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53 - 9210 52nd Ave N stormwater infiltration basin maint agrmt and easementNo delinquent taxes Transfer Entered Mil II 11111 1111 I Ill 111 11 I Mil Dec 18, 2023 8:00 AM LAND TYPE Torrens (T) DOC NUM 6051659 Hennepin County, Minnesota Certified, filed and/or recorded on Daniel Rogan Dec 18, 2023 8:00 AM County Auditor and Treasurer Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2630538E Document Recording Fee 46.00 Document Total 46.00 PID(s) 07-118-21-22-0008 Existing Certs 1557554 This cover sheet is now a permanent part of the recorded document. No delinquent taxes Transfer Entered Mil II 11111 1111 I Ill 111 11 I Mil Dec 18, 2023 8:00 AM LAND TYPE Torrens (T) DOC NUM 6051659 Hennepin County, Minnesota Certified, filed and/or recorded on Daniel Rogan Dec 18, 2023 8:00 AM County Auditor and Treasurer Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 98 Pkg ID 2630538E Document Recording Fee $46.00 Document Total $46.00 PID(s) 07-118-21-22-0008 Existing Certs 1557554 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 /7 day of November, 2023, by and between Saxe New Hope LLC, a Minnesota limited liability company ("Owner"), and the City of New Hope, a Minnesota municipal corporation("City")and consented to by Farrell Equipment and Supply Co., Inc., a Wisconsin corporation ("Tenant"). WITNESSETH: WHEREAS,Owner owns certain real property located in the City of New Hope, County of Hennepin, State of Minnesota, 9210 52"d Avenue North,New Hope, P.I.N. 07-118-21-22- 0008, which is both Abstract and Torrens property legally described as: Lot 1, Block 1, Olson Industrial Park 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota. ("Property") WHEREAS, a stormwater basin currently exists on the Property with Owner proposing to construct an expanded existing stormwater basin,and adding a swale with outlet to the basin and an additional stormwater basin,all with associated piping. WHEREAS,all stormwater treatment areas on the Property,including the two stormwater basin areas,a swale with outlet to a basin,and other associated piping shall be collectively referred to herein as the"Storm Basins." The Storm Basins are graphically depicted on the attached Exhibit A. WHEREAS,an existing outlet structure built over existing pipe and under the railroad is associated with the Storm Basins ("Outlet Structure"),but has been, and will continue to be maintained by the City,with Owner's consent given,and associated easement to access granted to the City. The Outlet Structure is graphically depicted on the attached Exhibit B. 1 WHEREAS,Owner's plans for handling of stormwater runoff on the Property did not require Shingle Creek Watershed District review or approval since the total disturbance for this project was less than five acres in size. WHEREAS,Tenant is currently leasing the Property and operating its business. WHEREAS,the purpose of this Stormwater Agreement is to ensure Owner's and/or Tenant's performance of regular maintenance of the Storm Basins and to grant an easement to the City to continue to access and maintain the Outlet Structure. WHEREAS,as part of this Stormwater Agreement,Owner shall convey to the City: (1)an easement over the Property which will provide the necessary access to the City to maintain the Storm Basins, in the event Owner fails to perform the maintenance obligations set forth herein; and (2)an easement over the Property which will provide the necessary access to the City to maintain the Outlet Structure. 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 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. f. 