24 a �
AGREEMENT
TO MAINTAIN EASEMENT
THIS AGREEMENT is made and entered into as of the / f, day of ....J ,4.
2004, by and between New Hope MN CVS, L.L.C., a Minnesota limited liability company
("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 1, Block 1, CVS Winnetka Addition
(the "Property")
WHEREAS, the Developer has granted to the City certain drainage easements over a
portion of the Property as shown on the plat (the "Easements")
WHEREAS, the Property is suitable with the Shingle Creek Watershed, and permanent
provisions for handling of storm water 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 between the Developer and the City 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 sQJhedule acceptable to the City for inspection of the Easements and outlet control structure.
The Developer shall make all such scheduled inspections, keep records 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 does 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 Easements 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: New Hope MN CVS, L.L.C.
CVS Corporation
One CVS Drive
Woonsocket, RI 02895
Attn: Property Administration
Store No. 5992
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.
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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 _
New Hope MN CVS, L.L.C., a
Minnesota limited liability compan
By:
Its Assis . ir ecretary
CITY OF NEW HOPE, a Minnesota
municipal corporatipn i.
Ey:�� � � f (11-'
Its Mayor
By:
'Its City Manager
STATE OF OHIO )
) ss.
COUNTY OF SUMMIT )
The foregoing instrument was acknowledged before me this) tU day of 4. ",l�,wrio,
2004, by Timothy Kramer, the Assistant Secretary of New Hope MN CVS, L.L.C., a Minnesota
Iimited liability company, on behalf of said compan
AM
Notary bli•
(Notary Public Seal) MARCIA JASANY
Notary Public
State of Ohio
My Commission Expires 3/1/2009
g
11,
4
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this /.;- day of (-f:,z-- ,
200`/J, by ./W2-1 (_. ( (-(i ti and /)("t,L<e-/-'- /1-)-;,,% r e t_, the Mayor and City
Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said
municipal corporation.
7 /-
Notary Public
(Notary Public Seal)
st', VALERIE J. LEC
'a `�,,�� a NOTARY PUBLIC-M. .21TA (
\ti '�`' My Commission Expires Jar,.31,2CC5
Agreement to Maintain Easement.doc
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