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51 - 9210 Science Ctr Dr. stormwater infiltration basin and easement Transfer Entered Feb 15, 2023 8:00 AM MIR 1 1 1 1 H Ill I 11 I ill Mil LAND TYPE Abstract (A) Hennepin County, Minnesota Daniel Rogan DOC NUM 11181996 County Auditor and Treasurer Certified, filed and/or recorded on Feb 15, 2023 8:00 AM Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2538123E Document Recording Fee $46.00 Document Total $46.00 PID(s) 06-118-21-33-0010 This cover sheet is now a permanent part of the recorded document. AGREEMENT TO MAINTAIN STORMWATER INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE THIS AGREEMENT TO MAINTAIN STORMWATER INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE ("Stormwater Agreement") is made and entered into as of the _ i day of C1;;,4r t Jr_►� _ , 2022, by and between Soussi Leasing LIMITED LIABILITY COMPANY,a Minnesota limited liability company ("Owner"), and the City of New Hope, a Minnesota municipal corporation ("City") and consented to by PILLET ONE MN 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, 9210 Science Center Drive" P.I.N. 06-118-21-33-0010. which is Abstract and Torrens property legally described as: Lot 5, Block 3, Science Industry Center, Hennepin County, Minnesota. A portion of which is registered property described as follows: That part of Lot 5, Block 3, Science Industry Center, lying North of the South linc of Section 6, Township 118, Range 21, Hennepin County,Minnesota. ("Property") WHEREAS, certain stormwater infiltration basin areas,catch basins and drain tile shall he constructed by Owner on the Property. WHEREAS,all stormwater treatment areas on the Property, including the pond which serves as the existing stormwater collection treatment area, stormwater infiltration basin areas.catch basins and drain tile shall be collectively referred to herein as the"Storm Basins." WHEREAS. Shingle Creek Watershed District has reviewed and approved Owner's plans for handling of stormwater runoff on the Property. 1 WHEREAS, Tenant is currently leasing space and operating its business as a tenant of the Property. WHEREAS, the purpose of this Stormwater Agreement is to ensure Owner's and/or Tenant's performance of regular maintenance of the Storm Basins. WHEREAS,as part of this Stonnwater Agreement,Owner shall convey to the City an easement over the Property which will provide the necessary access to maintain the Storm Basins. in the event Owner tails 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: I, 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. 1. 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 2 shall he 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 Stormwater Agreement or applicable Drainage Lays 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 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 it-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. Sial. §429.101. 4. Grant or 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 the Property as necessary to access the Storm Basins and to maintain the Storm Basins constructed thereon("Easement Area"), 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 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. 3 upon the failure of Owner or Tenant to comply with any conditions of this Stormwater Agreement. performs said conditions pursuant to its authority in this Storrnwater 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 Stormwaler 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 Stormwater Agreement, or any portion thereoff, including court costs and reasonable attorneys' fees. 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 Stormwater Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: "1'o Owner: Soussi Leasing LIMI FED LIABILITY COMPANY 1900 Coon Rapids Blvd. Unit 1 Coon Rapids, MN 55433 To Tenant: PALLET ONE MN 1NC. 1730 New Brighton Blvd, Suite 264 Minneapolis, MN 55413 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 Stormwaler Agreement shall also be duties and obligations of Owner's successors and assigns. 10. Effective Date. This Stormwater Agreement shall be binding and effective as of the date hereof. 1 1. Recording of this Agreement. Once this Stormwater Agreement has been fully executed, it shall be delivered to the City Attorney for recording with the Hennepin 4 County Recorder's Office and Office of Registrar of Titles in and for Hennepin County. 12. 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. 5 Owner Soussi Lea•'ng LIN . F i LIABILITY COMPANY a Minneso a Iimite i I' illy company. �i By: Its: Iief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) "I hi: f;>'regoiut2 instrument was acknowledged before me this_,J.7 day of_J.A[,..0a,v1 2022, l } e , ,�;SSt. the Chief Manager of Soussi Leasing LIMITI.D LIABILITY COMPANY. a Minnesota limited liability coni ty. on behalf of said limited liability company• - �y' ____. APRIL Er NELSON Notaiv Public N 01 Lt Pu y,,✓ j State of Minnesota , 77, My Commission Expires January 31,2028 Tenant PALLET O a MN I>'` ., a Minnesota. orpora : n Bv:' .1 ._._._— V !. 1er Its: President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The Ioregoing iitstr<nl alt way .t• noti�lcdt_td before me this ��7 day of � .htttl . 2022, by .fp t c)(the President of PALLET ONE MN INC.. a Minnesota corporation, on behalf of said corporation. z APRIL E NELSON ''f Notary Puhlic I N�tztt • Public �1�_r State of Minnesota ..T..,a My Commission Expires January 31,2028 6 City of New Hope, a Minnesota municipal corporation B Vt.) i Kathi emken Its: Manor By: IN' An-4 -- Tim Hoyt Its: Acting City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) I-he li+rcuoiiw instrument was acknowledged before me this . 7 day or o22. ley Kathy Hemken and Tim Hoyt.the Mayor and Acting City Manager of the City of NOV I lope. a Minnesota municipal corporation. respectively. on behalf of said municipal corporation. . ,04.3.664.4 LEONE VALERIE J. l� 1 Public-MinnesotaNotary My Corralmlon evIrm Jon 31,2025 Notary Public Drafted by: Jensen Sondrall Persellin &Woods,P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 7 EXHIBIT A GRAPHIC DEPICTION OF STORMWATER INFILTRATION BASINS See attached. P:\Attorney\SASM]Client Files12 City ol'New Hope\99-22201 Pallet One MN.Inc CUP\Storrnwater Maintenance Agreement and I:asemeiri.doex 0 ...../LI.1.6.3fia.M.IDIV.IMMIel -ttilt.614.0.11.5ataikgvent.rt..1 •1 IX Z 2.: 1 q 1 . 