46 - PC 17-09 7201 Bass Lake Road underground stormwater treatment maint agreement Trans'er Entered
Nov 14, 2018 10:24 AM 11111111 1111111 11111111411 1111
Doc No T05574817
Hennepin County, Minnesota
Mark Chapin Certified, filed and/or recorded on
County Auditor and Treasurer Nov 14, 2018 10:24 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 98 Pkg ID 1759597C
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1472369
This cover sheet is now a permanent part of the recorded document.
( M
AGREEMENT AND EASEMENT TO MAINTAIN UNDERGROUND
STORMWATER TREATMENT SYSTEM
THIS AGREEMENT is made and entered into as of the Ziel day of May, 2018, by
and between LAMA Holdings LLC, a Minnesota limited liability company (the "Owner"), and
the City of New Hope, a Minnesota municipal corporation("City").
WITNESSETH:
WHEREAS, Owner is the fee owner of that parcel of real property in the City of New
Hope, County of Hennepin, State of Minnesota commonly known as 7201 Bass Lake Road, New
Hope,MN,PID No. 05-118-21-34-0073 and legally described as follows:
The North 174 feet of Lot 41; and that part of the North 174 feet of Lot 42,lying
West of the East 495 feet thereof,all in the Auditor's Subdivision No. 226,
Hennepin County,Minnesota
(the"Property");
WHEREAS, Owner is constructing two principle buildings for the operation of a gas
station,convenience store and car wash on the Property(the"Project");
WHEREAS,an underground stormwater treatment system comprised of a series of water
storage tanks,various catch basins, storm sewer piping,roof drain connections, and trench drains,
all graphically depicted on the attached Exhibit A(collectively,the"Storm Basins")(the entire
stormwater treatment system shall be collectively referred to herein as the"Stormwater System")
shall be constructed on the Property by Owner;
WHEREAS,the purpose of this Agreement is to ensure Owner's performance of regular
maintenance of the Stormwater System;
WHEREAS, as part of this Agreement, Owner shall convey to the City an easement over
the Property for access to maintain the Stormwater System, in the event Owner fails to perform the
maintenance obligations set forth herein; and
WHEREAS, the City has given approval to Owner to construct the Project along with
the Stormwater System subject to compliance by Owner with certain conditions, including
entering into this Agreement with the City.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth
herein and other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,the parties agree as follows:
1. Construction and Maintenance of the Underground Stormwater Treatment System.
Owner and its successors or assigns as fee owner of the Property shall be responsible for
constructing,maintaining, operating, and repairing all portions of the Stormwater System
as graphically depicted on Exhibit A, attached hereto. This maintenance includes the
following:
a. Remove litter, debris, and accumulated sediment from the Storm Basins, including
inlet, outlet, and/or pretreatment structures.
b. Storm Basins shall not be used to stockpile snow, or for snow catchment areas from
parking lots because of sediment accumulation.
c. Maintain the integrity and viability of the Storm Basins in a way which does not
compromise the effectiveness of the design.
Owner and its successors or assigns as fee owner of the Property shall be solely responsible for
observing all Drainage Laws governing the operation and maintenance of the Stormwater System
contained within the Easement on the Property. Owner, at Owner's sole cost and expense, shall
provide the City with a schedule acceptable to the City for inspection of the Stormwater System
and any outlet control structures. Owner shall make all such scheduled inspections, keep records
of all inspections and maintenance activities, and upon receipt of request from the City from time
to time, submit such records annually to the City. The cost of all inspections and maintenance
within the Easement, shall be the obligation of Owner and its successors or assigns as the fee
owner of the Property. Further, Owner and its successors or assigns, shall meet all of the
requirements of the City's MS4 permit (Part 3.D.5.a.(5).(a)-(c)) relating to the Stormwater
System and comply with all structural stormwater best management practices (BMP's) as
determined by the City, and observe all applicable drainage laws governing the operation and
maintenance of the Stormwater System.
2. Schedule of Maintenance: Owner, at its sole cost and expense, shall inspect and
maintain the Stormwater System, including all inlet, outlet, and/or control structures,
twice a year. Inspections and maintenance shall be completed in the Spring and Fall.
Owner's representative shall make all such scheduled inspections,keep record of all
inspections and maintenance activities, and upon receipt of request from the City from
time to time, shall submit such records to the City. The cost of all inspections and
maintenance shall be the obligation of Owner and its successors or assigns as the fee
owner of the Property.
