22 AGREEMENT
TO MAINTAIN EASEMENT Pit THIS AGREEMENT is made and entered into as of the !v(" day of July,2006, by and
between Project for Pride in Living, Inc. ("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 5445 Boone Avenue N, legally described as:
Lot 2, Block 1, Science Industry Center 5th Addition, Hennepin County, Minnesota ("Lot 2") and
Outlot A, Industry Center 5th Addition, Hennepin County, Minnesota ("Outlot A").
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
Outlot A, Industry Center 5th Addition, Hennepin County,Minnesota ("Outlot A")
(the"Easements"), said Easements being set forth more fully in the certain easement document filed
as shown on the recorded plat of Science Industry Center 5th Addition 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 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: Project for Pride in Living, Inc,
1035 E. Franklin Ave
Minneapolis, MN 55404
Attn: Director
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.
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PROJECT FOR PRIDE IN LIVING,INC,
a Minnesota n n-profit co oration
By: dfr.-04€40A
Its: Vize r'r rsi `F
STATE OF MINNESOTA )
) ss.
COUNTY OF )
Li iiv
The foregoing instrument was acknowledged before me this 1 day of July, 2006, by
Zr•b A.a IM e C n roe I -4ie 142k ,7 .f' of Pr. pct for Pride in Living,
Inc., a Minnesota non-profit corporation, on behalf of said=coiporat'in. /
N.tart' ; ire 1
e'
TERRY R.SANFTNER
x ; Notary PubIo•Mtnnesota
wiconniorrExpires J $1.200
CITY OF NEW HOPE, a Minnesota
municipal corporation
By: Aimils. V:
Its Mayor
c
By:
Its City Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledge before me this day of ,
2004, by / --lin O z,,cr-ti and z c �L--T i 1 the ayor nd City
Manager of the City of New Hope,a Minnesota munici corporation,o ehalf of said municipal
corporation. -a f � j t
(Notary Public Seal) Notary Public
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VALERIE LEONE ti
SSVii.'' NOTARY PUBLIC-MINNESOTA 1
My Commission Expires Jan.31,2010
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