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AGREEMENT TO MAINTAIN STORMWATER INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE THIS AGREEMENT TO MAINTAIN STORMWATER INFILTRATION BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE ("Stormwater Agreement") is made and entered into as of the _ i day of C1;;,4r t Jr_►� _ , 2022, by and between Soussi Leasing LIMITED LIABILITY COMPANY,a Minnesota limited liability company ("Owner"), and the City of New Hope, a Minnesota municipal corporation ("City") and consented to by PILLET ONE MN 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, 9210 Science Center Drive" P.I.N. 06-118-21-33-0010. which is Abstract and Torrens property legally described as: Lot 5, Block 3, Science Industry Center, Hennepin County, Minnesota. A portion of which is registered property described as follows: That part of Lot 5, Block 3, Science Industry Center, lying North of the South linc of Section 6, Township 118, Range 21, Hennepin County,Minnesota. ("Property") WHEREAS, certain stormwater infiltration basin areas,catch basins and drain tile shall he constructed by Owner on the Property. WHEREAS,all stormwater treatment areas on the Property, including the pond which serves as the existing stormwater collection treatment area, stormwater infiltration basin areas.catch basins and drain tile shall be collectively referred to herein as the"Storm Basins." WHEREAS. Shingle Creek Watershed District has reviewed and approved Owner's plans for handling of stormwater runoff on the Property. 1 WHEREAS, Tenant is currently leasing space and operating its business as a tenant of the Property. WHEREAS, the purpose of this Stormwater Agreement is to ensure Owner's and/or Tenant's performance of regular maintenance of the Storm Basins. WHEREAS,as part of this Stonnwater Agreement,Owner shall convey to the City an easement over the Property which will provide the necessary access to maintain the Storm Basins. in the event Owner tails 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: I, 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. 1. 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 2 shall he 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 Stormwater Agreement or applicable Drainage Lays 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 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 it-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. Sial. §429.101. 4. Grant or 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 the Property as necessary to access the Storm Basins and to maintain the Storm Basins constructed thereon("Easement Area"), 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 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. 3 upon the failure of Owner or Tenant to comply with any conditions of this Stormwater Agreement. performs said conditions pursuant to its authority in this Storrnwater 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 Stormwaler 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 Stormwater Agreement, or any portion thereoff, including court costs and reasonable attorneys' fees. 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 Stormwater Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: "1'o Owner: Soussi Leasing LIMI FED LIABILITY COMPANY 1900 Coon Rapids Blvd. Unit 1 Coon Rapids, MN 55433 To Tenant: PALLET ONE MN 1NC. 1730 New Brighton Blvd, Suite 264 Minneapolis, MN 55413 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 Stormwaler Agreement shall also be duties and obligations of Owner's successors and assigns. 10. Effective Date. This Stormwater Agreement shall be binding and effective as of the date hereof. 1 1. Recording of this Agreement. Once this Stormwater Agreement has been fully executed, it shall be delivered to the City Attorney for recording with the Hennepin 4 County Recorder's Office and Office of Registrar of Titles in and for Hennepin County. 12. 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. 5 Owner Soussi Lea•'ng LIN . F i LIABILITY COMPANY a Minneso a Iimite i I' illy company. �i By: Its: Iief Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) "I hi: f;>'regoiut2 instrument was acknowledged before me this_,J.7 day of_J.A[,..0a,v1 2022, l } e , ,�;SSt. the Chief Manager of Soussi Leasing LIMITI.D LIABILITY COMPANY. a Minnesota limited liability coni ty. on behalf of said limited liability company• - �y' ____. APRIL Er NELSON Notaiv Public N 01 Lt Pu y,,✓ j State of Minnesota , 77, My Commission Expires January 31,2028 Tenant PALLET O a MN I>'` ., a Minnesota. orpora : n Bv:' .1 ._._._— V !. 1er Its: President STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The Ioregoing iitstr<nl alt way .t• noti�lcdt_td before me this ��7 day of � .htttl . 2022, by .fp t c)(the President of PALLET ONE MN INC.. a Minnesota corporation, on behalf of said corporation. z APRIL E NELSON ''f Notary Puhlic I N�tztt • Public �1�_r State of Minnesota ..T..,a My Commission Expires January 31,2028 6 City of New Hope, a Minnesota municipal corporation B Vt.) i Kathi emken Its: Manor By: IN' An-4 -- Tim Hoyt Its: Acting City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) I-he li+rcuoiiw instrument was acknowledged before me this . 7 day or o22. ley Kathy Hemken and Tim Hoyt.the Mayor and Acting City Manager of the City of NOV I lope. a Minnesota municipal corporation. respectively. on behalf of said municipal corporation. . ,04.3.664.4 LEONE VALERIE J. l� 1 Public-MinnesotaNotary My Corralmlon evIrm Jon 31,2025 Notary Public Drafted by: Jensen Sondrall Persellin &Woods,P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763)424-8811 7 EXHIBIT A GRAPHIC DEPICTION OF STORMWATER INFILTRATION BASINS See attached. P:\Attorney\SASM]Client Files12 City ol'New Hope\99-22201 Pallet One MN.Inc CUP\Storrnwater Maintenance Agreement and I:asemeiri.doex 0 ...../LI.1.6.3fia.M.IDIV.IMMIel -ttilt.614.0.11.5ataikgvent.rt..1 •1 IX Z 2.: 1 q 1 . 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