PLAZA CONDOMINIUM DOCS

The undersigned(s) being a purchaser of a residential unit is the Plaza, a Condominium, hereby acknowledges receipt from TGA Development, Inc., the Seller of such unit, the following documents required to be furnished to the undersigned pursuant to the undersigned’s Purchase Agreement and specifically the paragraph entitled “Condominium Disclosure/Rights to Rescind”:

  1. The name and principal address of the Declarant and the name and address of the condominium.
  2. A general description of the condominium.
  3. Declaration of Easements affecting and benefiting The Plaza, a Condominium, and Commerce at The Plaza, a Condominium.
  4. Declaration of Condominium for The Plaza, a Condominium, with the following attachments:
  1. A legal description of the parcel of real estate in which The Plaza is located (Exhibit A to the Declaration).
  2. Plat of survey of the real estate, a parcel of which is The Plaza and floor plans

of the building and the units including floor plans of The Commerce at The

Plaza, a Commercial Condominium, which floor plans are included with the

sole intention of showing easement areas for the benefit of The Plaza and for illustrative purposes only (Exhibit B to the Declaration).

  1. A list of units and allocation of undivided interest in the common elements,

Common expenses and votes in the Association (Exhibit C to the Declaration).

  1. Legal description of the parcel of real estate to be submitted for The

Commerce at The Plaza, a Commercial Condominium (which is shown

for reference purposes only), (Exhibit D to the Declaration).

  1. Articles of Incorporation of The Plaza Condominium Association (Exhibit E to the Declaration).
  2. Bylaws of The Plaza Condominium Association (Exhibit F to the Declaration).
  1. Statement Concerning Skywalk Agreement.
  2. Garage Unit Assignment.
  3. The Plaza Condominium Association Proposed Annual Operating Budget year ending February 28, 1986 and Calculation of Assessments to Unit Owners.
  4. Initial rules and regulations promulgated by the Declarant.
  5. A description of the insurance to be provided for the benefit of unit owners.

Dated this _____ day of ______, 19 ____ at Des Moines, Iowa.

Unit No.(s) ______

Purchaser

______

Purchaser

DISCLOSURE MATERIALS INCLUDED FOR THE PLAZA, A CONDOMINIUM:

  1. The name and principal address of the Declarant and the name and address of the

Condominium.

  1. A general description of the condominium.
  2. Declaration of Easements affecting and benefiting The Plaza, a Condominium, and

Commerce at The Plaza, a Condominium.

  1. Declaration of Condominium for The Plaza, a Condominium, with the following

Attachments:

  1. A legal description of the parcel of real estate in which The Plaza is

located (Exhibit A to the Declaration).

  1. Plat of survey of the real estate, a parcel of which is The Plaza and floor plans of the building and the units including floor plans of The Commerce at The Plaza, a Commercial Condominium, which floor plans are included with the sole intention of showing easement areas for the benefit of The Plaza and for illustrative purposes only (Exhibit B to the Declaration).
  2. A list of units and allocation of undivided interest in the common elements, common expenses and votes in the Association (Exhibit C to the Declaration).
  3. Legal description of the parcel of real estate to be submitted for The Commerce at The Plaza, a Commercial Condominium (which is shown for reference purposes only), (Exhibit D to the Declaration).
  4. Articles of Incorporation of The Plaza Condominium Association (Exhibit E to the Declaration).
  5. Bylaws of The Plaza Condominium Association (Exhibit F to the Declaration).
  1. Statement Concerning Skywalk Agreement.
  2. Garage Unit Assignment.
  3. The Plaza Condominium Association Proposed Annual Operating Budget year ending February 28, 1986 and Calculation of Assessments to Unit Owners.
  4. Initial rules and regulations promulgated by the Declarant.
  5. A description of the insurance to be provided for the benefit of unit owners.
  1. THE NAME AND PRINCIPAL ADDRESS OF THE DECLARANT AND THE NAME AND ADDRESS OF THE CONDOMINIUM.

The name and principal address of the Declarant:

TGA Development, Inc.

151 East County Road B-2

St. Paul, MN 55117

The name and address of the Condominium Regime:

The PLAZA, a Condominium

300 Walnut Street

Des Moines, IA 50309

  1. A GENERAL DESCRIPTION OF THE CONDOMINIUM.

The structure consists of a 2 level parking garage below grade, 2 levels of commercial at the ground and skywalk levels and 23 levels of residential condominium apartments above. It is the 2 levels of parking garage and the residential condominium apartments above which comprise the PLAZA.

