29 II 11 11 1 I
Doc No T05190421
5'06 Bene- •
Certified, filed and/or recorded on
Aug 7, 2014 1:51 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
/) Martin McCormick, Registrar of Titles
0 ► 11✓l Ayld , i i 4 Mir Mark Chapin, County Auditor and Treasurer
Deputy 40 Pkg ID 1139453C
• Doc Name: Agreement
Document Recording Fee $46.00
Document Total $46.00
•
Existing Certs New Certs
1379821 •
This cover sheet is now a permanent part of the recorded document.
AGREEMENT TO MAINTAIN STORMWATER DRAINAGE BASIN AREAS
THIS AGREEMENT is made and entered into as of the day of,42sf 4 ,
2014,by and between Marvin Development IV LLC, a Minnesota limited liability compahy
("Owner"), and the City of New Hope, a Minnesota municipal corporation("City") and
consented to by Border Foods, Inc., a Minnesota corporation("Tenant").
WITNESSETH:
WHEREAS, Owner owns certain real property located in the City of New Hope, County
of Hennepin, State of Minnesota, 5425 Boone Avenue North, P.I.N. 06-118-21-34-0019, which
is Torrens property legally described as:
The North 300 feet of the South 639.88 feet
(as measured along the East and West line thereof)of
Lot 2,Block 2,except the North 75 feet thereof,
Science Industry Center,Hennepin County,Minnesota.
("Property")
WHEREAS, certain stormwater drainage basin areas (collectively referred to as "Storm
Basins")shall be constructed by Owner on the Property.
WHEREAS,the purpose of this Agreement is to ensure Owner's and/or Tenant's
performance of regular maintenance of the Storm Basins.
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. Construction and Maintenance of the Storm Basins. Owner and its successor or
assigns as fee owner of the Property shall be responsible for constructing,
Page 1
maintaining, operating, and repairing all portions of the Storm Basins as graphically
depicted on the attached Exhibit A as outlined below:
a. Remove litter, debris, and accumulated sediment from the Storm Basins,
including inlet, outlet, and/or pretreatment structures.
b. Storm Basins shall not be used to stockpile snow, or for snow catchment areas
off from parking lots because of sediment accumulation.
c. Maintain the integrity and viability of the Storm Basins,including all native
perennial vegetation, in a way which does not compromise the effectiveness
of the design. All established vegetation should be checked for survival and
replaced as quickly as possible with similar plant species.
d. Control weeds and noxious species. This can be done with spot spraying,
weeding, or selective cutting.
e. Water all plants to maintain an adequate supply of moisture in the root zone.
An adequate supply of moisture shall be considered 1 inch of absorbed water
per week either through natural rainfall or augmented by periodic watering.
Apply water at a moderate rate so as not to displace the mulch or flood the
plants.
f. Further, Owner and its successors or assigns, shall meet all of the
requirements of the City's MS4 permit relating to the System and comply with
all structural storm water best management practices (BMP's) as determined
by the City.
2. Schedule of Maintenance: Owner shall inspect and maintain the Storm Basins,
including all inlet, outlet, and/or control structures, twice a year. Inspections and
maintenance shall be completed in the Spring and Fall. Owner's representative shall
make all such scheduled inspections, keep record of all inspections and maintenance
activities, and submit such records to the City within two (2) weeks of each such
inspection. The cost of all inspections and maintenance shall be the obligation of
Owner and its successors or assigns as the fee owner of the Property.
3. City's Maintenance Rights. Owner acknowledges and agrees the City may
maintain the Storm Basins, as provided in this paragraph, if the City reasonably
believes that Owner or its successors or assigns have failed to maintain the Storm
Basins in accordance with this Agreement or applicable Drainage Laws and/or
BMP's, and such failure shall continue for thirty(30) days after the City shall give
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 Property to perform such maintenance tasks or may remove the
Storm Basins in its entirety. In such case, the City shall send an invoice of its
reasonable maintenance or removal costs to 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 to an emergency, as determined by the City Engineer, the
thirty(30) day notice requirement to Owner for failure to perform maintenance tasks
shall be and hereby is waived in its entirety by Owner, and Owner shall reimburse the
Page 2
City for any expense so incurred by the City in the same manner as if written notice
as described above has been given. Periodic City inspections may be conducted by a
City representative at no cost to Owner. Owner agrees the City may levy and collect
its maintenance costs as a special assessment against the Property's real estate taxes
in the event the City fails to receive payment of the maintenance costs in accordance
with this paragraph. Owner further agrees the maintenance costs incurred by the City
per this paragraph result from the City's elimination of a public health or safety
hazard from private property per Minn. Stat. §429.101.
