44 - PC 16-10 9101 Science Center Dr stormwater filtration basin maint agrmt AGREEMENT TO MAINTAIN STORMWATER FILTRATION BASINS, PONDS &
CATCH BASIN AREAS AND GRANT OF EASEMENT TO CITY OF NEW HOPE
THIS AGREEMENT AND EASEMENT ("Agreement")is made and entered into as
of the /S f day of Wo (/. , 2016,by and between Avtec Properties, a Minnesota
general partnership("Owner"),Avtec Finishing Systems,Inc.,a Minnesota corporation("Tenant"),
and the City of New Hope, a Minnesota municipal corporation("City").
WITNESSETH:
WHEREAS, Owner owns certain real property located in the City of New Hope, County
of Hennepin, State of Minnesota, 9101 Science Center Drive, New Hope, MN, PID No. 07-118-21-21-
0004 and legally described on the attached Exhibit A("Property").
WHEREAS,Tenant leases the Property where it operates a metal finishing business; and
WHEREAS, on June 27, 2016, by Resolution No. 2016-94, the City Council approved
Owner's request for site plan approval for the building expansion of a 25,388 square foot addition to
the existing building located on the Property ("Building") as set forth in New Hope Planning Case
16-10 (hereinafter"Plans");
WHEREAS, stormwater filtration basins,two(2)ponds,sump structures and catch basin
areas(collectively referred to as the"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;
WHEREAS,as part of this Agreement,Owner shall convey to the City an easement over
the Property for access to maintain the multiple locations of the Storm Basins throughout the
Property as graphically depicted on the attached Exhibit B(collectively referred to as the"Storm
Basin Areas"), in the event Owner fails to properly perform the maintenance obligations set forth
herein.
1
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,
maintaining, operating, and repairing all portions of the Storm Basins as graphically
depicted on the attached Exhibit B 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
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 weeks 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 Storm Basins and
comply with all structural stormwater best management practices (BMP's) as
determined by the City, and observe all applicable drainage laws governing
the operation and maintenance of the Storm Basins.
2. Schedule of Maintenance: Owner, at Owner's sole cost and expense, 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
2
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 their 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 of 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
City for any expense so incurred by the City in the same manner as if written notice
as described above had 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. Grant of Easement to City.
a. Owner does hereby grant,bargain and convey unto the City, its successors and
assigns, forever, a permanent easement including full and free right and
authority to enter upon the Property to reasonably access the Storm Basin
Areas graphically depicted on the attached Exhibit B to maintain the Storm
Basins constructed thereon,in the event Owner fails to do so ("Easement").
The Easement shall continue forever as a permanent Easement over,under
and across the Property and the City shall have the right to make such use as is
reasonably necessary and advisable in the maintenance of the Storm Basins, in
the event Owner fails to abide by the maintenance terms set forth herein.
b. As a precondition of the City's right to enter the Property to perform work
pursuant to the City's authority under this Agreement, the City shall maintain
a policy of comprehensive general liability insurance, with commercially
reasonable minimums for liability and property damage,which insurance
provides coverage for any liability incurred by the City or its employees,
agents, contractors, representatives, guests, or invitees while upon the
Property.
5. Hold Harmless and Indemnification. 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 attorney's fees)
arising out of or resulting from Owner's and 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, its 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,
3
Owner and Tenant shall indemnify and hold harmless the City, its employees, agents
and representative for its own negligent acts in the performance of the Owner's or
Tenant's required work under this Agreement.
6. 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.
7. Tenant's Consent and Guaranty. For valuable consideration,Tenant 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.
8. 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 Owner: Avtec Properties
2929 1st Avenue South
Minneapolis, MN 55408
To Tenant: Avtec Finishing Systems, Inc.
9101 Science Center Drive
New Hope, MN 55428
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.
9. Successors. All duties and obligations of Owner under this Agreement shall also be
duties and obligations of Owner's successors and assigns.
10. Effective Date. This Agreement shall be binding and effective as of the date hereof.
11. 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 Registrar of
Titles in and for Hennepin County.
12. 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.
4
IN WITNESS WHEREOF,we have hereunto set our hands and seals.
Owner
Avtec Properties,
a Minnesota general partnership
By: t ( &. ‘+
Its: G.. Pa.�.r�a�
STATE OFtill y 53,En
)ss.
COUNTY OF.HE>`NEPI 9 3 4-n-
The foregoing instrument was acknowledged before me this aldi1/4day of
OC ' '( , 2016, by -) r , ),; -, , the '` of Avtec Properties,
a Minnesota general partnership, on behalf of said general partnership.
JULIE SANDBERG Notary Public
Notary Public-Notary Seal
State of Missouri,Christian County
i
Commission#16256734
4
My Commission Expires July 14,2020
5
Tenant
Avtec Finishing Systems, Inc.,
a Minnesota cor r s ation
I ,I
By: Zr ✓ �.
