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50 - PC 21-04 4741 Zealand Ave N stormwater catchbasin areas and easement Transfer Entered Jun 10, 2021 8:00 AM LAND TYPE Torrens (T) Hennepin County, Minnesota Mark Chapin DOC NUM 5844970 County Auditor and Treasurer Certified, filed and/or recorded on Jun 10, 2021 8:00 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 2256017E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1521420 This cover sheet is now a permanent part of the recorded document. AGREEMENT TO MAINTAIN STORMWATER CATCH BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE THIS AGREEMENT AND EASEMENT ("Agreement") is made and entered into as of the a.^d day of 3011/4.P.— . 2021, by and between CSDC Facilities Corporation, District of Columbia non-profit corporation("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 at 4741 Zealand Avenue North,New Hope,MN, PID No. 07-118-21-42-0030 and legally described on the attached Exhibit A("Property"). WHEREAS, on April 26, 2021. by Resolution No. 2021-58, the City Council approved Owner's request for conditional use permit for the use of the Property as "Escuela Exitos", a kindergarten through eighth grade, two-way dual language Spanish/English immersion charter school ("Project") as set forth in New Hope Planning Case 21-04 (hereinafter"Plans"); WHEREAS,a sump structure with skimmer, catch basins,valley gutter,and storm sewer pipe to provide rate control and water quality(collectively referred to as the"Storm Basin")shall be constructed by Owner on the Property as graphically depicted on the Plans attached as Exhibit B; 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. 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 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 in a way which does not compromise the effectiveness of the design. d. 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 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 2 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 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: CSDC Facilities Corporation 7880 Milestone Parkway, Suite 425 Hanover, MD 21076 3 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 4 SIGNATURE PAGES FOR AGREEMENT TO MAINTAIN STORMWATER CATCH BASIN AREA AND GRANT OF EASEMENT TO CITY OF NEW HOPE Owner CSDC Facilities Corporation, a District of Columbia non-profit corporation By: 0411. Its: Ck l �}�?er 1�- C-c STATE OF MARYLAND ) )ss. COUNTY OF [knr►„;, Irvridtb The foregoing instrument was acknowledged before me this a." day of Joni- , 2021, by M:c1,ILL Prospti; ,the cap of CSDC Facilities Corporation,a District of Columbia non-profit corporation, on behalf of said non-profit corporation. {—re53.-irEC-47 Notary Public — Summer M Boutsells NOTARY PUBLIC Anne Arundel County MARYLAND MY COMMISSION WIRES June 02,2025 5 City of New Hope, a Minnesota municipal corporation By: e /�}� Kathi emken Its: Mayor By: Kirk McDonald Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 9 day of ( � , 2021,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: •` 41111L ,_ VALERIE J. LEONE Notary Public-Minnesota lily Jensen Sondrall Persellin & Woods,P.A, dw „ew. a1.taffi 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 6 EXHIBIT A Legal Description The South 332.43 feet of the West 1/2 of the Northwest Quarter of the Southeast Quarter of Section 7, Township 118,Range 21, except the East 360 feet of the South 180 feet thereof. Torrens Property—Certificate of Title No. 1010648 7 EXHIBIT B GRAPHIC DEPICTION OF STORMWATER CATCH BASIN See attached. P:1Attorney\SAS1!Client Files12 City of New Hope199-22104 4741 Zealand Ave N CUP\Stormwater Maintenance and Easement Agreement.docx 8 ameesne set same merm-as m nn., WIT.....:771711-5-1MV—..1. ,.....,=. 'OM'331.VIDOSSV V)6. rP Tv ii..,:: JO ALSO SOI1X3 vonos3 1 rz, 1130H311 ...,....40.4.4•4.1 1:1711......r Ma .cia, 4=.1.LITrirar5.74kli.....i ''''' n: .417".. palms Nrcl Nounoraa MIS U - GNY1V3Z Tr, I , .. 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