40 - PC 15-01 9000 Science Ctr Dr stormwater agrmt •
111111 111 111 11
Doc No T05665112
Certified, filed and/or recorded on
Nov 25, 2019 3:11 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 21 Pkg ID 1910977C
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1403425
This cover sheet is now a permanent part of the recorded document.
1011111111111111111111111111
Doc No A10728515
Certified, filed and/or recorded on
Nov 25, 2019 3:11 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 21 Pkg ID 1910977C
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
•
•
AMENDED AND RESTATED AGREEMENT TO MAINTAIN STORMWATER
INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW
HOPE
THIS AMENDED AND RESTATED AGREEMENT TO MAINTAIN
STORMWATER INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO
CITY 9y NEW HOPE ("Amended Stormwater Agreement")is made and entered into as of
the day of November, 2019,by and between Lioness Properties, LLC a Minnesota
limited liability company("Owner"), and the City of New Hope,a Minnesota municipal
corporation("City") and consented to by Scrap Metal Processors,Inc.,a Minnesota corporation
("Tenant").
WITNESSETH:
WHEREAS,Owner owns certain real property located in the City of New Hope,County
of Hennepin, State of Minnesota,9000 Science Center Drive,P.I.N. 06-118-21-34-0011,which
is Abstract and Torrens property legally described as:
That part of Lot 4,Block 3, Science Industry Center 1yin ,within the Northwest 1 of
Section 7, Township 118 North,Range 21, West of the 5t Principal Meridian; and
That part of Lot 4,Block 3, Science Industry Center lying East of the East line of the
West 528 feet of the Southeast Y4 of the Southwest V4 of Section 6, Township 118 North,
Range 21, West of the 5th Principal Meridian,and lying South of a line drawn parallel
with and at right angles distant 504 feet North of the South line of Block 2, Science
Industry Center,extended West;
Together with all that part of International Parkway and Science Center Drive as platted
in Science Industry Center,lying adjacent and adjoining Lot 4,Block 3, of said Addition
and lying North and West of the following described line: a line drawn 80 feet North of
and parallel to the North line of Lot 2,Block 1, of said Addition and a line drawn 80 feet
West of and parallel to the Westerly line of Lot 1,Block 2 of said Addition. Hennepin
County,Minnesota. (Abstract property)
1
All that part of Lot 4,Block 3, Science Industry Center,lying South of a line parallel
with and at right angles a distance of 504 feet North from the South line of Block 2,
extended West, and North of the South line of Section 6,Township 118,Range 21, and
West of the East line of the West 528 feet of the Southeast Quarter of the Southwest
Quarter of said Section 6,Township 118,Range 21. Hennepin County,Minnesota.
(Torrens property)
("Property")
WHEREAS, an existing stormwater collection treatment area,also referred to as a pond,
was previously constructed by Owner on the Property.
WHEREAS,the Agreement to Maintain Stormwater Filtration Basin Areas and Grant of
Easement to City of New Hope was previously recorded on the Property on January 5,2016 as
Document Number T05317584 with the Office of the Hennepin County Registrar of Titles,and as
Document Number A10273694 with the Hennepin County Recorder's Office("Original
Stormwater Agreement").
WHEREAS,certain additional stormwater infiltration basin areas,catch basins and drain
tile(collectively referred to as"Storm Basins")shall be constructed by Owner on the Property.
WHEREAS,all stormwater treatment areas on the Property,including the existing
stormwater collection treatment area(a/k/a pond),stormwater infiltration basin areas, catch basins
and drain tile shall be collectively referred to herein as the"Storm Basins."
WHEREAS,the Original Stormwater Agreement shall be fully amended and restated by
this Amended Stormwater Agreement.
WHEREAS, Shingle Creek Watershed District has reviewed and approved Owner's plans
for handling of stormwater runoff on the Property.
WHEREAS,Tenant is currently leasing space and operating its business as a tenant of the
Property.
WHEREAS,the purpose of this Amended Stormwater Agreement is to ensure Owner's
and/or Tenant's performance of regular maintenance of the Storm Basins.
WHEREAS,as part of this Amended Stormwater Agreement,Owner shall convey to the
City an easement over the Property graphically depicted on the attached Exhibit B,for access to
maintain the Storm Basins,in the event Owner fails to perform the maintenance obligations set forth
herein.
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:
2
1. Construction and Maintenance of the Storm Basins. 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 Basins as graphically
depicted on the attached Exhibit A as outlined below:
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,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 Basins 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 Basins.
