Maintenance Agreement Storm Sewer - L1, B1 Suite Living of Eagan - Fully executed & recordedReceipt:# 956782
AGREE $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
Document Number
3657384
ll IIl llI 1IIII III I1I 1II ll Il
Recorded on: 12/24/2024 11:27 AM
By: EGU, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
MAINTENANCE AGREEMENT FOR STORM SEWER
(Lot 1, Block 1, Suite Living of Eagan)
This Maintenance Agreement for Storm Sewer ("Agreement") is made and entered into
this `Slrct day of 10f (em 1 Cr, 2024, by and between the City of Eagan, a Minnesota municipal
corporation (the "City") and Coventry Properties of Eagan, LLC, a Minnesota limited liability
company_, (the "Owner"). The City and Owner are collectively referred to as the "Parties.")
WHEREAS, the Owner is the fee owner of property located in the City of Eagan and legally
described as has applied to the City for as Lot 1, Block 1, Suite Living of Eagan (the "Property");
and
WHEREAS, there is a storm sewer that runs adjacent to the Property and Owner has a
section of its storm sewer that is in the Diffley right-of-way (the "Improvement"); and
WHEREAS, as a condition of allowing the Improvement within the county right-of-way,
the City and County are requesting that the Owner enter into this Agreement to maintain the
Improvement within the right-of-way.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as
follows:
1. MAINTENANCE OF STORM SEWER. The Owner of the Property shall be
responsible to maintain the Improvement in a manner acceptable to the City
Engineer and Dakota County.
2. COSTS. The Owner of the Property shall be responsible for all costs relative to
the maintenance and/or repairs of the Improvement.
DEFAULT. If the Owner of the Property fails to take any action required in
connection with this Agreement, the City may take the action and bill the Owner
for the costs thereof. If the Owner fails to reimburse the City for the costs
thereof within ten (10) days after receipt of the bill, the City may take any action
permitted by law to collect the amount owed plus the costs of collection,
including but not limited to attorneys' fees. Without waiving its other remedies,
the City may levy an assessment against the Property for all costs incurred by
the City, and the Owner of the Property hereby waives any and all rights to
challenge of appeal the assessment.
4. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or
phrase of this Agreement is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portion of this Agreement.
5. BINDING AGREEMENT. The Parties mutually recognize and agree that all terms
and conditions of this recordable agreement shall run with the land herein
described and shall be binding upon the successors and assigns of the Parties
hereto.
(Signature pages to follow.)
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Maintenance Agreement for Storm Sewer
(Lot 1, Block 1, Suite Living of Eagan)
City of Eagan,
a Minnesota municipal corporation
By:
�
Mike Maguir
Its: Mayor
By:
Elizabeth VanHoose
Its: City Clerk
City Attorney
STATE OF MINNESOTA)
) ss
COUNTY OF DAKOTA )
APPROVED AS TO CONTENT:
X
Public Works Department
k,
On this - day of 2024, before me a Notary Public
within and for said county, personally appeared Mike Maguire and Elizabeth VanHoose to
me personally known, who being each by me duly sworn., each did say that they are
respectively the Mayor and City Clerk of the City of Eagan, the municipality named in the
foregoing instrument, and that the seal affixed in behalf of said municipality by authority
of its City council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said municipality.
Notary Pudic
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a Ev'u ` �tp?ra EXP. " F
Maintenance Agreement for Storm Sewer
(Lot 1, Block 1, Suite Living of Eagan)
Coventry Properties of Eagan, LLC, a
Minnesot ' ited liability company
By:
W-
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Its:
STATE OF MIA 1'1
ss
COUNTY OF%
The foregoing was acknowledged before me this 9t1-1 D day of j,4 , 2024,
by L A 14 4 , the AW Zof Coventry Properties
nn of Eagan, LLC, a Miesota limited liability company, on behalf of the limited liability
company.
14 -4 A �
Notary Public
91�SUSAN. MARY FATHEREENotary PublicMi;nesotaMy Comrnir lion Expires Jan 31, 202a
THIS INSTRUMENT WAS DRAFTED BY:
Dougherty, Molenda, Solfest, Hills & Bauer P.A.
14985 Glazier Avenue, Suite 525
Apple Valley, MN 55124
(952) 432-3136
(RBB: 27839)
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