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, 78 0910
Duplicate ;� -
Filing !/
Certify:
_DEPU;,
AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the /o? day of
2002, by and between the 5010 Associates, a Minnesota general 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, OLSON INDUSTRIAL PARK 2ND ADDITION, according to the
recorded plat, Hennepin County, Minnesota.
WHEREAS, the Developer has granted to the City a certain ponding, drainage and utility
easement over a portion of the Property legally described as:
PONDING, DRAINAGE AND UTILITY EASEMENT
Easement for ponding, drainage and utility purposes over, under and across that
part of Lot 2, Block 1, OLSON INDUSTRIAL PARK 2ND ADDITION,
according to the recorded plat thereof situate in Hennepin County, Minnesota
being a 30 foot strip of land lying westerly, northwesterly and north of the
following described line: Commencing at the northeast corner of said Lot 2;
thence South 89 degrees 50 minutes 32 seconds East, assumed bearing along the
north line of said Lot 2 a distance of 51.19 feet to the point of beginning of the
line to be herein described; thence South 12 degrees 33 minutes 06 seconds
West 201.46 feet; thence South 63 degrees 06 minutes 37 seconds West 114.87
feet to a point on the south line of said Lot 2 said point being 193.37 feet west
of the southeast corner of said Lot 2; thence North 88 degrees 50 minutes 37
seconds West along said south line 257.23 feet and there terminating.
1
The sidelines of said strip being lengthened or shortened to intersect the north
line of said Lot 2 and a line drawn to the north and at right angles to the south
line of said Lot 2 from the point of termination.
(the "Easement"), said Easement being set forth more fully in the certain easement document filed
1'$ 90 [ at the offices of the Hennepin County Recorder, and
WHEREAS,the Property is suitable with the governing watershed district, 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 Easement and observing all Drainage Laws
governing the operation and maintenance of the Easement. The Developer shall provide the City
with a schedule acceptable to the City for inspection of the Easement 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 Easement, 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 Easement, 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.
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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:
To the Developer: 5010 Associates
5010 Hillsboro Avenue North
New Hope, MN 55428
Attn: Robert Olson
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.
5010 ASSOCIATES, a Minnesota
general p. 1- -,:s p
,,
By: ///
s: eneral Partner
3
1,
CITY OF NEW HOPE, a Minnesota
municipal corporation
By: i /
W. Peter Enck
Its: Mayo
BY• /L!A1
Daniel J. ':i . 1 ue
Its: City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this /OZ.day of ,
2002, by^ k'o L erf 5. 0/s o ry , a General Partner of 5010 Associates, a M. eso general
partnership, on behalf of said general partnership.
./22-tyt4
Notary Public
(Notary Public Seal)
•
MEYER RR
NoWy Pt114,
i: Unbent'
i` Is of
E1,
2007
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this k? day of
2002, by W. Peter Enck and Daniel J. Donahue, the Mayor and City Manager of the 'ty of New
Hope, a Minnesota municipal corporation, on behalf o said municipal c oration.
Notary Public
(Notary Public Seal)
ti ;` VALERIEJ.LEONE
•'•Y- '• NOTARY PUBLIC-MINNESOTA
l "'_• ,,, My Commission Expires Jan.31,2005
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• ,
This Document Was Drafted By:
Jensen& Sondrall, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424-8811 (99.20104)
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