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18 1111011 RHIN 11 11101 Doc No T4942906 Certified, filed and/or recorded on 4/6/12 2:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 45 Pkg ID 791445C Doc Name: Agreement Certified Copy of any $10.00 document Document Recording Fee $46.00 Document Total $56.00 Existing Certs New Certs 1322555 STATE OF' NNESOTA,COUNTY OF HENNEPIN Op '' •,,� Certified to be a true and correct copy of the • _=��. •' 011.6pN,T�R+ original on file and of record in my office APR 0 2017_. MART MCCORMICK,ACTING - , tTY RECO'o. R/REGISTRAR OF TITLES � ^ ''`2 COU FA��COUP. ... ` B �,1 f `�1 Deputy I't, This cover sheet is now a permanent part of the recorded document. AGREEMENT TO MAINTAIN EASEMENT THIS AGREEMENT is made and entered into as of the -1 day of February, 2012,by and between Holiday Stationstores, Inc., a Minnesota corporation("Owner") and the City of New Hope, a Minnesota municipal corporation("City"). WITNESSETH: WHEREAS,the Owner owns certain real property located in the City of New Hope, County of Hennepin,State of Minnesota, commonly known as 9456 Medicine Lake Road, legally described on Exhibit A attached hereto (the"Property");and WHEREAS,the Owner has granted to the City certain drainage easements over a portion of the Property legally described on Exhibit B attached hereto (the"Easements"),said Easements being set forth more fully in the certain easement document filed as Doc. No. s ;.=r S with the Hennepin County Registrar of Titles;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 set forth in the above-referenced agreement; and; WHEREAS, the City has given approval to the Easements subject to compliance by the Owner 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: Page 1 1. Maintenance of the Pond. The Owner 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 Owner shall comply with the following schedule in regard to the inspection of the Easements and outlet control structure. The Owner's field engineer shall make all such scheduled inspections,keep record of all inspections and maintenance activities, and submit such records semi-annually to the City in an electronic format.The cost of all inspections and maintenance, including skimming and cleaning of the Easements, shall be the obligation of the Owner and its successors or assigns as the fee owner of the Property. 2. Schedule of Pond Maintenance.The Owner shall inspect the pond and outlet control structure twice a year, spring and fall of each year. Additionally,the manager of the facility shall notify the Owner if water or sediment builds up in the pond area in the interim between official inspections and the Owner's engineer shall be notified. 3. City's Maintenance Rights.The City may maintain the Easements, as provided in this paragraph, if the City reasonably believes that the Owner 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 Owner written notice of such failure. The City's notice shall specifically state which maintenance tasks are to be performed.If Owner 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 Owner 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 of an emergency, as determined by the city engineer, the thirty (30) day notice requirement to the Owner for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Owner, and the Owner 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. City hereby represents to Owner, its successors and assigns, that as of the date hereof, (i) the Easements and the outlet control structure have been constructed, installed and maintained in the manner required by this agreement, and (ii) City knows of no default, nor any facts, circumstances, acts or omissions which,with the giving of notice or the passage of time would constitute a default by the Owner or its predecessors in interest with respect to the Property under this Agreement or any other agreements pertaining to the Easements or outlet control structure. t j 4. Hold Harmless.The Owner 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 Owner's or the Owner's agents or employees'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 — Page 2 1 1 review, made or not made by the City,its agents or employees or failure by the City, it agents or employees to take any other prudent precautions. 