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this �j da of
Y
mer , 2016, by pE. 1,0 At-bo, the CM) of Avtec Finishing
Systems, Inc., a Minnesota corporation, on behao aidzcorp r tion.
C J
Notary Public
�tMESTr CHINN HANUMAN
sTj = Notary Puhiic
• WF► iS. =, State of Minnesota
mss;. My Commission Expires
•
January 31, 2018
6
City of New Hope,
a Minnesota municipal corporation
By: Ike
Kathi emken
Its: Mayor
C.\\(\
By:
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
y� The foregoing instrument was acknowledged before me this ..,2/j-/- day of
/ AVO.41/04/ . , 2016,by Kathi Hemken and Kirk McDonald, the Mayor and City
Manager of the City of New Hope, a Minnesota municipal corporation, respectively, on behalf of
said municipal corporation.
"LC--
Notary Public
Drafted b ��,�
y: "'" VALERIE LEONE
5,y NOTARY PUBLIC.MINNESOTA
Jensen Sondrall Persellin & Woods, P.A. {t(�� , iVi1tCommission Expires Jam 31,2320
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763)424-8811
7
EXHIBIT A
Legal Description
See attached.
8
-
•
u,i .- ,..= J = .:i54 :-:•-10:4.-.70-T7,.,-77,..:::1-7:, o-1u r' - Y3y- -T_d -0y 1,�7 . w- '.01i(Kg•� K. q.`t % u �� sS
^.Svrimza-
3a:`
f! fti `rOj:w•i:. . n _ A �N ` �
_
•;5-fc_kY
;i+ J,F::•. -s.. m.•f..=..,,a,, : l.• r;; ;:'fr•:d_
:
r`
°y1 4;3-3:
_
i
... . Ci` • br=:
�^k: 1_;�
w41.
z:
,
_ter.,.,;1tf p•:;'.)rwS' +:•� ; 1•,:: c"�en��v�-:: •a.'�l h:M_raug4•.:.r%-�iy .yy; �Sy-3._l' ' tF::'. _-: C,:..a'`i.:;: F:;. �}.;Ji�T.:::fY:iW :�i �
. A � .w ,::%:j +;'qnx._:..•[::_.I::::""-:.ws tl..r ' r,Z :••?•F.< . .fr.r._Jf. 7:. .� •3'_r•+J .7 -'- ::.o�°�.: . . .F
,!�TB; - . °.!-J . h .. f 1,7. :- . irr .. .,�
• :.r-j:a: t,.f :y r . { rY: -v .! _ . - - ' tit..0 -prjy 8x - - f' wr
•
•
yJ F.:+rS - a �: . - ' 1Cr:YFt Y. IC:�
i ' • :�. :•2y�O
Y
r
Y.°
is
•
_ - :(.:•i dila
..t�'. Wit`: '.(• y • •
E
R -
.s .�ti" CENTER,
d r3.bidr:: ,, r i,ni}n� t •'� ;iK_t:waik:•-•••'''','::the t!+ '1>i rie of flat :'f:
.ftiw ��ri,: c,�r.a:.,Y•:w $;c,k-•:.xr 'inx' .:-•:.••••• s:_ .I -+'.: -:':£k:i:.:wr. cn •
—
rt':;.i-' .`"i#e :a:54ii �: ,Ireis%.°th :.•ao$t;,::Easterl 'ero,'n r _ �Y f
..d,r .- 4 �a,51J'i:.r :i i- Y, •war '•.7.:A: �°. i:J,:�; :.•:::-;4::"...: -.4
'<y:r: ..,+ ).'>:�.i''�:"t•Y "{.F"ris<. •fir �.z.•F•>=.,,• ::jq .c,;. :�T - _ s
- Cif =t��'�`_�.ii!"��•1`i-:;ft �C/N'!� �'iI•° _':,at:--tY d;:C'onCt t0 ��`:._
..�: ..�'^ 'so-••: t. :>!. ':.C`` .. aCF3-` ��
a, i... J_- `YJ
V ��: `:Mh 'CIS ��• '
�lr'ir�;. <a"�r' i• f� 'a iii'! : '-fadt i�ti�
his B...i:. wd. .�.. :�:_
.f _
'!":fib
.4F�
A'� -
- - •::iii..
q y_.
4�.
y
`..,�� -
'� �s='' int.:,�_..,.•.
r
'�airt s"=t ": tiF ��I� oaf tri•;saiYd�° YreNi�.
