42 - PC 16-01 5555 Boone stormwater filtration basis maint agrmt No delinquent taxes
Transfer Entered II II II I II I'll
I 1111 II
Sep 1, 2016 2:18 PM Doc No T05376973
Certified, filed and/or recorded on
Hennepin County, Minnesota Sep 1, 2016 2:18 PM
Mark Chapin
County Auditor and Treasurer Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 119 Pkg ID 1438816C
Document Recording Fee $46.00
Document Total $46.00
Existing Certs
1420276
This cover sheet is now a permanent part of the recorded document.
AGREEMENT TO MAINTAIN STORMWATER FILTRATION BASIN AREA AND
GRANT OF EASEMENT TO CITY OF NEW HOPE
THIS AGREEME T AN 1 _ SEMENT ("Agreement") is made and entered into as
of the1 �� day of 4 1 i i, 'iy and between People Incorporated, a Minnesota 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, County
of Hennepin, State of Minnesota, 5555 Boone Avenue North,New Hope, Minnesota, P.I.N. 06-
118-21-34-0006, which is Torrens property legally described as:
The North 150 feet of that part of Lot 2, Block 2 lying North of the North line of the
South 639.88 feet of said Lot 2, Block 2, as measured along the East and West lines
thereof, Science Industry Center, Hennepin County, Minnesota;
Being registered land as evidenced by Certificate of Title No. 1207571
("Property").
WHEREAS, a certain stormwater filtration basin area("Storm Basin") shall be constructed
by Owner on the Property.
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 a
portion of the Property graphically depicted on the attached Exhibit A("Easement Area"), for
access to maintain the Storni Basin,in the event Owner fails to perform the maintenance obligations
set forth herein.
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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
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 easement area
graphically depicted on the attached Exhibit A to maintain the Storm Basin
constructed thereon, in the event Owner fails to do so ("Easement"). The
Easement shall continue forever as a permanent easement over, under and
across the Easement Area and the City shall have the right to make such use
as is reasonably necessary and advisable in the maintenance of the Storm
Basin, in the event Owner fails to abide by the maintenance terms set forth
herein.
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.
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IN WITNESS WHEREOF,we have hereunto set our hands and seals.
Owner
People Incorporated,
a Minnesota non-profit corporation
A
'Sri.
1 Wie I emann-West
I : CEO
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this rJ day of
dit- , 2016, by Jill Wiedemann-West, the CEO of People Incorporated, a Minnesota
non- rofit corporation, on behalf of said non-profit rpo a
otary Publ'/�
1HEIDI JO BROOKS
t ,i '' Rotary Public
0 ii Minnesota
o •
. My Comm.Expires
Jan 31,2017 1,
5
EXHIBIT A
GRAPHIC DEPICTION OF STORMWATER FILTRATION BASIN
See attached.
P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-21601 -People Incorporated New Hope\Stormwater Maintenance and Eaesment
Agreement-D2-7-6-16.doc
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