45 - PC 17-04 8624 50th Ave N storm water bio-filtration basins AGREEMENT TO MAINTAIN STORMWATER BIO-FILTRATION BASINS AND
GRANT OF EASEMENT TO CITY OF NEW HOPE
THIS AGREEMENT AND EASEMENT("Agreement") is made and entered into as
of the 126 day of September,2017, by and between Northwest Church of Christ, a Minnesota
nonprofit corporation("Owner"), 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, 8624 50th Avenue North and 5016 Boone Avenue North, New
Hope,MN,PID Nos.07-118-21-13-0108 and legally described as follows:
Lots 1 and 2,Block 1,Northwest Church Addition,Hennepin County,Minnesota("Property").
WHEREAS, on February 27, 2017, by Resolution No. 2017-27,the City Council approved
Owner's request for site and building plan approval for the building expansion of the existing
building located on the Property ("Building") as set forth in New Hope Planning Case 17-04
("Plans");
WHEREAS,two stormwater bio-filtration basins(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 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 two locations of the Storm Basins on the Property as
graphically depicted on the attached Exhibit A(collectively referred to as the"Storm Basin
Areas"), in the event Owner fails to properly perform the maintenance obligations set forth herein.
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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 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
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
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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. 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 A 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.
5. Hold Harmless and Indemnification. Owner agrees 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 or Owner'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 to comply with any conditions of this Agreement,performs said
conditions pursuant to its authority in this Agreement, Owner shall indemnify and
hold harmless the City, its employees, agents and representative for its own negligent
acts in the performance of the Owner's required work under this Agreement.
6. Costs of Enforcement. Owner 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.
7. Notice. All notices required under this Agreement shall either be personally delivered
or be sent by certified or registered mail and addressed as follows:
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To Owner: Northwest Church of Christ
8624 50th Avenue North
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.
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 Registrar of
Titles in and for Hennepin County.
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.
Owner
Northwest Church of Christ,
: s0t0nr00
Minnea nration
y:
Dale E. Porter
Its: President
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
fi�
The foregoing instrument was acknowledged before me this day of
So c44 , 2017, by S)Q)e_ E. 9cdQ' , the Qrec c c-+ of Northwest
Church of Christ, a Minnesota nonprofit corporation : -t alf► -.•: nonprofit corporation.
.'a;;4;.. RYAN N1 BUESGENS Notary Pub c
NOTARY PUBLIC-MINNESOTA
$ MY COMMISSION EXPIRES 01/31/2020 4
City of New Hope,
a Minnesota municipal corporation
By: *t'k
Kathi Hemken
Its: Mayor
By: �\� l-�
Kirk McDonald
Its: City Manager
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) p
The foregoing instrument was acknowledged before me this /0 day of
.tiPten11214 , 2017, 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.
'VALERIE J LEONE
Notary Public-Minnesota i9e a
•:A My Commission Elgoires Jan 89,2020 l
Notary Public
Drafted by:
Jensen Sondrall Persellin & Woods, P.A.
8525 Edinbrook Crossing, Suite 201
Brooklyn Park, MN 55443
(763)424-8811
5
EXHI II IT A
C i''APIFE[C DEPICTION OF STORMWATER B110-IFILTI!'.ATION I;:ASINS
See attached.
P:1Attorney\SAS11 Client Files12 City of New Hope199-21704-NW Church of Christ-Site Plan Review\Stormwater Maintenance and Easement
Agreement.docx
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