48 - PC 18-25 5130 Winnetka Ave N stormwater catch basin maint agr and easement No delinquent taxes 1111111111111111111111111111111111
Transfer Entered
Aug 23, 2019 10:43 AM Doc No A10692986
Certified, filed and/or recorded on
Hennepin County, Minnesota Aug 23, 2019 10:43 AM
Mark Chapin
County Auditor and Treasurer Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1863930C
Document Recording Fee $46.00
Document Total $46.00
PID(s)
08-118-21-22-0002
This cover sheet is now a permanent part of the recorded document.
AGREEMENT TO MAINTAIN STORMWATER CATCH BASIN AREA AND GRANT
OF EASEMENT TO CITY OF NEW HOPE
THISSGREEMEIiT 4ND EASEMENT("Agreement") is made and entered into as
of the 15 day of -\J l l,� , 2019,by and between Arvig Enterprises,Inc.,a
Minnesota corporation("Owner"),'a'nd the City of New Hope,a Minnesota municipal corporation
("City").
WITNESSETH:
WHEREAS, Owner owns certain real property located in the City of New Hope at 5130
Winnetka Avenue North, New Hope, MN, PID No. 08-118-21-22-0002 and legally described on
the attached Exhibit A("Property").
WHEREAS, on September 24, 2018, by Resolution No. 2018-110, the City Council
approved Owner's request for conditional use permit for additional outdoor open storage on the
Property("Project")as set forth in New Hope Planning Case 18-25 (hereinafter"Plans");
WHEREAS, a wet detention/catch basin which will provide rate control and water quality
in the form of a pond and related sump structures(collectively referred to as the"Storm Basin")
shall be constructed by Owner on the Property as graphically depicted on the attached Exhibit B;
WHEREAS,as a part of the Plans, Owner submitted and the City approved the document
entitled Arvig-New Hope Facility—Stormwater Management Narrative which is incorporated
herein;
WHEREAS, the purpose of this Agreement is to ensure Owner's performance of regular
maintenance of the Storm Basin;
WHEREAS,as part of this Agreement,Owner shall convey to the City an easement over
the Property for access to maintain the Storm Basin on the Property in the event Owner fails to
properly perform the maintenance obligations set forth herein.
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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 Storm Basin. Owner and its successor or
assigns as fee owner of the Property shall be responsible for constructing,
maintaining, operating, and repairing all portions of the Storm Basin described in the
Plans and as graphically depicted on the attached Exhibit B as outlined below:
a. Remove litter, debris, and accumulated sediment from the Storm Basin,
including inlet, outlet, and/or pretreatment structures.
b. Storm Basin 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 Basin,including all native
perennial vegetation, in a way which does not compromise the effectiveness
of the design. All established vegetation should be checked for survival and
replaced as quickly as possible with similar plant species.
d. Control weeds and noxious species. This can be done with spot spraying,
weeding, or selective cutting.
e. Water all plants to maintain an adequate supply of moisture in the root zone.
An adequate supply of moisture shall be considered 1 inch of absorbed water
per week either through natural rainfall or augmented by periodic watering.
Apply water at a moderate rate so as not to displace the mulch or flood the
plants.
f. Further, Owner and its successors or assigns, shall meet all of the
requirements of the City's MS4 permit relating to the Storm Basin 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 Storm Basin.
2. Schedule of Maintenance: Owner, at Owner's sole cost and expense, shall inspect
and maintain the Storm Basin, 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 submit such records to the City within
two (2)weeks of each such inspection. 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. Owner acknowledges and agrees the City may
maintain the Storm Basin, as provided in this paragraph,if the City reasonably
believes that Owner or its successors or assigns have failed to maintain the Storm
Basin in accordance with this Agreement or applicable Drainage Laws and/or 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
2
tasks within thirty (30)days after such notice is given by the City,the City shall have
the right to enter upon Property to perform such maintenance tasks or may remove the
Storm Basin in its entirety. In such case, the City shall send an invoice of its
reasonable maintenance or removal 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 had been given. Periodic City inspections may be conducted by a
City representative at no cost to Owner. 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 result 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.
a. 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 Storm Basin
graphically depicted on the attached Exhibit B to maintain the Storm Basin
constructed thereon, in the event Owner fails to do so("Easement"). 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 Storm Basin, in
the event Owner fails to abide by the maintenance terms set forth herein.
b. As a precondition of the City's right to enter the Property to perform work
pursuant to the City's authority under this Agreement,the City shall maintain
a policy of comprehensive general liability insurance, with commercially
reasonable minimums for liability and property damage, which insurance
provides coverage for any liability incurred by the City or its employees,
agents,contractors,representatives, guests, or invitees while upon the
Property.