There are two types of units within the PLAZA: garage units and residential units. There are 258 garage units. There are a maximum of 227 residential units on the upper 23 levels.

The recreational facilities for the residential apartments are on the third floor and consist of an equipped exercise room, sauna, whirlpool and a furnished lounge leading out onto the rooftop plaza, outdoor swimming pool and 2 rooftop tennis courts. The main entry is on the north side of the ground level.

The PLAZA enjoys easements in Commerce at the PLAZA for the use and maintenance of entrances, lobbies, lounges, elevator shafts, stairways, utilities, and others as spelled out in the Declaration of Easements.

Some of the mechanical equipment supporting both The PLAZA and Commerce at The PLAZA, A condominium, enjoys easements for the use and maintenance of these facilities, and others, as spelled out in the Declaration.

The commercial areas shall be used for commercial, restaurant, retail, office, or professional purposes and uses incidental to these uses, and shall not be used for manufacturing, industrial, hotel, or residential purposes.

  1. DECLARATION OF EASEMENTS AFFECTING AND BENEFITTING THE PLAZA, A CONDOMINIUM, AND COMMERCE AT THE PLAZA, A CONDOMINIMUM.

DECLARATION OF EASEMENTS

THIS DECLARATION, made this _____ day of ______, 1984, by TGA DEVELOPMENT, INC., a Minnesota Corporation, (“Declarant”);

WITNESSETH:

WHEREAS, Declarant is the owner of certain real estate (“Total Property”) situated in the City of Des Moines, County of Polk, State of Iowa, legally described as follows, to-wit:

Lots One, Two, Ten, Eleven and Twelve and the vacated portion of the North/South

Alley adjacent to and between said Lots One and Two and said Lots Eleven and Twelve and the vacated portion of the East/West Alley adjacent to and between said Lots Ten and Eleven of Block 24, all in TOWN OF FORT DES MOINES, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa; and

WHEREAS, Declarant has constructed and there now exists upon and within the Total Property a twenty-five (25) story building commonly known as 300 Walnut Street as to which Declarant intends to create a residential condominium to include a maximum of 227 residential apartments located in the 3rd through 25th floors including 258 garage units located in levels A and B below grade and also a separate multi-unit commercial condominium within the first floor (Ground Level) and the second floor (Skywalk Level); and

WHEREAS, in furtherance of such purpose, immediately following the filing of this instrument, Declarant intends to file a Declaration for COMMERCE AT THE PLAZA, a Condominium, together with Bylaws and Floor Plans creating a condominium exclusively for commercial usage (the “Commercial Condominium “) as to the following described portion of the Total Property, to-wit:

That part lying between elevations 34.00 feet and 63.00 feet (City of Des Moines Datum) lying within the following described property:

Lots One, Two, Ten, Eleven and Twelve and the vacated portion of the North/South Alley adjacent to and between said Lots One and Two and said Lots Eleven and Twelve and the vacated portion of the East/West Alley adjacent to and between said Lots Ten and Eleven of Block 24, all in TOWN OF FORT DES MOINES, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa;

Together with that part lying between elevations 63.00 feet and 64.00 feet (City of Des Moines Datum) and lying within the following described tract:

Commencing at the Northeasterly corner of said Lot 12, the point of beginning; thence Westerly along the Northerly line of said Lot 12 a distance of 46.82 feet; thence deflecting to the left, at an angle of 45 degrees 00 minutes 00 seconds, 122.10 feet; thence deflecting to the left, at right angles, 45.25 feet; thence deflecting to the left, at an angle of 45 degrees 00 minutes 00 seconds, 123.88 feet

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to the Easterly line of said Lot 12, 43.99 feet to the point of beginning and there terminating.

Subject to easements and restrictions of record, if any. And

Declarant intends to file a Declaration for THE PLAZA, a Condominium, together with

the Bylaws and Floor Plans creating a condominium exclusively for residential and garage usage (the “Residential Condominium”) as to the following described portion of the Total Property, to-wit:

That part lying below elevation 34.00 feet (City of Des Moines Datum) together with that part lying above elevation 63.00 feet (City of Des Moines Datum) and all lying within the following described property:

Lots One, Two, Ten, Eleven and Twelve and the vacated portion of the North/South alley adjacent to and between said Lots One and Two and said Lots Eleven and Twelve and the vacated portion of the East/West Alley adjacent to and between said Lots Ten and Eleven of Block 24, TOWN OF FORT DES MOINES, an Official Plat, all now included in and forming a part of the City of Des Moines, Polk County, Iowa

