12 1:12
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i
July 6, 2007
Pete Waldo
Avtec Finishing Systems
9101 Science Center Drive
New Hope, MN 55428
Dear Pete Waldo:
Per our phone conversation today, I am sending a copy of the drafted pond
maintenance agreement required as part New Hope Planning Case 00-11. I also
provided an electronic copy to you via email. Please complete the legal description of
the easement required over the pond area and return a signed copy to the city for our
file.
For your records, I am also enclosing a copy of the pond maintenance agreement
executed by the developer at 9001 Science Center Drive for the pond located on your
property (9101 Science Center Drive).
If you have any questions, I can be reached at 763-531-5196.
Sincerely
timity-v.-.
Ber grefS-L------}
Community Development Assistant
Kirk McDonald
Acting City Manager/CD Director
Enclosure: Pond maintenance agreement for 9101 Science Center Drive
Copy of pond maintenance agreement executed by 9001 Science Center
Drive
CC: Valerie Leone, City Clerk (PC 00-11)
CITY OF NEW HOPE
4401 Xylon Avenue North•New Hope,Minnesota 55428-4898*www.ci.new-hope.mn.us
City Hall: 763-531-5100•Police(non-emergency):763-531-5170•Public Works: 763-592-6777•TDD: 763-531-5109
City Hall Fax:763-531-5136• Police Fax:763-531-5174•Public Works Fax: 763-592-6776
AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the day of
200 , by and between ("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, at_9101 Science Center Drive , legally described as:
Parcel 1:
That part of Lot 1,Block 1, SCIENCE INDUSTRY CENTER,described as beginning at a point on
the South line of said Lot 1 distant 540.42 feet West from the most easterly corner of said Lot 1;
thence Northeasterly along a curve concave to the Northwest,having a radius of 498.34 feet,which
curve intersects the North line of Lot 4 in said Block 1, at a point 33.82 feet East from the most
Westerly corner of said Lot 4,to an intersection with the North line of the South 50 feet of said Lot
1;thence West along the North line of the south 50 feet of said Lot 1 a distance of 68.45 feet,more
or less,to an intersection with a curve drawn parallel with and 40 feet Northwesterly from the above
described curve; thence Southwesterly along said parallel curve and its continuation to an
intersection with the South line of said Lot 1; thence East along said South line to the point of
beginning, according to the recorded plat thereof, and situate in Hennepin County, Minnesota.
Parcel 2:
That part of Lot 4,Block 1,SCIENCE INDUSTRY CENTER,lying westerly of a curve drawn from
a point on the North line of Lot 4 distant 33.82 feet East from the most Westerly corner of Lot 4 to a
point on the South line of Lot 1 distant 540.42 feet West from the most Easterly corner of Lot 1,said
curve being concave to the Northwest and having a radius of 498.34 feet,according to the recorded
plat thereof, and situate in Hennepin County, Minnesota.
Parcel 3:
That part of Lot 1,Block 1, SCIENCE INDUSTRY CENTER,described as follows:Commencing at
the most Easterly corner of said Lot 1; thence Westerly along the Southerly line of said Lot 1 a
distance of 85.47 feet;thence Northerly deflecting to the right 90 degrees 07 minutes 53 seconds a
distance of 50 feet to the actual point of beginning of the tract of land to be described; thence
continuing Northerly along an extension of last described course to the Easterly line of said Lot 1;
thence Northerly along the Easterly line of said Lot 1 to the Northeasterly corner of said Lot 1;
thence Westerly along the Northerly line of said Lot 1 to a point therein 1089.21 feet East of the
Northwest corner of said Lot 1;thence at a right angle Southerly to the Southerly line of said Lot 1;
thence Easterly along the Southerly line of said Lot 1 to an intersection with a line parallel with and
40 feet Northwesterly of a curved line drawn from a point in the North line of Lot 4, Block 1,
SCIENCE INDUSTRY CENTER,distant 33.82 feet East from the most Westerly corner of said Lot
4 to a point in the South line of Said Lot 1 distant 540.42 feet West from the most Easterly corner of
said Lot 1, said curve being concave to the Northwest and having a radius of 498.34 feet; thence
Northeasterly along said parallel line to an intersection with the North line of the South 50 feet of
said Lot 1 to the actual point of beginning, according to the recorded plat thereof, and situate in
Hennepin County, Minnesota.
