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HomeMy WebLinkAbout1978-09-08 DRAFT Covenants & Cross Easements �- RESTRICTIVE COVENANTS AND CROSS EASEMENTS FOR THE ST. CROIX MALL THIS AGREEMENT made and binding upon the parties to this Agreement as of the daze of approval for the St. Croix Mall PUD by the City of Oak Park Heights between Oak Park Development Co., Inc., a Minnesota corporation, Swager Bros., Inc., a Minnesota corporation, Financial Properties Developers, Inc., a Georgia corporation, St. Croix Bowl, Inc., a Minnesota corporation, and Limited Partnership, and Duenow Corporation of Minnesota, a Minnesota corporation (Kentucky Fried Chicken), for the purposes of providing for the orderly development, expansion and operation of the St. Croix Mall and as a condition to the City of Oak Park Heights granting approval for the St. Croix Mall PUD. Swager Bros., Inc. is the fee owner of the following described property located in the St. Croix Mall, described as: The VFW Tract, the Swager Bros. Tract, Tract A, Tract B, The Best Steak House Tract, the Golf Course Tract and the Action Rental Tract according to the attached Site Plan. St. Croix Bowl, Inc. is the fee owner of the following described property located in the St. Croix Mall, described as: The St. Croix Bowl Tract as described on the attached Site Plan. Duenow Corporation of Minnesota is the fee owner of the following described property located in the St. Croix Mall, described as: The Kentucky Fried Chicken Tract on the attached Site Plan. Financial Properties Developers, Inc. is or will be the fee owner of the following described property located in the St. Croix Mall described as: Tract C as described on the attached Site Plan. Oak Park Development Co., Inc. is the fee owner of the following described property located in the St. Croix Mall described as: The Oak Park Heights State Bank Tract, and the remaining parcels of land located in the St. Croix Mall according to the attached Site Plan. All of the parties are engaged in the business of leasing, developing, or operating retail businesses in the St. Croix Mall and have a mutual interest in providing adequate parking for the St. Croix Mall customers, providing for the accessibility and maintenance of utility services, providing for maintenance, upkeep and repair of the parking area and common areas, providing for the management of the St. Croix Mall, providing for landscaping, design, and aesthetic control of the St. Croix Mall and maintaining as nearly as is possible the present aesthetic qualities- of the St. Croix Mall. NOW THEREFORE, in consideration of the mutual covenants and conditions and cross easements, it is hereby agreed between the parties as follows: 1. For the purposes of this Agreement, the following terms shall have the following meanings: a) St. Croix Mall: Total land owned by the parties hereto as identified on the attached Site Plan. b) Net Leaseable Square Feet: Total square footage used or leased by the parties for the operation of their own, their tenants, or sub - tenants' respective businesses, excluding walls, common areas and non- public facilities. c) Structures: All buildings, signs, pylons, pedestals, utilities, improvements, or other similar structures, whether permanent or temporary in nature. d) Utilities: All present or future gas, water, sewer or electric services, including, lines, pipes, poles or other devices used to transmit such services. e) Permitted Uses: Uses permitted by the Washington County and /or Oak Park Heights Zoning and Development Code, as the Zoning and Development Code is applied by the City of Oak Park Heights. f) Common Area: Those areas not used by the parties or their tenants for retail businesses. 2. In order to provide adequate parking for customers of the St. Croix Mall, each of the parties to this Agreement grants and conveys to each other party the right and privilege of a permanent mutual non - exclusive easement for the purposes of ingress and egress and parking on, over and across cruise lanes, parking areas, and sidewalks in the St. Croix Mall. This easement shall include pedestrian and vehicular traffic and shall be for the benefit of all the parties, their assigns, tenants, invitees, licensees and employees. Each party agrees to provide a minimum of six (6) parking spaces for each One Thousand (1000) feet of net leaseable area of their respective or leased buildings, or the existing number of parking -2- spaces as of the date of this Agreement. In no event shall any party reduce the number of parking spaces on its tract to less than the existing spaces or six (6) as the case may be. 3. In order to provide adequate access to repair and maintain either existing or future utility services, each of the parties grants and conveys to each other party a permanent, mutual and non- exclusive easement for the purposes of constructing, operating, maintaining and repairing utilities. This easement is subject, however, to the obligation of the party benefited by the utility easement to repair or replace in kind and in quality any damage caused by the benefited party to the improvements on or over the land which is crossed by the utility. Each of the parties also grants and conveys to each other party permanent, mutual and non - exclusive easement for drainage and water run -offs to the extent that such drainage and water run -off is not caused by a change in the existing drainage and water run -off pattern of the St. Croix Mall. 4. In order to maintain the existing skyline and profile of the St. Croix Mall, each of the parties agree not to erect any structure in excess of Nine Hundred Forty -nine (949) feet above sea level, and further agree to abide by any and all height, space, architectural and structural restrictions contained in any permit issued by the City of Oak Park Heights. 