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AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the A ~day of
, 2002, by and between FLS Properties, a Minnesota general partnership
("Developer")'find 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:
Parcel 1:
Outlot 5, Science Industry Center, together with the part of Vacated
West Research Center Road accruing to premises by operation of
law described in Vacation Document No. 2176227.
Parcel 2:
All of the following described Tracts:
Outlot 6, Science Industry Center and the South 364.96 feet of the
West 969.91 feet of the Northwest Quarter of the Southwest Quarter
of Section 6, Township 118, Range 21.
except that part which lies Westerly and Northwesterly of line
drawn parallel with and distant 50.00 feet Easterly and
Southeasterly of the following described line:
Commencing at the Northwest corner of said Southwest Quarter;
thence Southerly along the West line thereof a distance of 1556.81
feet to the actual point of beginning of the line to be described;
thence Northerly deflecting 180 degrees to the right a distance of
100 feet; thence Northeasterly deflecting 3 degrees 48 minutes 50
seconds to the right a distance of 97.72 feet; thence deflecting along
a tangential curve to the richt (radius of 954.93 feet delta angle 32
degrees 17 minutes 58 seconds) a distance of 538.32 feet and there
terminating.
WHEREAS, the Developer granted to the City certain drainage easements over a portion
of the Property legally described as:
An easement for drainage and utility purposes over, under and
across the South 364.96 feet of the West 969.91 feet of the
Northwest Quarter of the Southwest Quarter of Section 6, Township •
118, Range 21, more particularly described as follows:
Commencing at the Northeast corner of said Section 364.96 feet of
the West 969.91 feet; thence North 89 degrees 29 minutes 49
seconds West, assumed bearing, along the North line of said South
364.96 feet, a distance of 47.98 feet to the point of beginning of the
line to be described; thence South 00 degrees 00 minutes 00 seconds
East, a distance of 61.96 feet; thence South 90 degrees 00 minutes
00 seconds West, a distance of 161.21 feet; thence North 54 degrees
29 minutes 14 seconds West, a distance of 23.20 feet; thence South
90 degrees 00 minutes 00 seconds West, a distance of 109.81 feet;
thence North 30 degrees 41 minutes 48 seconds West, a distance of
35.90 feet; thence North 00 degrees 00 minutes 00 seconds East, a
distance of 19.90 feet to the north line of said South 364.96 feet;
thence South 89 degrees 29 minutes 49 seconds East, along said
north line of South 364.96 feet, a distance of 260.26 feet to the
point of beginning.
(the "Easement"), said Easement being set forth more fully in the certain easement document filed
3(-334616 in the files of the Hennepin County Registrar of Titles; and
WHEREAS, the Property is suitable with the Shingle Creek Watershed, and permanent
provisions for 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 easement subject to compliance by the
Developer with certain conditions, including entering into an easement maintenance agreement
with the City;
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. Maintenance of the Pond. The Developer and its successor 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 record 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 Easement 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 thirty (30) days of
receipt of said invoice. Notwithstanding the foregoing, in the event to an emergency, as
determined by the City Engineer, the thirty (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 precautions. 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 attorneys' 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:
3
To the Developer: FLS Properties
5600 State Trunk Hwy 169
New Hope, MN 55428
Attn: David Lenzen
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 and assigns.
7. Effective Date. This Agreement shall be binding and effective as of the date hereof.
FLS PROPERTIES, a Minnesota
general partnership
By:
Its: General Partner
CITY OF NEW HOPE, a Minnesota
municipal cor s oration
By:
Its ayor
By:
Its City �Hager
4
STATE OF MINNESOTA )
) ss.
COUNTY OF H�ntie pin )
The foregoing instrument was acknowledged before me this J4611 day of
F b r zt a r , 2002, by Da-D ' 1 I. e Z e n , a General Partner of FLS
Properties, a Minnesota general partnership, on behalf of said general partnership.
p_takit,p ,oL-41,-1,.-
Notary Public
(Notary Public Seal)
?,„1,,,
\. DIANE R.O'BRIEN
` i% NOTARY PUBUC—MINNESOTA
' ' MY COMMISSION EXPISES 1.31-2005
_ STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) -
� r The foregoing instrument was acknowledged before me this 2S�r day of
E" /-10Iv a , 2002, W. Peter Enck and Daniel_J. Donahue, the Mayor and City -
Manager of thi City of New Hope, a- Minnesota municipal corporation, on behalf of said
municipal corporation.
c..„z-c>4_,. .„6„.._.
Notary Public
STEVEN A.SONDRALL
NOTARYPUBUC-MINNESOTANW t
My Caret EtpirM Jan.31,2005 1
I •
Drafted By:
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424-8811
i
1
P.Atornep.SAS,Douments'CNH99.20008-002-Agm to Maintain Easemem.doc
5
Page 1 of 2
Leone Valerie
From: Vander Top, Vince T Sent:Wed 4/9/2003 11:07 AM
[vvandertop@bonestroo.com]
To: Leone Valerie
Cc: Coone Paul; Johnson Guy
Subject: RE: pond agreements
Attachments:
Val,
More modifications to the list per discussions with Guy and Paul:
#9 Simon Delivers - They have a pond and also an onsite grit chamber. Both should
be on the list so they are inspected annually,
#11 Liberty Property - They have a pond and also an onsite grit chamber. Again, both
should be on the list so they are inspected annually.
Last year, Sonnesyn Elementary complete parking lot improvements. Asp art of these
improvements, they constructed a grit chamber for their north parking lot. This should
be placed on the list somewhere. I think this application was processed
administratively. You may have to contact Kirk for more information.
Thanks again for coordinating this list. We will forward additional information if it
comes up.
Vince
Original Message
From: Leone Valerie [mailto:vleone@ci.new-hope.mn.us]
Sent: Monday, April 07, 2003 3:48 PM
To: Vander Top, Vince T
Subject: pond agreements
thanks for your fax. Just FYI:
Simon Delivers - no agreement that I could find.
Avtec - no agreement; we released the bond 10-12-02. We have added "pond maint
agreement
�(onnftile" as part of our checklist for authorizing bond relases.
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