
By
Its President
By
Its Secretary
The foregoing instrument was acknowleged before me this day of April,
1987, by Karen F. Swager and Bradley W. Swager, the President and Secretary of
Swager Bros. Realty, Inc., a corporation under the laws of Minnesota, on behalf of
the corporation.
Notary Public
Lyra 77 Associates, a
Pennsylvania Limited Partnership
By
Its General Partner
The foregoing instrument was acknowleged before me this day of April,
1987, by the General Partner of Lyra 77
Associates, a limited partnership under the laws of Pennsylvania, on behalf of the
limited partnership.
Notary Public
AMENDMENT TO ST. CROIX MALL
PLANNED UNIT DEVELOPMENT AGREEMENT
AS IT RELATES TO EXTERIOR SIGNAGE
THIS AGREEMENT, made this
day of
1984, by and between the CITY OF OAK PARK HEIGHTS, Washington
County, Minnesota, a municipal corporation, party of the first
part, hereinafter referred to as "City and OAK PARK DEVELOPMENT
CO., INC., a Minnesota corporation, party of the second part,
hereinafter referred to as "Developer
WITNESSETH:
WHEREAS, the parties hereto entered into a Planned Unit
Development Agreement, said Agreement being dated the 18th day
of April, 1979; and
WHEREAS, said Agreement provided for a complete revision
of the outdoor signs at the time modification or new signs were
proposed for any part of the St. Croix Mall.
NOW, THEREFORE, IT IS AGREED by and between the parties
hereto as follows, to -wit:
1. No new signage will be allowed until approval has
been received by both the City and the Developer.
2. Only tenants with exclusive exterior entrance will
be allowed signage on the exterior of the building. The number
of signs is limited to one per entrance. The location of signs
is limited to the wall(s) directly related to the use being identifie
3. The signs shall consist of individual raised letters
with a maximum of 4 feet in height. Sign area will be determined
by the length of the tenants' name spelled in four foot letters.
4. The plan attached hereto and marked Exhibit "A"
and made a part hereof by reference is the plan approved by both
parties hereto; however, Wards Automotive Center will be permitted
a sign of its own which is somewhat independent of the principal
store, including a separate entrance.
5. All signs that are non conforming because of area
or dimension requirements may remain until there is a change,
and at that time, the signage must be brought into conformance.
6. The following signs are not permitted, and shall be
removed:
UPPER MALL North elevation
Hardware Hank
MGM Liquor Warehouse
Snyder Bros. Drug
Memory Banque
Ronald Jewelers
Mall Theaters
UPPER MALL South elevation
St. Croix Shoe Service
Wards Automotive
Center
LOWER MALL North elevation
Golden Crown
-2-
2 temporary banners
on building facade
8 temporary window signs
for advertising
2 changeable wall signs
for advertising
2 permanent window signs
2 windows used for
advertising
1 60 square foot wall
sign
1 45 square foot wall
sign
5 window. signs
30 square foot wall sign
1 portable advertising
sign on boulevard
1 window advertising sign
Guns 2 windows used for signage
Video Merchants windows used for advertising.
7. The Developer shall present an inventory in written
and graphic form of the signs that are existing or proposed by the
businesses.
IN WITNESS WHEREOF, the parties have hereunto set forth
their hands and seals the day and year first above written.
CITY City of Oak Park Heights
By
By
Frank Sommerfeldt, Mayor
La Vonne Wilson, City
Administrator
DEVELOPER Oak Park Development Co.,
Inc.
By
Its
By
Its
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UPPER MALL SIGN PL
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EXHIBIT A Page
LOWER MALL SIGN PI