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 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 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 shall continue to maintain the Outlet Structure as shown in Exhibit B. Owner further acknowledges and agrees that the City may maintain the Storm Basins as shown in Exhibit A, 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 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 Basins in their 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. a. Owner does hereby grant, bargain and convey until 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 in the event the Owner fails to do so. b. Owner further does hereby grant, bargain and convey unto the City, its successors and assigns, forever, a permanent easement including full and free 3 right and authority to enter upon the Property as necessary to access the Outlet Structure for maintenance and repair purposes. c. The permanent easements to the City to access to the Storm Basins in the event Owner fails to properly maintain them and to access the Outlet Structure as deemed necessary by the City shall be collectively referred to herein as the "Easement Area"and the"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; and to maintain the Outlet Structure as necessary. 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, 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 Stormwater 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 Stormwater 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 thereof, 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: To Owner: Saxe New Hope LLC Attn: John Saxe 1510 North Hastings Way Eau Claire, WI 54703 4 To Tenant: Farrell Equipment and Supply Co., Inc. 1510 North Hastings Way Eau Claire, WI 54703 To City: Reece Bertholf, 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 Stormwater 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. 11.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 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 Saxe New Hope LLC, a Minnesota limited liability company By: t, dap" •: n Saxe Its: P ief Manager STATE OF I.A.5;scons:" ) )ss. COUNTY OF CQK Glare. ) The foregoing instrument was acknowledged before me this f day of November, 2023, by John Saxe,the Chief Manager of Saxe New Hope LLC, a Minnesota limited liability company, on behalf of said limited liability company. .3:10t# PUe =0� 19<, t—0 tary ublic rt' EVAN NYBERG Tenant iiiilliti v'ilf pF WtgG��� Farrell Equipment and Supply Co.,Inc., 110rwmk a Minnesot corporation Gi.p = 5-9-ama6 By: I n Saxe its: resident STATE OF LA) ‘'sco.1s:i. ) )ss. COUNTY OF e..044. Claire. ) 44. The foregoing instrument was acknowledged before me this I-? day of November, 2023, by John Saxe,the President of Farrell Equipment and Supply Co., Inc.,a Wisconsin corporation, on behalf of said corporation. p, bsAY Pus,,/?' 0tary P bl is * EVAN * " NYBERG OF WI` 6- h 'atgwt. 5-71 : SJ-41-av a it. City of New Hope, a Minnesota municipal corporation By: /1/ 'Grits Kathi Hemken Its: Mayor By: , '; ; Y-. Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) „. The foregoing instrument was acknowledged before me this / day of ,2023, by Kathi Hemken and Reece Bertholf,the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation, respectively, on behalf of said municipal corporation. 3 - afert, Notary Public Drafted by: 111L' T VALERIE J. LEONE ,� Notary Public-Minnesota Jensen Sondrall Persellin & Woods, P.A. may' My Camisalon wee Jan 31,2025 8525 Edinbrook Crossing, Suite 201 Brooklyn Park,MN 55443 • (763)424-8811 7 EXHIBIT A GRAPHIC DEPICTION OF STORMWATER BASINS See attached. 8 o.s. th — CU 7 L3 v HY c a, V o 7 n Q '0 o _O a j N aci a Q a' v o o W o °al y v ~ m Liu > rn CD L C O w . 61 -p U U U 0 > C C N ' Z G a) ',1 Q > a) 2 Q V • m O u,, I (� O N v o ° y C O c, c, o C Di (13 U U C a; cmo c c m N ° c " .0 u Q Z o 3 LL 75 rci in i U7, cu C , a) in d VI N . U L o rn {H d r N V ti, Q 0 •X X O •X u a) X OL •X •X f6 Ly LL O ° c M 0 X N z cc w w LT w Q 0 Z H w a /U w d o' 5 p v o a W cn ai Ii Ull Y Z a c 3 7 O 015 z° o ° O .K. 112 I {F a cf. is �14 00c I ls8, ..• r q5 ---‘) as lib/ 11 I '—i' lL 1 if- -- ; , a m ,p �� al • 5 0 Til o i . Q C y Ts / 2,88 t ti Ci g Aw 1,.............................. .._ 0 -(1)— . _ ' 1 '-1** 09.4,i M at 1 A d of ,t oyA flrii ea A VI I CO 5 4 oro g' I g "r i...m 0� rr TM a°o e v ! a a 897' J: 0 o - Ft io v7 a I CP Ilril Iiii / ', a ... P c g R 1,t„,„. _____:).- cp } \ D (NI g. \ .<___ 1 a Ea 5 cP a 03 � • el, 0 � U) A d� It; etlee• o 0 - ' r 1 - 41 N j Oy D ° cn , '1 (2) ri ----.. —)1\7' 3 94 0� •a m : - - 899 --$95�s.. m EXHIBIT B GRAPHIC DEPICTION OF DETAIL lA PLAN—OUTLET STRUCTURE OVER PIPE See attached. Ilserver20231datalAttomeyISAS\I Client Filesl2 City of New Hope199-11454 9210 52nd Ave N-stormwater agreementlStormwater Maintenance Agreement and Easement,docx 9 0 uU — M7 7 ., . _ - ..1v N. i COOE .O ; X 3by W C `w E cu N • -1-' ~\\ CO O ` ''' CCU tin > 0 C �jIt Q O in •CO � '� DC +.1 •61- �+_+-.._.