'dn3 f>' • ..��! 5.. d'� ;ivy•.. .,� ti' 4. ..� -
�! �i� �f .`cr:�-
:u1tT/11-11i.::•::ri '='Eii�t~•. ..:.:!..-:.,...:-1.:.../..-..,,,-..•,,,,.. .', . t':,,.„.„.:,....,:,,...,,;.,-„..,..,,,,,.„.4.:.,,,...
.,. .,.til •obr,...!...,..,........,s
rt'::o 'saltl :Lot'•
,r:a�• s . . ': s _ :I+ls. ,.Y•.. .•'
�,L K• •
�t:o�:.sn6�.ter`it•�rr<ssdt:��oi�i'�=:�if��1+-;`:tlid,••N�o*tti ..t:��iw:`:o ..< l+%',8ostl•"�'� id�'.'. t':: ..'t
"`�a�i-d... ='� .i�:' t: g"i�l :'�4i1` Nerd! •
, ,
-*ems ::,o :: �a a t:o#:'•� a ti f sl titic bf :;�3,3z . i«-ia a:.:,t miss;:=:.;toy..:; :: ' .,
r' M=Mita. -.ling If.,0 i'•f eet i"';`; -:••g0.,-Z-4,::
'`'��y.,4'rr#fr �•diI';:with'�'a�`'ei*�v�wdi� wrr:.�iral���i':
- ::.....
:.I+i;on t�+� tai �,�#�*�-ii ''th� ��b : ���-Setti�: � �..aw:
r'-^.-sK^ .�c:�':s:::;:. '.
::::i.•.' ' -
^'C
i
- •out iS —to :: < J � �w .yt :t'; :.aIu . andLts-: t riu-it:iori s ,:.- -.1,•-•
. - : t`o snr1£riter...tion7 with.`- Miii*iiittiline. ofsaid..r'Loti :th ncr_ :y; : : ia'•,-.
! ' l�liit �1" F- „skf - ch°� ..iiI"f•tio'�tf 'tilb!-ti'ii' �• r . t :�.i •
! . •' :secoi.$r tieiiia' rwebrd.id' lat:the,reo.f -4iiii fr.}itu ti:T1 ' ' 1 k.(' ,
•J :Hnr�yiYt'; o untyI` .1E144 4.60i.
,�.:: ' :4'
p �: .
--- r ' - e { • ` � ��ti ' � f4:24 11
_ er.
�J
�i � � � �tord rand ss= is vaer � dy + �afsc:t! t 2 - P
I!tiiJ.,`: .,...•?;-: , ' _ �'1
tr... • _ '�'”' a
`iEr �I 3. ih ::1 . .
l, 4' � '#i�IEI�:�':1ti1QLISfI�Y :C� T� �-: Y. 0:': ,•r�.
•:�ha�:'-'•r��-::�f''-�Lbt .� .Nook 1 .�,,•,-a.r2:.: •'s}::; �y?r.
1:1-�.. _ r 1. ofCur ;iiir_'i fi';f °;'a.:•. i nt.::on thii= Nth :i i re o'f
,•�:. •t:
EXHIBIT B
GRAPHIC DEPICTION OF STORMWATER CATCH BASINS
See attached.
P:\Attorney\SAS11 Client Files\2 City of New Hope199-21610 Avtec Finishing Systems,Inc.Site Plan\Stormwater Maintenance and Easement
Agreement.docx
9
ma
E 03
e
e# l• '�
�__ '� t�➢ a d W
�� d..K C/] J
� ‘.1.! � Ily #.
li
X .gg c aynr\ Now; G 1*-.
- FF-ev LA 3I s4- ,44 ILD.
ih i �k � J :g a Fig / s 1 a—
is �.
ei=Y ; SI i I! aili li.E
€ , ;^-J m S. •. :. gh, U ggiVi 0.0
.,sem
i'l 16/1a ti iii
L -_
Pi �'' t� � �t
I. — Ili
.
(� / I Q1, a1
a# Iti .., ri)i'� :IIS,. _— �9 3
1.
z
IN d`{ 1y ei Li .li , "
am // • _ F, —Id
r�� M 1 i
' -- .-Dl•? 1 _ ; Y I -,— 7 o
::---I i a 1z a .--_'., : SSS I — i
egI 1 sa �J"���� o Y
,t € � '%'� x . 2 I 1.
3 6
-1- 1.,',----„,--- 1,*; I, 1 z 1 ; E6
4 • li I p
7 'ate t _ ••
l V
MI.a p 9iSSD. .- ` • R Q' `'1-
e `''�ti�as•a '� :�_ _ g. \\`,\{j•� it °z
i 1 i
1 i phi . �;
�1. 1lIll i E 1
Fs
'[!'.
i5
�tl W 1 t —
�i i I
II
e a
1 1 -' L_ 65''45 M_90,f4105 j
1
1 -jam rzl ,S gyy h)
MON a i€