Excepting there from that part lying between elevations 63.00 feet and 64.00 feet (City of Des Moines Datum) and lying within the following described tract:

Commencing at the Northeasterly corner of said Lot 12, the point of beginning; thence Westerly along the Northerly line of said Lot 12 a distance of 46.82 feet; thence deflecting to the left, at an angle of 45 degrees 00 minutes 00 seconds, 122.10 feet; thence deflecting to the left, at an angle of 45 degrees 00 minutes

00 seconds, 45.25 feet; thence deflecting to the left, at right angles, 45.25 feet; thence deflecting to the left, at an angle of 45 degrees 00 minutes 00 seconds, 123.88 feet to the Easterly line of said Lot 12; thence Northerly along the Easterly line of said Lot 12, 43.99 feet to the point of beginning and there terminating subject to easements and restrictions of record, if any,

the filing of which instruments will subject the Total Property and the Commercial Condominium and the Residential Condominium created therein to the provisions of Chapter 499B, Code of Iowa (the “Act”); and,

WHERERAS, Declarant has formed an Iowa non-profit corporation named the Plaza Commercial Owners Association (“Commercial Association”) and an Iowa non-profit corporation called The Plaza Condominium Association (“Residential Association”) for the purposes of serving as the associations of owners for the administration, maintenance and operation, respectively, of the Commercial Condominium and the Residential Condominium; and,

WHEREAS, it is necessary and desirable that there be established perpetual easements in the Residential Condominium for the benefit of the Owners and Occupants of the Commercial

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Condominium, such easements to be generally for support, utilities and access, all as more specifically set forth herein and as shown on the respective Floor Plans to be filed with respect to each condominium, and to establish covenants and restrictions relating to such easements which are binding upon all Owners and Occupants of both the Commercial Condominium and the Residential Condominium, so as to provide for the free and efficient use and maintenance of such easements by the Owners and Occupants of the Commercial Condominium and the Residential Condominium, respectively, and for the economic and efficient administration, operation and maintenance of the respective common elements by the respective condominium associations;

NOW, THEREFORE, the Declarant hereby declares that the Commercial Condominium and the Residential Condominium shall be benefited by and be subject to, as the case may be, the following easements, rights, covenants and restrictions which shall be perpetual, notwithstanding any law to the contrary, shall run with the land, and shall inure to the benefit of and be binding upon the Owners and Occupants of the Commercial Condominium and the Residential Condominium and all portions thereof, including all Units and Common Elements, and of and upon the Commercial Association and the Residential Association:

  1. DEFINITIONS. In addition to the words and phrases defined in the foregoing

recitals, the following words and phrases when used herein shall have the

following meanings, unless the context clearly indicates otherwise.

“Owner” means the person or persons, or entity or entities, including Declarant, whose estates or interests, individually or collectively, aggregate fee simple absolute ownership of a Unit, including a vendee under a contract for deed, in the Residential Condominium or the Commercial Condominium.

  1. “Building” is the structure located at 300 Walnut Street, within the Commercial Condominium and the Residential Condominium.
  1. “Occupant” in the case of the Residential Condominium means the Owner and members of the household of an Owner, household employees, guests, invitees, tenants, agents, licensees, contractors and other persons authorized by an Owner of a residential Unit or the Residential Association to enter upon any part of the Residential Condominium; “Occupant” in the case of the Commercial Condominium means an Owner’s employees, invitees, licensees, agents, contractors, tenants, and other persons authorized by an Owner of a commercial Unit or the Commercial Association to enter upon any part of the Commercial Condominium.

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  1. “Facilities” means and includes annunciators, antennae, boxes, brackets, cabinets, cables, coils, computers, conduits, controls, control centers, cooling towers, couplers, devices, ducts, equipment (including, without being limited to heating, ventilating, air conditioning and plumbing equipment), fans, fixtures, generators, hangers, heat trunks, indicators, junctions, lines, machines, meters, motors, outlets, panels, pipes, pumps, radiators, risers, starters, switches, switchboards, systems, tanks, transformers, valves, wiring and the like used in providing services from time to time in any part of the building, including, without being limited to, air conditioning, alarm antenna, circulation, cleaning, communication, cooling, electric, elevator, exhaust, heating, mechanical, natural gas, plumbing, radio, recording, sanitary, security, sensing, sewer, steam, telephone, television, transportation, trash removal, utility, ventilation and water service.
  1. “Unit” means a commercial unit or residential unit as established in the respective condominium Declarations pertaining to the Building.
  1. “Common Elements” means those portions of the Residential Condominium and Commercial Condominium which are not Units.
  1. “Pedestrian Concourse” means that part of the skywalk system on the Skywalk Level of the Building as shown on the Floor Plans.
  1. EASEMENTS IN COMMERCIAL CONDOMINIUM FOR BENEFIT OF RESIDENTIAL CONDOMINIUM. There shall exist in the Commercial Condominium for the benefit of Residential Owners, Occupants and the Residential Association and appurtenant to the Residential Condominium and all Residential Units and Common Elements the following easements as shown on the Floor Plans for the Commercial Condominium:
  1. Non-exclusive easements in and to all footings, columns, and shear walls constructed within the Commercial Condominium for the support of all structures, the normal contents of such structures, and all Facilities located within or appurtenant to the Residential Condominium.