__---_--__-�00 'IL f _ Q 1- N 10 0-4_, 1 0 U CO N Q a 1) ., r�r __ a. W 0 > r Q N p Z N No delinquent taxes Transfer Entered 11111111110111111101111011 11111 111 11 111111 Dec 18, 2023 8:00 AM LAND TYPE Abstract(A) DOC NUM 11252114 Hennepin County, Minnesota Certified, filed and/or recorded on Daniel Rogan Dec 18, 2023 8:00 AM County Auditor and Treasurer Office of the County Recorder Hennepin County, Minnesota Amber Bougie, County Recorder Daniel Rogan, County Auditor and Treasurer Deputy 26 Pkg ID 2630539E Document Recording Fee $46.00 Document Total $46.00 PID(s) 07-118-21-22-0008 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 /7 day of November,2023,by and between Saxe New Hope LLC,a Minnesota limited liability company("Owner"),and the City of New Hope,a Minnesota municipal corporation("City")and consented to by Farrell Equipment and Supply Co., Inc.,a Wisconsin corporation ("Tenant"). WITNESSETH: WHEREAS,Owner owns certain real property located in the City of New Hope, County of Hennepin, State of Minnesota,9210 52"d Avenue North,New Hope,P.I.N.07-118-21-22- 0008,which is both Abstract and Torrens property legally described as: Lot 1,Block 1,Olson Industrial Park 2nd Addition,according to the recorded plat thereof,Hennepin County,Minnesota. ("Property") WHEREAS,a stormwater basin currently exists on the Property with Owner proposing to construct an expanded existing stormwater basin,and adding a swale with outlet to the basin and an additional stormwater basin,all with associated piping. WHEREAS,all stormwater treatment areas on the Property,including the two stormwater basin areas,a swale with outlet to a basin,and other associated piping shall be collectively referred to herein as the"Storm Basins." The Storm Basins are graphically depicted on the attached Exhibit A. WHEREAS,an existing outlet structure built over existing pipe and under the railroad is associated with the Storm Basins("Outlet Structure"),but has been,and will continue to be maintained by the City,with Owner's consent given,and associated easement to access granted to the City. The Outlet Structure is graphically depicted on the attached Exhibit B. 1 WHEREAS,Owner's plans for handling of stormwater runoff on the Property did not require Shingle Creek Watershed District review or approval since the total disturbance for this project was less than five acres in size. WHEREAS,Tenant is currently leasing the Property and operating its business. WHEREAS,the purpose of this Stormwater Agreement is to ensure Owner's and/or Tenant's performance of regular maintenance of the Storm Basins and to grant an easement to the City to continue to access and maintain the Outlet Structure. WHEREAS,as part of this Stormwater Agreement,Owner shall convey to the City:(1)an easement over the Property which will provide the necessary access to the City to maintain the Storm Basins,in the event Owner fails to perform the maintenance obligations set forth herein;and (2)an easement over the Property which will provide the necessary access to the City to maintain the Outlet Structure. 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 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. f. 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 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 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 shall continue to maintain the Outlet Structure as shown in Exhibit B. Owner further acknowledges and agrees that the City may maintain the Storm Basins as shown in Exhibit A,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 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 Basins in their 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. a. Owner does hereby grant, bargain and convey until 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 in the event the Owner fails to do so. b. Owner further does hereby grant,bargain and convey unto the City, its successors and assigns,forever,a permanent easement including full and free 3 right and authority to enter upon the Property as necessary to access the Outlet Structure for maintenance and repair purposes. c. The permanent easements to the City to access to the Storm Basins in the event Owner fails to properly maintain them and to access the Outlet Structure as deemed necessary by the City shall be collectively referred to herein as the "Easement Area"and the"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;and to maintain the Outlet Structure as necessary. 