5. Costs of Enforcement.The Owner agrees to reimburse the City for all reasonable costs incurred by the City in the enforcement of this Agreement, or any portion thereof,including court costs and reasonable attorneys' fees. 6. 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 Owner: Holiday Stationstores, Inc. 4567 American Boulevard West Minneapolis, MN 55437 Attn: Real Estate 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. 7. Successors. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner's successors and assigns. This Agreement shall run with the land. Owner shall only be liable for the obligations and liabilities accruing under this Agreement during the period of Owner's ownership of the Property, and upon a transfer of fee interest in the Property or any part, the transferring owner shall be released from all obligations and liability under this Agreement accruing on and subsequent to the date of such transfer as to such transferred property. 8. Effective Date. This Agreement shall be binding and effective as of the date hereof. Page 3 Holiday Stationstores, Inc. By: ����'�-- / i, j � Name: Lynni1vl. Anderson Its: Assistant Secretary STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ;-,1/5" day of ,2012,by Lynn M.Anderson,the Assistant Secretary of Holiday Stationstores Inc., a Minnesota corporation,on behalf of the corporation. LYNN M.LOGUE / Notary Public-Ilisoneeota My Commission ExpirasJmn 31,2015 Noiary Public Page 4 CITY OF NEW HOPE, a Minnesota municipal corporation By: ^ 61/ Its Mayor By: Its City Manager STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ‘.211-3 day of , 2012, by 71- (4-6.11.4_. 2-#2/vt-keand /4/6. M4 f.a_M the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public VALERIE LEONE NOTARY PUBLIC-MINNESOTA Nty Co i .n •1 IV Page 5 EXHIBIT A TO AGREEMENT TO MAINTAIN EASEMENT PROPERTY (New Hope, MN) The South 207 feet of the West 134 feet of Lot 5; the South 207 feet of the East 66 feet of Lot 6;Block 7 Howland's Heights Hennepin Co. Minn., according to the recorded plat thereof, Hennepin County, Minnesota (Torrens property) Page 6 EXHIBIT B TO AGREEMENT TO MAINTAIN EASEMENT EASEMENT AREA (New Hope, MN) That part of the South 207.00 feet of the West 134.00 feet of Lot 5 and the South 207.00 feet of the East 66.00 feet of Lot 6,Block 7,Howland's Heights Addition according to the plat on file and of record in the Office of the County Recorder, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said South 207.00 feet of the East 66.00 feet of Lot 6, Block 7,Howland's Heights Addition; thence North 00 degrees 21 minutes 46 seconds East • assumed bearing along the West line of the South 207.00 feet of the East 66.00 feet of Lot 6,Block 7, Howland's Heights Addition a distance of 7.00 feet to a found cast iron monument and the point of beginning;thence North 89 degrees 57 minutes 11 seconds East a distance of 9.00 feet; thence North 00 degrees 21 minutes 46 seconds East and parallel to said West line of the South 207.00 feet of the East 66.00 feet of Lot 6,Block 7,Howland's Heights Addition a distance of 20.34 feet;thence North 37 degrees 03 minutes 40 seconds East a distance of 23.33 feet; thence North 22 degrees 09 minutes 52 seconds West a distance of 59.87 feet to said West line of the South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition;thence South 00 degrees 21 minutes 46 seconds West along said West line of South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 94.42 feet to the point of beginning and there terminating. (Torrens property) Page 7 EXHIBIT C TO AGREEMENT TO MAINTAIN EASEMENT DEPICTION OF EASEMENT AREA (New Hope,MN) ko _ .... ,..-- .-,T..,..K.,:s N " it.1.,,,i 'Z..) / • . 1 1 ,..= , LI ii 1 li ., r 1 ai..TC I I t t i. ..„ , :i :.t1C..R I •_:p.-•7:KLER ,y/7.! / -.,_t _,..,.._ ; ?: 1•• *A.SI-1 // `-.• i -..' l' L f' / - F.6 • . EXISTING 1—STORY 81 I I,.. BRICK BULGING I i I i I z 0 :3•JC. 1 E g I 1... -1 1,1 .1 661 C,) _ • i i 1 •4.... .t.1 II l'',.//,;;/d I 1.1 • I L . ! -FE.:CH II -: - I :j 1. . L111'10,1'1E) -1, rn....41.0 L.S 7 ,_ i • . ':, N,.,• - i g• ' a ...11 .0 2 F I . CC 00 GPO Fl:' c14.1*.: • . CI • I I CCI_.:' C.CL.:.: (XL:•.'t CGL::: r.co.r. 0 C-' I n ul 0 0 Z ••• I c..zt..:: ':,LC ?