5. In order to provide for the uniform construction and appearance of the structures and buildings, either existing or to be constructed in the future in the St. Croix Mall, each of the parties agree that they shall develop their respective tracts of land pursuant to all the terms, conditions and restrictions of any Planned Unit Development Permit issued by the City of Oak Park Heights affecting same, and in 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 separate wall so that their development will remain separate and distinct. Each of the parties further agree that all exterior walls of buildings constructed shall be surfaced with a suitable masonry -3- type material (such as painted block or K mart split brick) as required in any PUD permit issued by the City of Oak Park Heights, and in keeping with the existing aesthetic and architectural design of the Mall, and each party hereto agrees to maintain their respective buildings and improvements in a good, structural, operating condition and shall maintain the exterior surfaces of their buildings in a state of good repair and maintenance. 6. Each of the parties agree to provide for the prompt and uniform snow removal, grounds keeping, maintenance, upkeep, repair and landscaping of all common areas of the St. Croix Mall by either: a) Promptly providing for the snow removal, grounds keeping, maintenance, upkeep, repair and striping, painting and landscaping of their respective tracts, or b) Paying their pro -rata share of all such upkeep, repair and maintenance, including snow removal, grounds keeping, painting, striping and maintenance of the St. Croix Mall parking area, together with all walkways and common areas as such costs are incurred and assessed by the management committee as defined in paragraph 7 below. In computing the pro -rata share of costs, each party's pro -rata share shall be in proportion to their votes on the management committee, as defined in Paragraph 7 below. 7. The enforcement, regulations, direction, administration and management of these covenants, easements, and restrictions shall be vested in a management committee which shall be comprised of five members who shall be elected by the parties to this Agreement. In determining the number of votes each party shall have, their number of votes shall be in proportion to the number of square feet owned by them in multiples of 10,000 square feet, rounded off to the nearest 10,000. Notwithstanding any dimensions to the contrary, it is agreed that the parties have the present votes: Duenow Corporation of Minnesota One Vote Oak Park Development Co., Inc. Fifty -One Votes Swager Bros., Inc. Twenty Votes St. Croix Bowl, Inc. Twelve Votes Financial Properties Developers, Inc. Sixteen Votes Any increase or decrease in square footage owned by the parties shall result in a corresponding increase or decrease in their respective votes. Each fee owner shall be entitled to nominate five candidates and the five candidates with the most votes shall be elected without cumulative voting. The management committee shall meet at least -4- r annually for the purposes of electing five new members, with the first annual meeting to be held on the day of , 1978, and at such other times as are necessary to maintain and operate the Mall. The meetings shall be called by written notice, given 21 days prior to the meeting, and a quorum shall consist of those members present. All notices shall be deemed received when sent by United States mail to the designated addresses which shall be provided by each of the above named parties to the management committee.within 90 days of the execution of this Agreement. The meeting shall be conducted according to Roberts Rules of Order. 8. Each party shall have the right and responsibility to design and develop their landscaping in the Mall subject to the City of Oak Park Heights' approval. 9. All signs, structures, buildings, utilities or other improve- ments, whether temporary or permanent, shall be subject to the limitations contained in the Planned Unit Development (PUD) permit and the ordinances of the City of Oak Park Heights. 10. Each of the parties has the responsibility to insure that all lights, lighted areas, and other sources of illumination shall be constructed, maintained and operated so as not to unreasonably highlight any one area over another, nor cause unreasonable glare or shadows in one area over another. It is the intent of this paragraph to insure the uniform lighting throughout the Mall. 11. No parties shall permit or allow their tenants, employees, service men, or others within their control to park, stand, load or truck service between the building lines and the street property line as contained in the attached plat. 12. These covenants, conditions, restrictions and easements may be changed, amended, or deleted, only upon approval by the City of Oak Park Heights, in the same manner as the amending, changing or deleting of conditions in the Planned Unit Development (PUD) permit. 13. 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 -5- } 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. 14. Each of the parties agree that the final plat will provide for mutual and cross easements for emergency, utility, vehicular, and pedestrian service, and will conform and be subject to the applicable provisions, if any, contained in the PUD permit. 15. This Agreement shall terminate and cease to be effective after thirty (30) years from the date of execution hereof, unless terminated at an earlier date by the written consent of all parties named herein and the City of Oak Park Heights. OAK PARK DEVELOPMENT CO., INC. By Dated: SWAGER BROS., INC. By Dated: FINANCIAL PROPERTIES DEVELOPERS, INC. r B y cs� Dated: ST. CROIX BOWL, INC. Cl�o� � TkTM WHILE YOU WERE OUT By M Dated: of R DUENOW CORPORATION AM ewe Nnmbu Eidum n _ ta.ERHONE R.EASE CALL By CALL®'IOSEEYOU WLLCALLAWN Dated: WANMM SEEYOU URGENT REIURNEDYOUR CALL �Om = NL 27M 0 Ned W_ now M61371 , -6-