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7679853 P (', o/-o
AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the 19th day of October
2001 by and between AutoZone, Inc., d/b/a/ AutoZone Nevada, Inc., a Nevada corporation
("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:
The South 233 feet of the East 233 feet of the Southeast Quarter of Section 18, Township 118,
Range 21, as measured on the South and East lines thereof, according to the U.S. Government
Survey thereof, Hennepin County, Minnesota.
WHEREAS, the Developer has or will grant to the City certain drainage easements over
a portion of the Property legally described as:
The North 120 feet of the West 38 feet of the South 233 feet of the East 233 feet of the
Southeast Quarter of Section 18, Township 118, Range 21, as measured on the South and East
lines thereof, according to the U.S. Government Survey thereof, Hennepin County, Minnesota.
(the "Easements"), said Easements being set forth more fully in the certain easement document
filed February 21,20O files of the Hennepin County Recorder, and
WHEREAS, the Property is suitable with the Bassett 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.
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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: AutoZone, Inc.
P.O. Box 2198
Dept. 8700
Memphis, TN 38101-2198
Attn: Director of Property Management
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.
AUTOZONE, INC., d/b/a/
AUTOZONE NEVADA, INC., a
Nevada corpora' n
A16,0
By:
Its: Vice Presid-
By: J
Its. Vire President
CITY OF NEW HOPE, a Minnesota
municipal corporation
By: 7/-2)1/74.4.?4.4
Its ayor
By: X/ / .
Its City Manager
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STATE OF TENNESSEE )
) ss.
COUNTY OF SHELBY )
The fore oing instrument was acknowledged befo a me this /9 'day of 6th).-4.4,0 ,
2001, by �� `/ � �;a ,%„�,,,and pbiL.41,. i , the Vice President and
Vice President of AutoZone, Inc., d/b/a/ A Zone Nevada, Inc., a Nevada corporation, on behalf
of said corporation.
09La„4.„4g24.164.?
— ;\ Notary Public ®. L (Notary
ice al)
QI :: ATRY ?� g`
PUBLIC 1 c PUBLIC
t
AT LARGE ` AT LARGE
F , f
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ktBY
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /J day ofX�Cp2u2 j_
20%, by U j, J% j- en C4' and �� `T�� h lin the Mayor and City
Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said
municipal corporation.
Lint
Notary Public
(Notary Public Seal)
Y l/ 1l/IJlflll//l✓/!l/l/I•( TRANSFER ENTERED
:4ENNEPIN COUNTY TAXPAYER SEPVICSS
VALERIE J.LEONE
a •. ;_ NOTARY PUBLIC-MINNESOTA 4
My Commission Expires Jan.31,2005 MAR 2 0 2002
SPIN CO Y MINN.
Agreement to Maintain Easement.doc 7,010 i L.re Al DEPUTY
This instrument was drafted by:
Jensen & Sondrall, P.A.
8525 Edinbrook Crossing
Brooklyn Park, MN 55443
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