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HomeMy WebLinkAboutContract 20482048 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, is made and entered into as of this day of ~,~ ~ ~„S~ a4.- , 20 i,~~ by the CITY OF COLUMBIA HEIGHTS, MINNESOTA, a municipal corporation (the "City"). WITNESSETH THAT: WHEREAS, the City has instituted a downtown parking program concerning the provision of municipal parking facilities to an area herein referred to as the "Parking District", which Parking District is shown on Schedule A attached hereto, and the assessment of the costs of such parking against benefitted properties within the Parking District; and WHEREAS, in connection with the establishment of the parking program the City has determined that it is in the best interest of the City that additional parking facilities provided within the Parking District and that these facilities be maintained in or for the benefit of the Parking District; and WHEREAS, in order to service the existing public parking demand within the Parking District and the additional public parking demand to be created as a result of planned development within the Parking District the City has constructed a 310-space public parking ramp (the "Parking Facility") on real property owned by the City and described in Schedule B attached hereto (the "Parking Property"); and WHEREAS, the City desires to make the Declaration set forth herein concerning its operation and maintenance of the Parking Facility for the benefit of the parking district. 1. Construction of Parking Facility. The City has constructed or caused to be constructed the Parking Facility on the Parking Property. The Parking Facility consists of a 310 space parking ramp, together with landscaping and shrubbery. 2. Operation and Maintenance. (a) The City shall maintain or cause to be maintained the Parking Facility as a municipal public parking ramp. The Parking Facility shall be available for use by tenants, licensees, customers and business invitees of the owners of business establishments located within the Parking District. The Parking Facility shall be designated for short-teen parking as appropriate for the businesses served. Use of the Parking Facility for employee parking will be regulated through the use of a permit system and employee parking will be limited. to the top levels of the Parking Facility. The City will use reasonable efforts to enforce all use restrictions established herein. (b) The City shall operate, maintain, repair and reconstruct, if necessary, the Parking Facility in good condition and repair for the period of time beginning with completion of the Parking Facility and ending on the earlier of: (i) January 1, 2027; or (ii) such time as the Parking District has changed in character or the parking needs of the Parking District have changed so as to no longer require the parking furnished by the Parking Facility, provided that the City shall have obtained the reasonable consent of all owners of properties including 25% or snore of the commercial square footage existing on the date hereof within the Parking District prior to any abandonment of any portion of the Parking Facility. (c) The Parking Facility shall be operated as a free municipal public parking ramp unless the City determines that it is necessary or desirable to charge a parking fee and provided that before commencing to charge such fees the City obtains the reasonable consent of all owners of properties including 25% or more of the commercial square footage existing on the date hereof within the Parking District. (d) The Parking Facility shall be maintained in a first-class manner in accordance with sound engineering principles. 3. Covenant Running with the Land. The covenants contained in this Declaration shall be enforceable by an action for specific performance and damages, an action for damages, or any other remedy available at law or in equity by any owner or group of owners of 25% or more of the commercial square footage located within the Parking District calculated based upon the total commercial square footage within the Parking District as of the date hereof; and the City specifically agrees that a remedy at law is not adequate and these covenants shall be specifically enforceable in a court of equity. 4. Provision of Additional Parking. In the event that there is a change in demand for parking on the Parking Property, the City will at all times during the tern of this Declaration promptly and diligently respond to such change and construct and maintain adequate parking on the Parking Property. The costs of additional parking shall not be assessed against properties in the Parking District except to the extent that a change in use of such properties, new construction on such properties, or other conditions on such properties, after the date hereof creates a need for additional parking beyond the demand for parking estimated by the City as of the date hereof to be generated by such properties. Nor shall the existing spaces within the Parking Facility be allocated to serve additional parking demands created by any new construction or change in use of an existing business which change in use has been approved by the City. 5. Insurance; Repair or Replacement. (a) The City agrees to keep or cause to be kept the Parking Facility insured against direct damage covering all risks of loss, including but not limited to fire, extended damage perils, vandalism and malicious mischief, and collapse, on a replacement cost basis in an amount equivalent to the full insurable value thereof. Full insurable value shall include the actual replacement cost of the improvements, architectural and engineering fees, without deduction for depreciation. The policy shall be subject to a no coinsurance clause and shall contain reasonable deductibility provision. (b) If any part of the Parking Facilities is damaged or destroyed by fire or any other insured casualty, the entire proceeds of all insurance which are payable by reason of such damage or destruction will be used to restore, as promptly as possible, the Parking Facilities to as near the condition which existed immediately before such damage or destruction as is reasonably possible. (c) If the Parking Facility is to be restored pursuant to paragraph (b) above, the City will promptly proceed to repair and restore the same to substantially the wine condition as existed before casualty and will receive the insurance proceeds for such purpose and pay all costs incurred therefor from the insurance proceeds. Any repairs or replacements undertaken pursuant to this Section 5 will be at least equal in quality to the original and shall be done in a workmanlike manner. IN WITNESS WHEREOF, the City has executed this Declaration as of the day and year first above written. THE CITY OF STATE OF MINNESOTA ) ss. COUNTY OF ~ ~ ., `~ _ ) The foregoing instrument was acknowledged before me this `~` day of ` 20 ~ -) by ~ ~--~ ~ , ~~'~° ~~-~ ~~3 ~ W.. ,the Mayor of the City of Columbia Heights, on behalf of the City. ~; ,~ `.. ~em~~t ~lotary Public f {~~. Its: Mayor THIS INSTRUMENT WAS DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (763) 780-8500 (MFH) 3999i2v1 SCHEDULE A Parking District Beginning at a point 30' north of the northeasterly corner of Lot 1, Block 61, Columbia Heights Annex, thence westerly along the centerline of platted 41st Avenue NE, a distance of 448.75' to a point on the northerly extension of the centerline of the platted alley running north and south within Block 60, Columbia Heights Annex, thence southerly a distance of 832' to the intersection of the centerline of the platted alley running east and west within Block 63, Columbia Heights Annex, thence easterly a distance of 136.15' to the intersection of the centerline of Van Buren St NE, thence southerly along said centerline a distance of 307' to a point on the westerly extension of Lot 11, Block 62, Columbia Heights Annex, thence easterly a distance of 282.3' to the southeast corner of Lot 11, Block 62, Columbia Heights Annex, thence northerly along the west right-of--way line of platted Central Avenue NE to the point of beginning. All in Anoka County, Minnesota. SCHEDULE B Parking Property Lots 20 to 26, inclusive, Block 61, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, according to the recorded plat thereof.