2. Schedule of Maintenance: Owner,at Owner's sole cost and expense, shall inspect
and maintain the Storm Basins, 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 Basins,as provided in this paragraph,if the City reasonably
believes that Owner or its successors or assigns have failed to maintain the Storm
Basins in accordance with this Amended Stormwater 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 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 Basins in its entirety. In such case,the
City shall send an invoice of its reasonable maintenance or removal costs to Owner or
3
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. 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 a portion of the Property within the easement area
graphically depicted on the attached Exhibit B ("Easement Area")and to maintain
the Storm Basins 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 Easement Area and the City shall have the right to make such use as is reasonably
necessary and advisable in the maintenance of the Storm Basins,in the event Owner
fails to abide by the maintenance terms set forth herein.
5. Hold Harmless. Owner and Tenant agree 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,Tenant's or Owner's or Tenant's agents or employee's negligent or
intentional acts, or any violation of any safety law,regulation or code in the
performance of this Amended Stormwater 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 or Tenant to comply with any conditions of
this Amended Stormwater Agreement,performs said conditions pursuant to its
authority in this Amended Stormwater Agreement, Owner and Tenant shall
indemnify and hold harmless the City,its agents, employees and representatives for
its own negligent acts in the performance of the Owner's or Tenant's required work
under this Amended Stormwater Agreement,but this indemnification shall not extend
to intentional or grossly negligent acts.
6. Costs of Enforcement. Owner and Tenant agree to reimburse the City for all costs
incurred by the City in the enforcement of this Amended Stormwater Agreement,or
any portion thereof,including court costs and reasonable attorneys' fees.
4
7. Tenant's Consent and Guaranty. For valuable consideration,Tenant consents to
the terms and conditions contained herein and agrees to abide by the terms and
conditions and guaranty the performance of such terms and conditions by Owner.
8. Notice. All notices required under this Amended Stormwater Agreement shall either
be personally delivered or be sent by certified or registered mail and addressed as
follows:
To Owner: Lioness Properties,LLC
Attn: Michael Minter
4870 East River Road
Fridley,MN 55421
To Tenant: Scrap Metal Processors,Inc.
Attn: Michael Minter
4870 East River Road
Fridley, MN 55421
To City: 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.
9. Successors. All duties and obligations of Owner under this Amended Stormwater
Agreement shall also be duties and obligations of Owner's successors and assigns.
10. Effective Date. This Amended Stormwater Agreement shall be binding and effective
as of the date hereof.
11. Recording of this Agreement. Once this Amended Stormwater Agreement has been
fully executed,it shall be delivered to the City Attorney for recording with the
Hennepin County Recorder's Office and Office of Registrar of Titles in and for
Hennepin County.
12. Counterparts. This Amended Stormwater Agreement maybe 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.
5
Owner
Lioness Properties,LLC,
a Minnesota limited liability mpany
By:,
ichael M. of"r
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this tj day of November,
2019,by Michael Minter,the Chief Manager of Lioness Properties, LLC, a Minnesota limited
liability company, on behalf of said limited liability company. / ,
Notary Public A
ado
`��``` SUNEETA PERVAIZ
`- NOTARY PUBLIC-MINNESOTA
c'1' MY COMMISSION EXPIRES 01/31/2024 Tenant
Scrap Metal Processors,Inc
a Min •sota or or t' n
By:
ichael Mi ter
Its: Chief Executive Officer
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
iiti
The foregoing instrument was acknowledged before me this 2 day of
November , 2019, by Michael Minter,the Chief Executive Officer of Scrap Metal
Processors, Inc., a Minnesota corporation, on behalf of said corporation.
` n`' SUNEETA PERVAIZ0 •
•
' �NOTARY PUBLIC-MINNESOTA
Notary Public
tin . ,�
-
' „1I1 ` MY COMMISSION EXPIRES 01/31/2024
6
City of New Hope,
a Minnesota municipal corporation
By:
/�
Kathi en
Its: Mayor
By: \ �
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /, day of
November,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.
Lzy
Notary Public
Drafted by:
1Y1.4 VALERIE J LEONE
Jensen Sondrall Persellin &Woods,P.A. T:; tib Notary Public-Minnesota
My Commission Expires Jan 31,2020
8525 Edinbrook Crossing, Suite 201
Brooklyn Park,MN 55443
(763)424-8811
7
EXHIBIT A
GRAPHIC DEPICTION OF STORMWATER INFILTRATION BASINS
See attached.
8
EXHIBIT B
GRAPHIC DEPICTION OF EASEMENT AREA TO ACCESS THE
STORMWATER INFILTRATION BASINS
See attached.
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-21501-Scrap Metal Processors Inc.-9000 Science Center Drive CUP\Stormwater
Maintenance Agreement and Easement-10-4-19.docx
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