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, 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 Stormwater 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 Stormwater 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 thereof, 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: To Owner: Saxe New Hope LLC Attn: John Saxe 1510 North Hastings Way Eau Claire,WI 54703 4 To Tenant: Farrell Equipment and Supply Co.,Inc. 1510 North Hastings Way Eau Claire,WI 54703 To City: Reece Bertholf,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 Stormwater 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. 11.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 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 Saxe New Hope LLC, a Minnesota limited liability company By: .,n Saxe Its: ► ief Manager STATE OF LA);se," ) )ss. COUNTY OF Ear Cla.'re. ) , The foregoing instrument was acknowledged before me this fday of November, 2023,by John Saxe,the Chief Manager of Saxe New Hope LLC,a Minnesota limited liability company,on behalf of said limited liability company. ,e...40.1064,444444? pub, #46f Lary ub[ic t.,* EVAN 'o NYBERG j Tenant 2OF WtSV-" Farrell Equipment and Supply Co.,Inc., *woe. a Minnesot corporation ESA : 5-�-apab By: n Saxe its: resident STATE OF f...) s co ns ) )ss. COUNTY OF Cl ) The foregoing instrument was acknowledged before me this 17 day of November, 2023,by John Saxe,the President of Farrell Equipment and Supply Co.,Inc.,a Wisconsin corporation,on behalf of said corporation. Ait. 1,54N Rus, 14 o .tory P blic * EVAN * 4144 NYBERG FOF wet- I w,vo. 6 6).p : 5-9-a1,As City of New Hope, a Minnesota municipal corporation By: 'hc.47 Kathi Hemken Its: Mayor By: t- Its: City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this /� 7rl day of rcmber,2023,by Kattn Hemken and Reece Bertholf,the Mayor and City Manager of the City of New Hope,a Minnesota municipal corporation,respectively,on behalf of said municipal corporation. Y. Notary Public Drafted by: `• ilk VALERIE J. LEONE �I Notary P+at r 1nrsesata Jensen Sondrall Persellin&Woods,P.A. 'i.ss MY rte,EOsJan 3t2 5 8525 Edinbrook Crossing, Suite 201 Brooklyn Park,MN 55443 • (763)424-8811 7 EXHIBIT A GRAPHIC DEPICTION OF STORMWATER BASINS See attached. 8 o.s. th — CU 7 L3 v HY c a, V o 7 n Q '0 o _O a j N aci a Q a' v o o W o °al y v ~ m Liu > rn CD L C O w . 61 -p U U U 0 > C C N ' Z G a) ',1 Q > a) 2 Q V • m O u,, I (� O N v o ° y C O c, c, o C Di (13 U U C a; cmo c c m N ° c " .0 u Q Z o 3 LL 75 rci in i U7, cu C , a) in d VI N . U L o rn {H d r N V ti, Q 0 •X X O •X u a) X OL •X •X f6 Ly LL O ° c M 0 X N z cc w w LT w Q 0 Z H w a /U w d o' 5 p v o a W cn ai Ii Ull Y Z a c 3 7 O 015 z° o ° O .K. 112 I {F a cf. is �14 00c I ls8, ..• r q5 ---‘) as lib/ 11 I '—i' lL 1 if- -- ; , a m ,p �� al • 5 0 Til o i . Q C y Ts / 2,88 t ti Ci g Aw 1,.............................. .._ 0 -(1)— . _ ' 1 '-1** 09.4,i M at 1 A d of ,t oyA flrii ea A VI I CO 5 4 oro g' I g "r i...m 0� rr TM a°o e v ! a a 897' J: 0 o - Ft io v7 a I CP Ilril Iiii / ', a ... P c g R 1,t„,„. _____:).- cp } \ D (NI g. \ .<___ 1 a Ea 5 cP a 03 � • el, 0 � U) A d� It; etlee• o 0 - ' r 1 - 41 N j Oy D ° cn , '1 (2) ri ----.. —)1\7' 3 94 0� •a m : - - 899 --$95�s.. m EXHIBIT B GRAPHIC DEPICTION OF DETAIL lA PLAN—OUTLET STRUCTURE OVER PIPE See attached. llservcr2O23Sdata\Anomey1SAS t Client Filesl2 City of New Hope199-11454 9210 52nd Ave N-stonnwater agreementSiomiwater Maintenance Agreement and Easenent.docx 9 O uU -75 M7 7 ., . _ - ..1., - COOE .O ; X 3by W C `w E cu N • -1-' ~\\ CO O ` ''' CCU tin > 0 C �jIt Q O in •CO � '� DC +.1 •61- �+_+-.._.__---_--__-�00 'IL f _ Q 1- N 10 0-4_, 1 0 U CO N Q a 1) ., r�r __ a. W 0 > r Q N p Z N