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HomeMy WebLinkAboutContract 1924 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