•5 (?. ,k. .' ,,c• I ,\ c.:i 1 ,.. / L . , cz) ::',,...," C:A.Nti,:• \ . z / / ., .. } EITivi•O,..:S, ...... ...:F, FF 'II'' . ;. • .:, --I .'" ...., 1....ic. ( , 1 .C.. F.:, ...:F.,0 ',.. FP FP ' , . ,... ., , . . • . i 1•.; -,eEl•.1•El:.-,140.4E111'r 1.16C , • --- . , '4../ I ji ..•:r LE in LEL 4.... N89:57"11'Z' : i.:, 1 I 11 cl cc-L.. .... .70,..r. TH LI'IE.•.F 1..:.:1" ;.1 ::. 1,2. _.- Page 8 COUNCIL I REQUEST FOR ACTION spipo elip \ Originating Department Approved for Agenda Agenda Section Community Development 8-11-03 Development & Planning Item No. By: Kirk McDonald By:( 8. 1 PLANNING CASE 03-10, REQUEST FOR CONDITIONAL USE PERMIT TO ALLOW A MOTOR FUEL FACILITY, A CONVENIENCE STORE WITH GASOLINE AND CAR WASH, AND SITE/BUILDING PLAN REVIEW, 9456 MEDICINE LAKE ROAD, SINCLAIR OIL CORPORATION, PETITIONER REQUESTED ACTION The petitioner is requesting a conditional use permit to allow a motor fuel facility, a convenience store with gasoline and car wash, and site/building plan review, pursuant to Sections 4-16(e)(4)h, 4-16(e)(5) and (7), 4-33 and 4-35 of the New Hope Code of Ordinances. The Planning Commission considered this request at its August 6 meeting and recommended approval, subject to the following conditions: Execute development agreement with city and provide appropriate bond for security (amount to be determined by building official and city engineer). 2. Comply with city engineer recommendations, including a drainage and utility easement over the rainwater garden and a execute a maintenance agreement with the city. 3. Comply with building official recommendations. 4. Comply with recommendations from West Metro Fire-Rescue District. 5. Comply with recommendations contained in planner's report including: A. Before a building permit is issued, the applicant must either provide proof that a seven-foot road easement exists along the south line of the property or that easement must be created. B. The applicant must provide the city with documentation regarding whether any site contamination exists due to current or previous uses. C. Accesses onto County Highway 70 (Medicine Lake Road) are subject to Hennepin County review and approval. Curb cuts exceeding 26 feet in width require city engineer and city manager review and approval. D. The applicant must provide information about car wash water consumption. E. Three additional Norway maple trees should be provided so that Norway maple trees are planted along the entire east property line. F. The proposed cedar fence must be designed to provide complete visual screening to a minimum height of six feet. The fence must extend at least 25 feet further south than is shown on the site plan to screen bollard lights. MOTION BY (6/J/, j SECOND BY Aleyn/r2/A j '0: add AEA 43 --/ O. I:rfa\planning\Q&R-pc03-03 woodbridge • Doc No T4929431 Certified, filed and/or recorded on 2/21/12 2:05 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 26 Pkg ID 776584C Doc Name: Easement Certified Copy of any $10.00 document Document Recording Fee $46.00 Document Total $56.00 Existing Certs New Certs 1322555 ,I I '` AMR Op STATE OF t 'JNESOTA,COUNTY OF HENNEPIN ... ...0•...�/ Certified to be a true and correct copy of the mut •'+ �NO original on file and of record in my office _ ` x+11' - FEB 21 2012 7,41 .....:.... elfDePutY This cover sheet is now a permanent part of the recorded document. c Holiday Stationstore#0411 9456 Medicine Lake Road New Hope, Minnesota DRAINAGE AND PONDING EASEMENT AGREEMENT (New Hope, MN) THIS DRAINAGE AND PONDING EASEMENT AGREEMENT (this "Agreement") is made and entered into as of , 2012 by and between HOLIDAY STATIONSTORES, INC., a Minnesota corporation ("Holiday") and the CITY OF NEW HOPE, a Minnesota municipal corporation ("City"). RECITALS A. Holiday owns certain real property located at 9456 Medicine Lake Road, New Hope, Minnesota, legally described on Exhibit A attached hereto (the "Property"). B. On August 11, 2003, City adopted Resolution No. 2003-120, which, among other things, required the owner of the Property to grant a drainage easement to City, and Holiday is willing to grant such easement on the terms and conditions of this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant. Holiday hereby grants City, and City hereby accepts, upon and subject to the terms and conditions hereinafter set forth, a