06 4401 X lon Avenue North Cit Hall: 612 i
Y y 5315 00 City Hall Fax: 612-531-5136
New Hope, Minnesota 55428 4898 Police: 612-531-5170 Police Fax: 612-531-5174
Public Works: 612-533-4823 Public Works Fax: 612-533-7650
�� ®Q TDD: 612-531.5109 Fire Dept. Fax: 612-531-5175
December 8, 1998
Ms. Kathleen Ruesink
Liberty Property Trust
330 Second Ave. S., Suite 390
Minneapolis, MN 55401
SUBJECT: Development Contract, Easement Maintenance Agreement, and Final Plat for
Brandell Fourth Addition
Enclosed are fully executed copies of the fore-mentioned documents. We also received the
revised Subdivision Bond and have forwarded it to our City Attorney's office.
Please take the mylar to Hennepin County so the Final Plat for Brandell Fourth Addition is
properly recorded.
Should you have any questions,please contact either Kirk McDonald or me.
Sincerely,
af6-2,2E__
Valerie Leone, CMC
City Clerk
enc.
cc: Kirk McDonald (PC 98-18)
Steve Sondrall
Mark Hanson, City Engineer
Doug Sandstad, Building Official
Family Styled City For Family Living
c cit-it
AGREEMENT
TO MAINTAIN EASEMENTS
THIS AGREEMENT is made and entered into as of the ' day of2 �' , 1998,
by and between Liberty Property Limited Partnership, a Pennsylvania limited partnership,
("Developer") and the City of New Hope, a Minnesota municipal corporation ("City");
WITNESSETH:
WHEREAS, the Developer owns certain real property located in the City of New Hope,
County of Hennepin, State of Minnesota, legally described as:
Lot 2, Block 1, Brandell Third Addition, according to the plat thereof on file and
of record in Hennepin County, Minnesota,
(the "Property"); and
WHEREAS, the Property will be replatted as part of Brandell Fourth Addition, and
WHEREAS, the Developer's predecessors in title granted to the City certain drainage
easements over a portion of the Property legally described as:
A permanent easement for drainage purposes over, under and across the north
15.00 feet of the west 415.00 feet; the north 30.00 feet of the west 110.00 feet; the
north 130.00 feet of the west 75.00 feet; and the east 65.00 feet of the most
westerly 480.00 feet of the north 270.00 feet of the south 435.00 feet, all in Lot
2, Block 1, Bandell Third Addition, as platted and recorded, Hennepin County,
Minnesota,
(the "Easements"), said Easements being set forth more fully in that certain easement document
filed September 18, 1989 as Document No. 5575299, files of the Hennepin County Recorder, and
WHEREAS, the Property is situated within the Shingle Creek Watershed, and permanent
provisions for the handling of storm runoff, including provisions for operation and maintenance
of all stormwater runoff facilities and ponds, are required, and such provisions are to be set forth
in an agreement to be recorded in the real estate records; and
WHEREAS, the City has given approval to the plat of Brandell Fourth Addition subject
to compliance by the Developer with certain conditions, including entering into an easement
maintenance agreement with the City;
NOW, THEREFORE, in consideration of the 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:
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1. Maintenance of the Pond. The Developer and its successors or assigns as fee owner
of the Property shall be responsible for maintaining the Easements and observing all Drainage
Laws governing the operation and maintenance of the Easements. The Developer shall provide
the City with a schedule acceptable to the City for inspection of the Easements and outlet control
structure. The Developer shall make all such scheduled inspections, keep records of all
inspections and maintenance activities, and submit such records annually to the City. The cost of
all inspections and maintenance, including skimming and cleaning, of the Easements shall be the
obligation of the Developer and its successors or assigns as the fee owner of the Property.
2. City's Maintenance Rights. The City may maintain the Easements, as provided in
this paragraph, if the city reasonably believes that the Developer or its successors or assigns have
failed to maintain the Easements in accordance with applicable Drainage Laws, and such failure
shall continue for thirty (30) days after the city shall give the Developer written notice of such
failure. The City's notice shall specifically state which maintenance tasks are to be performed.
If Developer 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 the Easements to perform such
maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs
to the Developer or its successors or assigns, who shall pay said costs within 30 days of receipt
of said invoice. Notwithstanding the foregoing, in the event of an emergency, as determined by
the City Engineer, the 30-day notice requirement to the Developer for failure to perform
maintenance tasks shall be and hereby is waived in its entirety by the Developer, and the
Developer shall reimburse the City for any expense so incurred by the City in the same manner
as if written notice as described above has been given.
3. Hold Harmless. The Developer agrees to indemnify and hold harmless the City and
its agents and employees against any and all claims, demands, losses, damages and expenses
(including reasonable attorneys fees) arising out of or resulting from the Developer's or the
Developer'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 precaution. In the event the City, upon the failure of the
Developer to comply with any conditions of this Agreement performs said conditions pursuant to
its authority in this Agreement, the Developer shall indemnify and hold harmless the City, its
employees, agents and representatives for its own negligent acts in the performance of the
Developer's required work under this Agreement, but this indemnification shall not extend to
intentional or grossly negligent acts.
4. Costs of Enforcement. The Developer 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 engineering and attorney's fees.
5. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
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To the Developer: Liberty Property Limited Partnership
do Liberty Property Trust
330 Second Avenue South
Minneapolis, MN 55401
To the 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.
6. Successors. All duties and obligations Of Developer under this Agreement shall also
be duties and obligations of Developer's successors or assigns.
7. Effective Date. This Agreement shall be binding and effective as of the date hereof.
Liberty Property Limited Partnership,
A Pennsylvania Limited Partnership
By: Liberty Property Trust
Its General Partner
By: / L.
A/4-).- -
Its se„.,,vrt_ c..—. £'rs5§Dt,►sT
CITY OF NEW HOPE, a Minnesota
Municipal Corporation
fib
By:
Its Mayor
C
By: .ice
Its City Man;:er
-3-
STATE OF MINNESOTA )
) ss.
COUNTY OF
The foregoing instrument was acilaiowledged l fore me this. '7' day of
1998, by 4•--7,, , - , , the ; �,„, �, ,1 ,� � of Liberty Property Trust, a
y
Mar land: eal Estate Investment Trust, the general partner of Liberty Property Limited
Partnership, a Pennsylvania limited partnership, on behalf of said limited partnership.
Notary Public
ichiftwimompowiAmmmr
l' - KATHLEEN A.RUESINK
STATE OF MINNESOTA ) NOY IC MOTA
) ss. "_ ►aY Commission
PUBLEsOires Jan.31INNES,2000
COUNTY OF HENNEPIN ) >R
77Y
The foregoing instrument was acknowledged before me this / day of /JJ2 C,t-ii/tJJ..:
1998, by W. Peter Enck and Daniel J. Donahue, the mayor and manager, respectively, of the City
of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation.
VALERIE J. LEONE /�
(�..�-i'LL..I .
NOTARY PUBLIC- MINNESOTA L Lh'ZC�
My Commission Expires
,1,73.21 -,3 January 31, 2000 Notary Public
•
This Document Drafted By:
Jensen, Swanson & Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(612) 424-8811
(99.15048)
P:1Anomey MPMSDocuments5CNH-Brandell Fourth Agreement to Maintain Fasemcnts.wpd
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