Storm Sewer Pond Agreement STORM SEWER POND AGREEMENT
THIS AGREEMENT made and entered into this 21`2F day of 769,ecN
1993, by and between Norwood Square, Inc.. a Minnesota nonprofit
corporation , hereinafter referred to as "Owner" of the below-described
property; and the City of Fridley, a Municipality under the Laws of the State of
Minnesota, hereinafter referred to as "City."
(PROPERTY DESCRIPTION HERE)
Lots 1-16, Block 1, and Lots 1 and 30, Block 2, Norwood Addition to Fridley
Park, together with vacated streets and alleys.
WHEREAS, the City has required the Owner to provide on-site detention
ponding to accommodate storm water and the rate of flow of area run-off, and
WHEREAS, the Owner agrees to construct a detention pond on the above-
described property and do all related grading, slope work and restoration,
including installation of pipe as approved by City.
NOW THEREFORE IT IS AGREED AS FOLLOWS:
1. Owner assumes the full and sole responsibility for the condition,
operation, repair, maintenance, and management, at no cost to City, for
an on-site Detention/Retention Pond Storm Sewer System ("System") that
meets generally accepted engineering standards for the purpose of
receiving, retaining, and transporting all storm sewer water that may be
collected within the System. Owner assumes the responsibility for any
surface restoration due to utility work within City easement areas. All
restoration shall be at the expense of Owner.
2. City shall not under any circumstances by responsible for the ongoing
physical performance of any repairs, changes, or alterations whatsoever
to the System and appurtenances, and City shall not be liable for the cost
thereof.
3. Owner agrees, at no cost to the City, to regularly: (1) maintain and cut all
grass; (2) maintain and trim all other shrubs and vegetation; (3) remove
all liter and debris; (4) repair or replace any grass or other vegetation; (5)
maintain the outlet structure; (6) maintain any pipe system; and (7) take
all other and further steps that would be reasonably necessary for the
purpose of maintaining a quality level of landscape care consistent with a
residential development.
4. Owner agrees to indemnify and hold harmless City from any action and
against any damages that Owner may sustain as a result of the
construction and maintenance of the System located on Owner's property.
5. Owner's obligation to indemnify and hold City harmless in paragraph 4
above includes an obligation on the part of Owner to defend City in any
actions that may be brought against City and as to which Owner has
agreed to indemnify and hold harmless City as set forth above.
6. In the event that City determines that Owner is not maintaining the
System in a fashion consistent with the Agreement, then City shall give
written notice to Owner detailing the deficiency in the manner in which
Owner is maintaining the System. If ten (10) days after receipt of this
notice the deficiency described in the notice has not been corrected by
Owner, then City may without further notice take any steps that it deems
reasonably necessary in order to correct the deficiency. Owner agrees to
reimburse City within thirty (30) days of receipt of invoice for all costs
incurred, to include Administrative overhead by City in correcting the
deficiency. If this invoice is not paid within thirty (30) days of receipt,
Owner agrees that City may assess the cost against Owner's property.
7. The parties hereto acknowledge that Owner is not the owner of the
property but will be purchasing the property and that this Agreement will
be binding upon the Owner upon acquisition of the property.
8. Any notices required under this Agreement shall be sent by certified mail,
return receipt requested, or by personal service at the following address:
Norwood Square, Inc.
328 Kellogg Boulevard West
Saint Paul, MN 55102
FURTHER, IT IS AGREED that the provisions of this Agreement shall be binding
upon and enforceable against the parties hereto, their successors and assigns
and all subsequent owners of the property here described. An executed copy of
this Agreement shall be filed with the Anoka County Recorder's Office and made
a part of and be binding upon the above described property.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
1 day of , 1993.
NORWOOD� �
SQUARE, INC.
By: C
Its: {cam tcec i �e-
CITY OF FRIDLEY
By: //
irector of Public Works
State of Minnesota )
) ss
County of Anoka )
The foregoing instrument was acknowledge before me this_—7\ day of
maick\ , 1993, by C�n,�.C.�l-'.?«r-�-;c-c., the 6€c
of Norwood Square, Inc., a Corporation under the aws of Minnesota, on behalf
of the Corporation.
State of Minnesota ) 4014- BARBARA J.ERICKSON
NOTARY PUBLIC—MINNESOTA
SS DAKOTA COUNTY
County of Anoka ) My Commission Expires Mar. 19, 1995
It
The joregoing instrument was acknowledged before me this 2 12P. day 44m/of
, 1993, by John G. Flora, Director of Public Works of the
City of Fridley, a public body and corporate politic under the laws of Minnesota,
on behalf of the City of Fridley.
(2/This instrument was drafted by: , i
City of Fridley
Y
6431 University Avenue, N.E. CLYDE V.MORAVETZ
Fridley, MN 55432 NOTARY PUBUC-MINNESOTA
*cameo.Ja 24,1994
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