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
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Transfer Entered
Feb 15, 2023 8:00 AM
LAND TYPE Torrens (T)
Hennepin County, Minnesota
Daniel Rogan DOC NUM 5999479
County Auditor and Treasurer Certified, filed and/or recorded on
Feb 15, 2023 8:00 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2538124E
Document Recording Fee $46.00
Document Total $46.00
PID(s)
06-118-21-33-0010
Existing Certs
1538064
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
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