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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.) 2 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 1 Ft -LA t 1 ( U Li¢ i'vitl i1 r a7"A 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- I-r,44-6 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) 4