non-exclusive easement (the "Easement") for drainage and ponding purposes over and across that portion of the Property legally described on Exhibit B attached hereto and shown on Exhibit C attached hereto (the "Easement Area"). City may use the Easement for reasonable natural surface drainage and ponding, and for no other purpose. Without limiting the generality of the foregoing, no building, structure, fence or other improvement, whether temporary or permanent, may be constructed, placed or maintained in the Easement Area by City. • 2. Reservations. Nothing in the Agreement shall prevent, and there is hereby reserved to Holiday, the right to drain natural surface water into the Easement Area to the extent such drainage originates on the Property, and to regulate the outflow from the Easement Area. Except for the rights expressly granted to City in Section 1 above, all rights in and to the Easement Area are hereby reserved to Holiday and, without limiting the generality of the foregoing, Holiday may use the Easement Area for all uses and purposes not inconsistent with the rights expressly granted to City. Notwithstanding any provisions of this Agreement to the contrary, the public shall have no rights under this Agreement, including, without limitation, rights to enforce this Agreement or to enter upon or use the Easement Area. 3. Notices. Any notice to be given by a party to this Agreement shall be personally delivered, sent by registered or certified mail, or sent by a nationally recognized overnight courier that issues a receipt to the address set forth for the other parties in this Section (or to such other address as may be designated by notice to the other parties), and shall be deemed given upon the earlier of personal delivery, the date postmarked, delivery to such courier or the refusal to accept such service: If to Holiday: Holiday Stationstores, Inc. 4567 American Boulevard West Minneapolis, Minnesota 55437 Attention: Real Estate Department with a copy to: Holiday Stationstores, Inc. 4567 American Boulevard West Minneapolis, Minnesota 55437 Attention: Legal Department If to City: City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 Attention: City Manager 4. Amendment. This Agreement may be modified or amended only by written instrument executed by Holiday and City. 5. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and shall inure to the benefit of Holiday and City and their respective successors and assigns. Nothing in this Agreement may be construed to limit Holiday's rights to transfer the Property, it being the intent that Holiday may transfer the Property as, when and to whom, it determines in its sole discretion. Upon any such transfer, the transferring party shall be automatically released from obligations under this Agreement arising on and after the date of such transfer. 2 6. Construction. The rule of strict construction does not apply to this Agreement. This Agreement shall be given a reasonable construction so that the intention of the parties to convey a commercially usable right of enjoyment to each respective dominant party is carried out. 7. Severability. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term shall not be affected thereby. 8. Counterparts. This Agreement may be executed in multiple counterparts, all of which shall be originals and all of which together shall constitute one and the same instrument. [Signature pages follow] fb.us.4732397.03 3 IN AGREEMENT, the parties have executed this Drainage and Ponding Easement Agreement as of the day and year first above written. CITY OF NEW HOPE, MINNESOTA By' L/. 1. Name ,;: 71-71 E ���pr7,��,-� Its LI r By- � ,��;� : � :_< :\�`. Name Kra'_ IY?d oaf et Its i 77i/146_11/41,14- STATE t 16-/"iff^rSTATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Drainage and Ponding Easement Agreement was acknowledged before me this 2 day of ,t,1.:;, , 2012, by ky,k/7,4 e,/'/n/," and !/i��%'r;;, !—i�,,;;?/�:( , respectively the 1, ,% : ��:� and `,;� : �:'„�,�? of the City of New Hope, Minnesota, a Minnesota municipal corporation, on-•'behalf of the corporation. • NOTARY PUBLIC•MINNESOTA �) Notary Public „•,,:;:. My Commission Expires Jan.31.2015 HOLIDAY STATIONSTORES, INC. By _ — ,- i,, _ .