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23 AGREEMENT TO MAINTAIN EASEMENT THIS AGREEMENT is made and entered into as of the Z( day of De , 2001., by and between MA5I.en( fS (LL.Lc("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 8401 54th Avenue North, legally described as: (-N' / /3toG� J Iim� s /r/G'G( e fz2i fa/ ( 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 vic7C /` DA- Cc) s„ 5ftiO / 1/ 3-- cecc-nabZ/t5ii ( IA C L.- 50, E (0„lc/ ri,e_ eyS.4.4) .vc� � 7 ov �z� aHcE 5v 11- f3�t e5 s 2Gc 'Pee- 1930D Cad-f- c.vteL A)0, 26. V1-cs S�S� o0c95 weS � 1 - 3' / ee-an .s dS j'e / 39'- GJ ie� }t-em�� cQe�/z�cs 14 /44fKvfi� ill 5 / 02 f� 3 d ee/L.ec.J 3 f3 /4-r,,,„/v- 3 3 see-a,,I� ISS<, .f v 4e7- rt, e7t n 0A/7- /,/l Ci ,/ 5,i P 1-J % t; /Acne/ SiD c.,t1/4, got deft ees 39 p i i4 „T4- 0 '7 s.ec--b, is /-) (rrr 1 5>1) /1/0.e /Z. �,� ` (the "Easem ents"), 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 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 2 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: isAth511A GcAi LC G r `i 0 Sf y i ‘4,t_ e_ AA.) 5-5-4Z� Attn: Nl 4.4c (kkcA-5 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. • 3 DEVELOPER, a Minnesota Co '►Qq.' o� By: �LA . Its:, Affiggairiv . ''\ STATE OF MINNESOTA ) 4S)C---_ ss. v COUNTY OF ) The foregoing instrument was acknowledged before me this / day of,A11,42-n,itz , 200iL, by Ma,,,./1) /7 7a Z , the b/ of f11ecA4..4c, a Minnesota -50, on behalf of said ��/ ) ( cr"`Notary Public \------,_,-.„—.20-_.:-....„A-..,,-.:„..-_-_:......,„....-----.lam( ....ai PAMELA F' ^TRO `til] NOTARY PL' _.; % k NMy Commission Expr,,3 J;:,1 ,J1U l� CITY OF NEW HOPE, a Minnesota municipal corp ration By: d I Mayor ,ci.,:k1By: Its City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The f regoing instrument was acknowledged before me this .3 day of 7))aG2.G!� , 2001, by 4,AJJ i f-1 eryl KC;1, and Kik J)JC jsvi.a/4 , the Mayor and City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. i', '" s-_,-_-_-_-_,,,,,,-; -Zit.-- . ;_. .:1 Notary Public KI--.1'. VALERIE LEONE `•;:, 1 NOTARY PUBLIC-MINNESOTA S.. �'�' -� My Commission Expires Jan,31,2010 b,t 4 HARRY S. JOHNSON Pond Easement Survey LAND SURVEYORS p� for 9063hLyng-le Ave.- So.1ox:95Bloom -884, MN. 55420 City of New Hope MN phone:952-884-5341 fox:952-884-5344 N I!l->TI I ,- -, I NLJI\ I r1 1\11_,‘,71_ I i• A Dr- (,1-n ITrnT r-�� A � ll(-\n I <C1.,.-: _,,r-f\In I vi-\1\E. UL_IV I L_I \ r\LJLJI I IVIA 1,:'-1.i -' L,;,:_VIIT - _ , i 60 AU L X ,, n M I -- -------- -A TI I n \ /r-n II Ir- N Irl L)TI I -------. " r-\ v I- 1 Fl C_I NIJL_ I N\JI \ 1 Fl a n ® 89'39'07" W 226.85 Ary...._ Ar. s asaa'oT'E \saoox r •\ {j PROPOSED PONDING DRAINAGE & I. / Y zn� UTILITY EASEMENT SCALE: 1" = 100' ZNa m41.404". ,x o ;:.}, � L; I 1 . J C t�, fl II 6' SITE LEGAL DESCRIPTION -, a L i - A Developer owned real property description: I I 11 Ba01 54TH Ncw" LIJ m I I _ Lot 1, Block 1, MASTERS NEW HOPE ADDITION, Hennepin u- L" a, County, Minnesota. O I L I m PROPOSED PONDING, DRAINAGE I 3 (-- 4c UTILITY EASEMENT Ki LOT 1 That part of Lot 1, Block 1, MASTERS NEW HOPE ADDITION, ILL] co H Hennepin County, Minnesota described as follows: -7 o G- L � �_- K 1 z Beginning at the Northeast corner of said Lot 1; thence - South 0 degrees 11 minutes 15 seconds East, on on n _ assumed bearing along the East line of said Lot 1, a -7 distance of 97.00 feet; thence South 89 degrees 29 z_ o minutes 55 seconds West, 180.00 feet; thence North 26 degrees 34 minutes 47 seconds West, 39.00 feet; thence (,) North 3 degrees 38 minutes 33 seconds East, 65.00 feet tot the North line of said Lot 1; thence South 89 degrees •=;- 39 minutes 07 seconds East, along said North line, 193.00 -`- feet to the point of beginning. O - IL r ' I 10 - >/ --- N 89'22'20" E 226.84 —.--v CERTIFICATION 8 I INII_ I AlII A LJ I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I om a duly Registered Land Surveyor under the laws of the State of of�Minnesota. Date: October 28, 2008 L ' ' , / /' Th as E. Hodorff, L.S. M /reg. No. 23677 JOB NO: 2008350.00 HARRY S. JOHNSON LAND SURVEYORS L ___Af October 29, 2008 Mark Master Master Transfer 8401 54th Avenue North New Hope, MN Re: Pond Maintenance Easement Mark, After discussing requirements with Curtis Jacobsen (City of New Hope),the following descriptions should be inserted into Pond Maintenance Agreement. Developer owned real property description: Lot 1, Block 1,MASTERS NEW HOPE ADDITION, Hennepin County, Minnesota. Proposed drainage,utility and ponding easement. That part of Lot 1, Block 1, MASTERS NEW HOPE ADDITION, Hennepin County, Minnesota described as follows: Beginning at the Northeast corner of said Lot 1;thence South 0 degrees 11 minutes 15 seconds East,on an assumed bearing along the East line of said Lot 1, a distance of 97.00 feet;thence South 89 degrees 29 minutes 55 seconds West, 180.00 feet;thence North 26 degrees 34 minutes 47 seconds West, 39.00 feet;thence North 3 degrees 38 minutes 33 seconds East, 65.00 feet tot the North line of said Lot 1;thence South 89 degrees 39 minutes 07 seconds East, along said North line, 193.00 feet to the point of beginning. Questions or additional requests please contact our office. 11you, Z- ./troAnt Thomas E. Hodorff, L.S. Harry S.Johnson Co., Inc. 9063 Lyndale Avenue South Bloomington,MN 55420 tele(952)884-5341 fax(952)884-5344 e-mail:tom(�hsjsurveyors.com website:www.hsjsurveyors.com 1-11" ;Z: ' • • _ . : - • . • . • , 1'. •!• • '4. . • e* • .}• • • ‘1. • • • • " " • • • 1;! ••• ,11- • r '1 • t f •• )!1';' - '•1.•- • • • ; 1 ••• • • r . •• •t • • • • •••'.. • . • ' • • ..