5. Hold Harmless and Indemnification. Owner agrees to indemnify and hold
harmless the City and their 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's or Owner's agents or employee'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 or employees or failure by the City, its agents or
employees 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
3
hold harmless the City, its employees, agents and representative for its own negligent
acts in the performance of the Owner's required work under this Agreement.
6. Costs of Enforcement. Owner agrees to reimburse the City for all costs incurred by
the City in the enforcement of this Agreement,or any portion thereof,including court
costs and reasonable attorneys' fees.
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:
To Owner: Arvig Enterprises,Inc.
150 rd Street SW
Perham,MN 56573
To City: Kirk McDonald, City Manager
City of New Hope
4401 Xylon Avenue North
New Hope,MN 55428
All notices given hereunder shall be deemed given when personally delivered or two
(2)business days after being placed in the mail 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 Hennepin County Recorder's
Office.
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.
SIGNATURE PAGES FOLLOW
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•
SIGNATURE PAGES FOR AGREEMENT TO MAINTAIN STORMWATER CATCH BASIN
AREA AND GRANT OF EASEMENT TO CITY OF NEW HOPE
Owner
Arvig Enterprises,Inc.,
a Minnesota corporation
By:
Staci Malikowski
Its: Chief Financial Officer
STATE OF MINNESOTA )
)ss.COUNTY OF&lenl I )
The foregoing instrument was acknowledged before me this day of July, 2019,
by Staci Malikowski, the Chief Financial Officer of Arvig Enterprises, Inc.,a Minnesota
corporation, on behalf of said corporation.
No . •'ublic t v'
JOSIE M.WINKELS
J NOTARY PUBLIC-MINNESOTA
,,✓ My Comm.Exp.Jan.31,2020 ,
5
City of New Hope,
a Minnesota municipal corporation
By:
Kathi Hee► el'
Its: Mayor
^\\\
By: YINC2[C-3
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this a9 day of July,
2019,by Kathi Hemken and Kirk McDonald,the Mayor and City Manager of the City of New
Hope, a Minnesota municipal corporation,respectively,on behalf of said municipal corporation.
Notary Public
Drafted by: VALNotary public-Minnesota
ERIE J LEONE
Jensen Sondrall Persellin& Woods,P.A. _,: My Commission Empires Jan 31,2020
8525 Edinbrook Crossing, Suite 201
Brooklyn Park,MN 55443
(763)424-8811
6
EXHIBIT A
Legal Description
That part of the Northwest Quarter of the Northwest Quarter of Section 8,
Township 118 North, Range 21 West of the 5th principal meridian, lying
Southwesterly of the Southwesterly right-of-way line of the Minneapolis, St. Paul
and Sault Sainte Marie Railroad, according to the United States government
survey thereof, Hennepin County,Minnesota.
7
•
EXHIBIT A
GRAPHIC DEPICTION OF STORMWATER CATCH BASIN
See attached.
P:\Attomey\SAS\I Client Files\2 City of New Hope\99-21610 Avtec Finishing Systems,Inc.Site PlanlStonnwater Maintenance and Easement
Agreement.docx
8
//
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Legal description
Lot 1 , Block 1 , Wayzata Blu
Memorials
X050105
X054108
V12801690 (same as A6721202)
I T3468696 (same as A7599547)
T3666747 (same as A7925215)
A8393877
T3988839 (same as A8393878)
A8526122
T5487726 (same as A10491493)
T5487734 (same as A10491361)
T5487726 (same as A10491493)
T5523281 (same as A10543991 )
T5539172
T5539173
T5539174 (same as A10564417)
T5539175
T5539176
T5543809 (as to part of Lot 1 )
T5544867 (as to part of Lot 1 )