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OPERATIONS AND MAINTENANCE AGREEMENT FOR
STORMW A TER MANAGEMENT/SEDIMENT A TION PONDS AND OTHER
COMMON ELEMENTS
Between
The City of Columbia Heights
and
Park View of Huset Park Townhome Association
This Instrument Drafted by:
Hellmuth & Johnson, PLLC (NTP)
10400 Viking Dr., Suite 500
Eden Prairie, MN 55344
(952) 941-4005
OPERATIONS AND MAINTENANCE AGREEMENT FOR
STORMWATER MANAGEMENT/SEDIMENTATION PONDS AND OTHER
COMMON ELEMENTS
THIS AGREEMENT is entered into this day of (VI~ ' 2006,
between the City of Columbia Heights, a municipa corporation under laws of Minnesota
("City"), and Park View of Huset Park Townhome Association, a Minnesota nonprofit corporation,
its successors and assigns, ("Association").
WHEREAS, Huset Park Development Corporation ("Developer") has dedicated to the City
certain property within the City of Columbia Heights, County of Anoka, described as:
Outlot A, Huset Park, Anoka County, Minnesota.
("Pond Property"), upon which is located a storm water management and sedimentation pond
("Pond"); and
WHEREAS, The Ryland Group, Inc. ("Ryland") has constructed Park View Townhomes on
the real property adjacent to the Property, as legally described on Exhibit A attached hereto and
incorporated herein by reference ("Townhome Property"), which townhome development is
administered by the Association; and
WHEREAS, pursuant to Article III, Section 1 of the Declaration of Common Interest
Community Number 220, Park View Townhomes, recorded in the Office of the Anoka County
Recorder as Document No. 1982243.002, and with the Anoka County Registrar of Titles as
Document No. 486543.002 ("Declaration"), "the Association shall be responsible for maintenance,
repair and replacement of all Common Elements, including, but not limited to, any street lights not
maintained by the utility provider," and
WHEREAS, Park View Townhomes is served by the City storm drainage system and the
connection thereto is made through the Pond and drainage ways constructed upon said Pond
Property; and
WHEREAS, pursuant to the terms of the Phase I Development Contract dated
, 2005, by and between the City and the Developer ("Development
Contract), the Pond is to be maintained by the City, with costs shared by the City and Association;
and
WHEREAS, the Development Contract also imposes certain other maintenance
responsibilities upon the Association for items constructed within the Townhome Property; and
WHEREAS, this Agreement is in furtherance of the Association's maintenance obligations as
set forth in the Declaration and Development Contract.
NOW THEREFORE, in consideration ofthe premises contained herein, and other good and
valuable consideration, the receipt of which is hereby acknowledged, the City and Association
hereby agree as follows:
1. Pond Maintenance. The City agrees to perform such maintenance as is reasonably
necessary to ensure proper function ofthe Pond and drainage ways. Such maintenance shall include
the following:
A. Maintain the structural integrity and ensure proper function of all outlet
structures as required.
B. Remove all floatable debris from the Pond on a monthly basis (or as often as
the City reasonably deems necessary) during the open water season, and skimming
the Pond surface to remove debris and organic materials as necessary each autumn.
C. Dredge the Pond to remove accumulated sediment as required to maintain 2
feet of dead storage in the entire Pond.
D. Dispose of all spoil material resulting from dredging operations.
2. Pond Maintenance Cost Allocation. The cost to perform the maintenance set forth in
Paragraph 1, above, shall be shared equally by the Association and the City. The City shall request
reimbursement of one-half of such maintenance costs by providing the Association with an invoice
for the amount due within sixty (60) days of incurring the costs reflected in such invoice. If the
Association fails to pay its share of such costs within thirty (30) days of receipt of such invoice, the
City may levy an assessment against property within the Association for the amount of such costs.
3. Landscape Maintenance. The Association and the City agree that the growing season
maintenance of the landscaping located on Huset Parkway north of3 7th Avenue and the Roundabout
located on 39th Avenue and Jefferson Street shall be the responsibility ofthe Association, at its sole
cost and expense. The seasonal maintenance of the landscaping shall include trimming, fertilizing
and cleaning of the mulched areas of the planting areas. The City shall be responsible for any
perennial plant replacements, at the City's expense.
4. Plat Infrastructure Ownership and Maintenance. The Association shall maintain, at
its sole cost and expense, roadways, storm sewer, street lighting & appurtenances located on the
Townhome Property (such roadways, stonn sewer, street lighting and appurtenances being privately
owned by the Association). The City shall own and be responsible for maintenance, at its expense, of
the water main and sanitary sewer mains located on the Townhome Property.
IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
PARK VIEW OF HUSET PARK
TOWNHOME ASSOCIATION
g-~
-
By:
By:
Its:
Its:
Mayor- Gary L. Peterson
By:
Its:
City Manager- Walter R. Fehst
STATE OF MINNESOTA )
) ss,
COUNTY OF HENNEPIN )
e foregoing instrument was ackn wledged jefore me this day
of , 2006, by j:J the
of Park View of uset Park Townhome Association, a 'nneso nonprofit corporation, on behalf
of the corporation,
KRISTEN ANNE GURECH
NcMry PubIc
Mr........
Mv~__~3'I.Z10
STATE OF MINNESOTA )
) ss,
COUNTYOFANOKA )
The foregoing instrument was acknowledgefi before me this
I, ,1 r "1 ','I',
of" :.~~r~L ~_ i', , ' 2006, by \:7CJ\ ~A -, \ e~~v..,,",~
vv <::.x_:r::..i., \L, '\JCJ,:,-,,--:t , ,te \( v, UJ,,J,i/'.(\
(", -'\'" ,~, \'\,"'Ovj-r"~ fV'. of the City of Columbia Heights,
corporation, on be~alf of the municipal corporation,
day
and
and
a Minnesota municipal
s:\Ryland\Park View\Operation & Maintenance Agreement (rev 3-9-06)
EXHIBIT A
LEGAL DESCRIPTION OF PARK VIEW TOWNHOMES
Lots 23 through 30, inclusive, Block 1;
Lots 98 through 106, inclusive, Block 1;
Lot 124, Block I,
Lot 124B, Block 1,
All in Huset Park, Anoka County, Minnesota