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.
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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
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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
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EXHIBIT A
GRAPHIC DEPICTION OF STORMWATER FILTRATION BASIN
AND EASEMENT AREA TO ACCESS THE STORMWATER FILTRATION BASIN
See attached.
P:\Attorney\SAS11 Client Fileal2 City of New Hope199-11440 7716 Winpark Drive-Stormwater Agreement\Stormwater Maintenance and
Easement Agreement.docs
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