Together with a perpetual, non-exclusive easement for ingress and egress created by that certain
instrument dated August 6, 1981 and recorded in the office of the County Recorder in and for
Hennepin County on August 6, 1981, as Document No. 4661940.
WHEREAS, the Developer's predecessors in title granted to the City certain drainage
easements over a portion of the Property legally described as:
PROPOSED DRAINAGE AND UTILITY EASEMENT
INSERT POND EASEMENT DESCRIPTION HERE
2
(the"Easements"),said Easements being set forth more fully in the certain easement document filed
files of the Hennepin County Recorder, 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 fromthe 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:
To the Developer:
Attn:
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 andobligations 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.
4
DEVELOPER, a Minnesota
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
200`, by , the of
, a Minnesota , on behalf of said
•
(Notary Public Seal) Notary Public
CITY OF NEW HOPE, a Minnesota
municipal corporation
By:
Its Mayor
By:
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
200_, by and , , the Mayor and City
Manager of the City of New Hope, a Minnesota municipal corporation,on behalf of said municipal
corporation.
(Notary Public Seal) Notary Public
5
/,-
CITY OF NEW HOPE
RESOLUTION NO. 00- 115
RESOLUTION APPROVING PLANNING CASE NO. 00-11
REQUESTING VARIANCE TO THE SIDE YARD SETBACK REQUIREMENT
TO ALLOW A BUILDING ADDITION AND SITE/BUILDING PLAN REVIEW APPROVAL
AT 9101 SCIENCE CENTER DRIVE
(PID#07-118-21 21 0004)
SUBMITTED BY AVTEC FINISHING SYSTEMS, INC.
WHEREAS, the applicant, Avtec Finishing Sytems, Inc., has submitted a request identified as
Planning Case No. 00-11 for a variance to the side yard setback requirement to
allow a building addition and site/building plan review approval, pursuant to Sections
4.034(3) and 4.22 of the New Hope Code; and
WHEREAS, the Planning Commission held a public hearing on Planning Case No. 00-11 on July
11, 2000, found that all conditions required by the New Hope Zoning Code for a
variance and site/building plan review have been satisfied by the applicant, and
recommended approval of the planning case request subject to all conditions as set
forth in the City Staff Report dated July 7, 2000; and
WHEREAS, the City Council on July 24, 2000, considered the report of the City staff, findings and
recommendations of the Planning Commission, and the comments of persons
attending the Council meeting; and
WHEREAS, the City Council hereby finds and concludes that the applicant has satisfied all
conditions required by the New Hope Zoning Code for issuance of the requested
variance.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of New Hope that a
variance to the side yard setback requirement to allow a building expansion and
site/building plan review approval, as submitted in Planning Case No. 00-11 is
approved, subject to the following conditions:
1. The applicant submit a revised set of plans illustrating the upgrading of the
bituminous curb south and east of the building to B/612 concrete curbing
consistent with the site plan.
2. The applicant install one (1) additional van accessible disability stall.
3. Submit plans detailing the type of exterior light to be used.
4. Submit plans on trash enclosure.
5. Compliance with State Building Code.
6. Compliance with all City Engineer recommendations, including Watershed
approval and possible deferment of pond improvements with escrow submitted
so City can consider regional pond/trail issues.
7. Enter into Development Agreement with City, to include landscaping
maintenance, and provide financial guarantee (amount to be determined by
City Engineer and Building Official).
Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 24th day of
July, 2000.
Mayor
Attest: /nate" / GC,
City Clerk
x ,
if 6)6)- /i
CITY OF NEW HOPE VARIANCE
SITE IMPROVEMENT AGREEMENT
9101 SCIENCE CENTER DRIVE
THIS AGREEMENT is entered into by Avtec Finishing Systems, Inc., a Minnesota
corporation (hereinafter "Avtec Finishing"), Avtec Properties, a Minnesota general partnership
(hereinafter "Avtec Properties") (Avtec Finishing and Avtec Properties hereinafter collectively
"Developer"), and the City of New Hope, a Minnesota municipal corporation (hereinafter
"City"), this G5 day of Jp,,,t . , 2000.