3. City's Maintenance Rights. The City may maintain the Easement and Stormwater
System contained therein, as provided in this paragraph, if the City reasonably believes
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that Owner or its successors or assigns have failed to maintain the Easement and
Stormwater System in accordance with applicable Drainage Laws and BMP's, and such
failure shall continue for thirty (30) days after the City shall give Owner written notice of
such failure. The City's notice shall specifically state which maintenance tasks are to be
performed. If Owner shall not complete the maintenance tasks within thirty (30) days
after such notice is given by the City, the City shall have the right to enter upon the
Easement to perform such maintenance tasks. In such case, the City shall send an invoice
of its reasonable maintenance costs to Owner or its successors or assigns, who shall pay
said costs within thirty (30) days of receipt of said invoice. Notwithstanding the
foregoing, in the event of an emergency, as determined by the City Engineer, the thirty
(30)-day notice requirement to Owner for failure to perform maintenance tasks shall be
and hereby is waived in its entirety by Owner, and Owner shall reimburse the City for
any expense so incurred by the City in the same manner as if written notice as described
above has been given. Periodic City inspections may be conducted by a City
representative. Owner agrees the City may levy and collect its maintenance costs as a
special assessment against the Property's real estate taxes in the event the City fails to
receive payment of the maintenance costs in accordance with this paragraph. Owner
further agrees the maintenance costs incurred by the City per this paragraph resulting
from the City's elimination of a public health or safety hazard from private property per
Minn. Stat. §429.101.
4. Grant of Easement to City. Owner does hereby grant,bargain and convey unto the
City,its successors and assigns, forever, a permanent easement including full and free
right and authority to enter upon the Property to reasonably access the Stormwater
System and to maintain the Stormwater System constructed thereon("Easement"), in the
event Owner fails to do so. The Easement shall continue forever as a permanent
easement over,under and across the Property and the City shall have the right to make
such use as is reasonably necessary and advisable in the maintenance of the Stormwater
System,in the event Owner fails to abide by the maintenance terms set forth herein.
Notwithstanding the foregoing,the Easement shall automatically terminate if the
Stormwater System is removed from the Property.
5. Hold Harmless. Owner agrees to indemnify and hold harmless the City and its agents
and employees against any and all claims, demands, losses, damages, and expenses
(including reasonable attorney's fees) arising out of or resulting from Owner or its
agent's, employee's, and/or representative's negligent or intentional acts, or any
violation of any safety law, regulation or code in the performance of this Agreement,
without regard to any inspection or review made or not made by the City, its agents,
employees or representatives or failure by the City, its agents, employees and
representatives to take any other prudent precautions. In the event the City, upon the
failure of Owner to comply with any conditions of this Agreement, performs said
conditions pursuant to its authority in this Agreement, Owner shall indemnify and hold
harmless the City, its agents, employees and representatives for its own negligent acts in
the performance of Owner's required work under this Agreement.
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6. Costs of Enforcement. In the event Owner and/or City resorts to litigation to enforce the
terms of this Agreement, the non-prevailing party(ies) shall reimburse the prevailing
party(ies) for all reasonable litigation costs, including attorney's fees incurred by the
prevailing party(ies)in such litigation.
7. Notice. All notices required under this Agreement shall either be personally delivered or
be sent by certified or registered mail and addressed as follows:
Owner
LAMA Holdings LLC
7201 Bass Lake Road
New Hope,MN 55428
City
Kirk McDonald, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
kmcdonaldAci.new-hope.mn.us
All notices given hereunder shall be deemed given upon delivery when personally delivered, sent
via U.S. mail, certified mail, return receipt requested, postage prepaid, or sent via nationally
recognized overnight courier service, and properly addressed as provided herein.
8. Successors. All duties and obligations of Owner under this Agreement shall
also be duties and obligations of Owner's successors and assigns.
9. Effective Date. This Agreement shall be binding and effective as of the date
hereof.
10. Recording of this Agreement. Once this Agreement has been fully executed,
it shall be delivered to the City Attorney for recording with the office of the
Hennepin County Registrar of Titles.
11. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF,we have hereunto set our hands and seals.
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SIGNATURE AND NOTARY PAGES FOR AGREEMENT AND
EASEMENT TO MAINTAIN UNDERGROUND
STORMWATER TREATMENT SYSTEM
City of New Ho t� iY•
B ad�u syn/h
Kathi mken
Its: Mayor \\By: A---- NiTh
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me thiscA5- day of May, 2018, by
Kathi Hemken, and Kirk McDonald,the Mayor and City Manager,respectively, of the City of New
Hope,a Minnesota municipal corporation, on behalf of sa. municipal corporation.
Notary Public
,e: < VALERIE J LEONE
1 1'°^4:;) Notary Public-Minnesota
''f`r" Commission Expires Jan 31,2020
pro My
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Owner
LAMA Holdings LLC
By: Chi's-foph6,i Ao66,/4 3
6„--z �
Its: Pcc 54e4-f
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing/n�i trument was acknowledged before me this e C 1"day of May, 2018, by
e J1 5`� �ti s b IN; the I/ i as- of LAMA Holdings LLC, a Minnesota
limited liability company, on behalf of said limited liability company.
Notary Public .
DRAFTED BY: DONALD K.KLEINSCHMIDT
NOTt Y Pl:13I IC ►
: 0,11;000 IA 0
JENSEN SONDRALL PERSELLIN&WOODS,P.A. � •4 My Commission Expires Jan 31,2020: 1
8525 Edinbrook Crossing,#201
Brooklyn Park,MN 55443
(763)424-8811
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Exhibit A
Underground Stormwater Treatment System
See attached.
P:\Attorney\SAS\l Client Files\2 City of New Hope\99-21709 7201 Bass Lake Road Gas Station Car Wash CUP for PUD\Agreement and
Easement to Maintain Underground Stormwater System.docx
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