- Name: Lynn M. Anderson Its: Assistant Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing Drainage and Ponding Easement Agreement was acknowledged before me this -' • day of c ; , 2012, by Lynn M. Anderson, the Assistant Secretary of Holiday Stationstores, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public I, DfhAN EPROKO�P s - . Notary ry Pubs€c-Ert(r rresota ,kyr? °t} My C:smn;issfan ET.-fires Jen al,2015 THIS INSTRUMENT DRAFTED BY: Faegre & Benson LLP (RHP) 2200 Wells Fargo Center 90 So. 7th Street Minneapolis, MN 55402 EXHIBIT A TO DRAINAGE EASEMENT PROPERTY (New Hope, MN) The South 207 feet of the West 134 feet of Lot 5; the South 207 feet of the East 66 feet of Lot 6; Block 7 Howland's Heights Hennepin Co. Minn., according to the recorded plat thereof, Hennepin County, Minnesota (Torrens property) A-1 EXHIBIT B TO DRAINAGE EASEMENT EASEMENT AREA (New Hope, MN) That part of the South 207.00 feet of the West 134.00 feet of Lot 5 and the South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition according to the plat on file and of record in the Office of the County Recorder, Hennepin County, Minnesota described as follows: Commencing at the Southwest corner of said South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition; thence North 00 degrees 21 minutes 46 seconds East assumed bearing along the West line of the South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 7.00 feet to a found cast iron monument and the point of beginning; thence North 89 degrees 57 minutes 11 seconds East a distance of 9.00 feet; thence North 00 degrees 21 minutes 46 seconds East and parallel to said West line of the South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 20.34 feet; thence North 37 degrees 03 minutes 40 seconds East a distance of 23.33 feet; thence North 22 degrees 09 minutes 52 seconds West a distance of 59.87 feet to said West line of the South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition; thence South 00 degrees 21 minutes 46 seconds West along said West line of South 207.00 feet of the East 66.00 feet of Lot 6, Block 7, Howland's Heights Addition a distance of 94.42 feet to the point of beginning and there terminating. (Torrens property) B-1 EXHIBIT C TO DRAINAGE EASEMENT DEPICTION OF EASEMENT AREA (New Hope, MN) • . . --„. ,..... rr..,,,,,,Js ,...... 1 / DITLISSNOLLS V ' i CS. I / • .. -',...-...,, 41-- --'-'-- J . ,i, CANWAY r I I t Ecs- =NC. I f I - 1 . th ALTO t:'t E,,. II, C.A.F I SPRINKLER el" / /7- "....'":C-.. .E3 l'..' NASH '0 1•-6 I. EXISTING 1—STORY 3 I BRICK BULDING I I E,' I II z Q CONC.i Li 11 coNc. L 6 .,,kt 1 TRENCH I: Er. ._ 1 ' Alig 1 / !; 9 .:/) \ SICLMINOLE 5 II..• \ 'Jill! ,•.,At . i 0 < - .1 , \ \ _„ \ -,,.., 1 _ .1 L'q s'tCAN07... \ 0 ' 8 \t.; F. CONC. ' g E I CPO j GPO CPO CPO ( ."..\\ \ I 0 0 ° 1 i coLO -.. COLO j .Nr. COLO — CC-LO Li CONC.. [ ' 0 Z I COLO COLO COLO COL O la E? I.A., CFO GPO cz.c'N 0 i ....7t. L CANOPY ) EITJNINOUS FPO OFP CONC. FP 0 OFP ;; • ..- " - N.,.... i P 0 FP OPP 0 0 1 FP FFP FP;1 _i_ 1 ur:.W.INTATE1.3 PI1OPER1T UNC i -- —... — . !I ••.•1.I LE CONCEIV.1••• —LI CONC. N89'!:;71'11"E N89'57'111— 0, -,,..... li CONC. \ 7 SOLTH UP OF LOT!.., —--— / -, CONS. C-1 Holiday Companies „s. :„ • 4,,,,- 4,.:;;„: F LEVXP.D\BEST,BLOOMINGTON.X 35437 MAX ;;IDRESS:P.O.BOX. ' '-1 _,:!.,i-, 3. v!-.' ,:-1 1:? .1, '-'i;l'.r '. F.V- ;U-gY., .,: I OFFICE MAIL ADDRESS-P.O.BOX I 216 XE :yI 0' S.M':-,J.1:; I -=[u I v., '-, , ;'I Direct Dial: 952-830-8767 Fax: 952-830-1681 Email:dave.edquist(a�holidaycompanies.com April 11, 2012 Mr. Curtis Jacobson Director of Community Development City of New Hope 4401 Xylon Avenue North New Hope, MN 55428-4898 RE: Agreement to Maintain Easement / Holiday Stationstore #411 / New Hope Dear Mr. Jacobson: Enclosed you will find a fully-executed and certified copy of the recorded "Agreement to Maintain Easement" between Holiday Stationstores and the City of New Hope. I appreciate your assistance and patience in getting this document completed and recorded. I know that this issue has been on your desk dating back to the Sinclair ownership. Holiday enjoys being part of the City of New Hope and we look forward to continued cooperation with the City in the years to come. Sincerely, HOLIDAY STATIONSTORES, INC. . . c-2. -- OO David A. Edquist Manager of Real Estate Department Enclosures DAE/nah