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49 - 7716 Winpark Drive stormwater filtration basin area and easement No delinquent taxes Transfer Entered 111111 111111 1111111111 111111111 Feb 1, 2021 8:00 AM LAND TYPE Abstract (A) DOC NUM 10908554 Hennepin County, Minnesota Certified, filed and/or recorded on Mark Chapin Feb 1, 2021 8:00 AM 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 2162951E Document Recording Fee $46.00 Document Total $46.00 PID(s) 20-118-21-22-0005 This cover sheet is now a permanent part of the recorded document. • AGREEMENT TO MAINTAIN STORMWATER FILTRATION BASIN AREA AND GRANT OF EASEMENT TO CITY OF NEW HOPE THIS AGREEMENT TO MAINTAIN STORMWATER FILTRATION BASIN AREA AND GRANT OF EASEMENT TO CITY OF NEW HOPE("Stormwater Agreement")is made and entered into as of the tali- day of IUovutIbcr,2020, by and between Wholesalers Property Co. LLC, a Delaware limited liability company ("Owner"), and the City of New Hope, a Minnesota municipal corporation ("City"). WITNESSETH: • WHEREAS, Owner owns certain real property located in the City of New Hope, County of Hennepin, State of Minnesota, 7716 Winpark Drive,P.I.N.20-118-21-22-0005,which is Abstract property legally described as follows: That part of Lot 1,Block 2,Winnetka Industrial Park, lying West of a Southerly extension of the West line of the most Northerly portion of said Lot, except the Westerly 305 feet thereof,Hennepin County,Minnesota. ("Property") WHEREAS,Owner shall construct the following stormwater improvements on the Property as shown on the attached Exhibit A: (a) filtration basin with 8"draintile; and (b) a catch basin and 15" storm sewer piping to discharge the filtration basin area. WHEREAS, all stormwater treatment areas on the Property,including the filtration basin • area, catch basin and storm sewer piping shall be collectively referred to herein as the"Storm Basin." WHEREAS,the purpose of this Stormwater Agreement is to ensure Owner's performance of regular maintenance of the Storm Basin. 1 WHEREAS,as part of this Storrnwater Agreement,Owner shall convey to the City an easement over the Property graphically depicted on the attached Exhibit A,for access to maintain the Storm Basin, 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: 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 as graphically depicted on the attached Exhibit A 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 washed rock and fine filter aggregate and 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. 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 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 2 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. 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 A("Easement Area") and 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 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 Basin, in the event Owner fails to abide by the maintenance terms set forth herein. 5. Hold Harmless. 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 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 to comply with any conditions of this Stormwater Agreement, performs said conditions pursuant to its authority in this Stormwater Agreement, Owner shall indemnify and hold harmless the City,its agents, employees and representatives for its own negligent acts in the performance of the Owner's required work under this Stormwater Agreement. 6. Costs of Enforcement. Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Stormwater Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 3 7. Notice. All notices required under this Stormwater Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To Owner: Wholesalers Property Co. LLC Attn: George Tolliver,II 3110 Kettering Blvd. Dayton, OH 45439 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. 8. Successors. All duties and obligations of Owner under this Stormwater Agreement shall also be duties and obligations of Owner's successors and assigns. 9. Effective Date. This Stormwater Agreement shall be binding and effective as of the date hereof. 10. Recording of this Agreement. Once this Stormwater Agreement has been fully executed, it shall be delivered to the City Attorney for recording with the Office of the County Recorder in and for Hennepin County. 11. Counterparts, This Stormwater 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. 4 • Owner Wholesalers Proper Co. LLC a Delaware ' mpany /rA . By: r411111 .../ Its: Its: Chief Manager STATE OF t'o ) )ss. COUNTY OForl ) The foregoing instrument was acknowledged before me this (Pday of Cit Ie( , 2020,by ,e. , 1 the Chief Manager of Wholesalers Property Co. LLC, a Delaware limited Habil ty company, on behalf of said limited liability company. Not ►y 41/ „ € t Gary L.May It,Notary Public 110 . * In and for the State of Ohio 1 M rr = *Commission Expires Mar,4,2023 % ttk < t`t?•I 5 City of New Hope, a Minnesota municipal corporation By: GZia►.� �- Kathi mken Its: Mayor By: Z4`.1 � Kirk McDonald Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /vim day of • N1,6,1:14/ ,2020, 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. • dftrit„, Notary Public Drafted by: %- ;'`' VALERIE J. LEONE !" • Notary Public-Minnesota Commission s Art Si, 5 Jensen Sondra!'Persellin&Woods,P.A. ' Pith2 8525 Edinbrook Crossing, Suite 201 Brooklyn Park,MN 55443 (763)4248811 i •6 EXHIBIT A GRAPHIC DEPICTION OF STORMWATER FILTRATION BASIN AND EASEMENT AREA TO ACCESS THE STORMWATER FILTRATION BASIN See attached. 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