4. Hold Harmless. Owner and Tenant agree to indemnify and hold harmless the City
and their agents and employees against any and all claims, demands, losses, damages,
and expenses (including reasonable attorneys' fees) arising out of or resulting from
Owner's, Tenant's or Owner's or Tenant'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, it agents or
employees to take any other prudent precautions. In the event the City,upon the
failure of Owner or Tenant to comply with any conditions of this Agreement,
performs said conditions pursuant to its authority in this Agreement, Owner and
Tenant shall indemnify and hold harmless the City, its employees, agents and
representatives for its own negligent acts in the performance of the Owner's or
Tenant's required work under this Agreement,but this indemnification shall not
extend to intentional or grossly negligent acts.
5. Costs of Enforcement. Owner and Tenant agree 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.
6. Tenant's Consent and Guaranty. For valuable consideration,the Tenant of the
Property consents to the terms and conditions contained herein and agrees to abide by
the terms and conditions and guaranty the performance of such terms and conditions
by Owner.
7. Notice. All notices required under this Agreement shall be sent by certified or
registered mail and addressed as follows:
Page 3
To Owner: Marvin Development IV LLC
5425 Boone Avenue North
New Hope, MN 55428
Attn:REAL Sox-Peps.
To Tenant: Border Foods, Inc.
5425 Boone Avenue North
New Hope, MN 55428
Attn: REAL- 55 ht'E
To 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.
8. Successors. All duties and obligations of Owner under this Agreement shall also be
duties and obligations of Owner's successors and assigns.
9. Effective Date. This Agreement shall be binding and effective as of the date hereof.
10. Recording of this Agreement. Once this Agreement has been fully executed, it shall
be delivered to the City Attorney for recording with the office of the Hennepin
County Registrar of Titles.
11. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original,but all of which together shall constitute one and the
same instrument.
IN WITNESS WHEREOF,we have hereunto set our hands and seals.
Page 4
Marvin Development IV LLC,
a Minnesota limited liability company
By:
Its: Chief Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
Av6vs r , 2014,by (,es r----3(6-?,, , the Chief Manager of Marvin
Development IV LLC,Minnesota limited liability/ ompany, behalf of said limited liability
company.
rotary Public
NOTARY PUDUC
STATE OF fes'„9CaEESOTA
7 ;,..r Mrc E .Yc39-X19-2013
Border Foods, Inc.,
a Minnesota corporation
By:
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1'9. day of
r , 2014,by `040-1 !4.'2e(rciesn:, , the President of Border Foods, Inc.,
Minnesota corporation, on behalf of said corporation. sa`vp
k„ r
BaattIea Aeln ScOln.ideQ
r s EOTAM PUBLIC Notary Public
STATE OF VINNESOTA
Y My cwvccdssion Expir®a 9-39-2015
Page 5
City of New Hope,
a Minnesota municipal corporation
r
� r
By: �:y `f �
Kathi Hemken
Its: Mayor
By: --VH-7. 1
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
gL .t. , 2014,by kaki I:/ ,nkt.rt. and
v z. %'/jc ju L((1 , the Mayor and City Manager of the City of New Hope, a
Minnesota municipal corporation, on behalf of said municipal corporation.
&-61-2-14-CeLne.
Notary Public
�i•'—;fir±3'��JJ9erl—r/_'rJ.l_/?/'..t/lJ.l�/.?/llJJ�
ti 4:4, VALERIE LEONE
Drafted by: t, NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan.31,2015 S
�l1�rJf���1.< rfrr.�sfl.,ti
JENSEN SONDRALL &PERSELLIN,P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763) 424-8811
Page 6
EXHIBIT A
GRAPHIC DEPICTION OF STORMWATER is ASCNS
See attached.
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Page 7
e.2014 6%6M Prue ssenal Eny curers,Inc. All rights reserved.This...ere is an nal.ument of se race and is the property of 81q1 Prolesuone l Engineers.Inc.and may net be used or copied vnlh0rA prior wrtten cencenl.
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BORDER FOODS RN x'40315
ENGINEERS0BlooI 5425 BOONE AVENUE NORTH c catuY ETC
5830 Brooklyn Boulevard CHECKEDEW TJC
Minneapolis,MN 55429-2518
Phone.P53)843-0420Fac Issued For
ekhrnm PROPOSED DRAINAGE AREA MAP EX