WHEREAS, on July 24, 2000, by Resolution No. 00-115, the City Council approved
Developer's request for a Variance for the side yard setback requirement (hereinafter Variance)
for certain real property located in the City of New Hope, County of Hennepin, State of
Minnesota known as 9101 Science Center Drive, legally described as:
See attached Exhibit A,
(hereinafter "Property") to allow a building addition, and
WHEREAS, the City Council also approved Developer's site development plans for the
Property as set forth in Planning Case 00-11 (hereinafter "Plans"), a copy of which is attached
hereto as Exhibit B, and
1
WHEREAS, the Variance was granted subject to the following conditions:
1. Developer to submit a revised set of plans illustrating the upgrading of the bituminous
curb south and east of the building to B/612 concrete curbing consistent with the site plan;
2. Developer to install one additional van accessible disability stall;
3. Developer to submit plans detailing the type of exterior light to be used;
4. Developer to submit plans on trash enclosure;
5. Developer to comply with State Building Code;
6. Developer to comply with all City Engineer recommendations, including Watershed
approval and possible deferment of pond improvements with escrow submitted so City
can consider regional pond/trail issues;
7. Developer to enter into Development Agreement with City, to include landscaping
maintenance, and provide fmancial guarantee in an amount to be determined by the City
Engineer and Building Official;
and
WHEREAS, subsequent to passing Resolution No. 00-115, the City Engineer has
recommended and the City has determined that the pond improvements will not be deferred,
that the Developer shall construct the pond as set forth in the Plans, that the pond shall serve
the Property only, and that the Developer shall not be required to provide any part of the
Property for current or future regional ponding or trails.
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
1. INCORPORATION OF RECITALS. The recitals above are incorporated herein
by reference, specifically including the conditions of the Variance. This Agreement shall satisfy
the Development Agreement required by condition No. 7.
2. THE WORK. The Work shall consist of the site improvements described in the
Plans, including the Secured Work as described below, and including any amendments to the
Plans which are approved by the City Council. The Work shall be performed by the Developer
to the City's satisfaction and in compliance with all applicable codes, ordinances, standards, and
policies of the City.
3. THE SECURED WORK. The Secured Work includes all on-site exterior
amenities shown on the Plans that are listed below (hereinafter "Secured Work"):
2
Apr 07 2003 9: 30RMi BONESTROO ROSENE ANDERLIK 6516361311 I° • 1
Bonestroo
moires
sene
Fax TransmissionAssociates
s
Engineers&Architects
Date: 4/7/2003 From: Vince Vander Top
To: Valerie Leone Our File No:
OP.•;ani?atioov: New Hope Pages to Follow:
Fax Number: 763-531-5136 Original Will Follow in Mail: Yes (l No [d
Subj-ctt: Pond Maintenance Agreements
jam,.
Regarding the list of pond maintenance agreements:
We really didn't start to acquire pond maintenance agreements with much diligence until 'Offer the Cooper
grit chambers. Liberty Property (#6 on the list) is the first agreement that I remember.
#8 Walgreens -As I recall, we do not have a "pond maintenance agreement" However pond maintenance
language was included in the developers agreement. I don't recall why it was done that v'ay.
#9 Simon Delivers - I cannot find record of the pond maintenance agreement for this property. It does not
surprise me given the history of this project. There should be an agreement somewhere' ??
#10 City of New Hope - No agreement; City project
#12 Avtec - No agreement yet; we should still be holding a bond until the agreement is in place.
b077161 f)-0
#14 Tioga- Our copy of the agreement is attached. You should have a copy somewhere. /
Thanks for going through the effort of putting this together and keeping it up to date!
z.
•onestroo, i toserae, Anderllk and Assccuates, Oruc. www.honestroo.ccf
2335 West Highway 36+ St. Paul, MN 55113+ Phone: 651-636-4600+ Fax: 651-636-1311