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  1. Non-exclusive easements for Facilities constructed within the Commercial Condominium for the common use and benefit of the Residential Condominium and Commercial Condominium, and for exclusive use, maintenance, repair and replacement of facilities constructed therein for the exclusive use of the Residential Condominium.
  1. An exclusive easement for the maintenance of encroachments in the event that, by reason of construction of the Building or the subsequent settlement or shifting of the Building, any part of the Residential Units or Common Elements encroaches or shall hereafter encroach upon any part of the Commercial Condominium. Such easement for the maintenance of encroachments shall exist only so long as all or any part of the Building shall remain standing; provided, however, that in no event shall an easement for any encroachment be created in favor of the Residential Condominium if such encroachment unreasonably interferes with the normal use and enjoyment of the Commercial Owners and Occupants.
  1. An non-exclusive easement for Facilities between elevation 43.83 feet and 49.33 feet except for Stair Nos. 1, 3, 4, 5, 6, 7 and 9 and except for Residential Condominium Elevator Easement Area, Elevators, Mechanical Mezzanine Level and Building Entrance Atrium, and for the exclusive use, maintenance, repair and replacement of Facilities constructed therein for the exclusive use of the Residential Condominium.
  1. A non-exclusive easement through the entire Ground Level for access to the Facilities, Mechanical Equipment Rooms, Mechanical Equipment Areas and concrete slab above ground level, reserved to the Residential Association and its specifically authorized officers, employees, agents, and contractors, as may be reasonably necessary from time to time for the construction, installation, use, inspection, maintenance, repair and replacement of the Facilities located within the ground level.
  1. A non-exclusive easement over the entire Skywak Level for Facilities between elevation 59.5 feet and the upper boundary of the Commercial Condominium, except for Stair Nos. 1, 4, 7 and 9 and except for Residential Condominium Elevator Easement Area and for the exclusive use, maintenance, repair and replacement of Facilities constructed therein for the exclusive use of the Residential Condominium.

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  1. A non-exclusive easement for access over the entire Skywalk Level to Facilities, Mechanical Equipment Rooms, Mechanical Equipment Areas and the concrete slab above the Skywalk Level, reserved to the Residential Association and its specifically authorized officers, employees, agents, and contractors, as may be reasonably necessary from time to time for the construction, installation, use, inspection, maintenance, repair and replacement of the Facilities located within the Skywalk Level.
  1. A non-exclusive easement for access by virtue of all Ground Level exterior sidewalks.
  1. A non-exclusive easement for access through the Building Entrance Atrium Easement Area and the Building Entrance Atrium Roof Easement Area.
  1. An exclusive easement for access through the Residential Condominium Lobby Easement Area located on the Ground Level.
  1. An exclusive easement for access through the Residential Condominium Lobby Easement Area located on the Skywalk Level.
  1. An exclusive easement for access and Facilities over and in the Residential Condominium Elevator Easement Area in the Ground Level and Skywalk Level.
  1. A non-exclusive easement for the easement area designated as Mechanical Equipment Areas 2, 3, 4, 5, 6 and 7.
  1. An exclusive easement for pedestrian and vehicular access over the Garage Entrance Drive Easement Area and over the Garage Drive Ramp Easement Area.
  1. An exclusive easement over that part of Stair No. 1 at Ground Level and below, Stair No. 4, that part of Stair No. 5 at exit to alley elevation and below, that part of Stair No. 7 at Ground Level and below and Stair No. 9 together with an exclusive easement for access for purpose of emergency exit to sidewalk on Walnut Street adjacent to the Building Entrance Atrium Easement Area by virtue of Stairway No. 9.

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