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1310 Cliff Rd - Easement AgreementL=/_3-[o_?'c EASEMENT ACOUISITION AGREEMENT This Easement Acquisition Agreement ("AgreemenY') is made and entered into Uus ?d day of May, 2002 by and between the City of Eagan, a Minnesota municipal corporation (hereinafter the "City"), and Pazkview Golf Associates, LLC, a Minnesota limited liability company (hereinafter the "Landowner"), (collectively the "Parties"). WHEREAS, in connection with Eagan Public Improvement Project 847 (hereinafter the "Project") the City is undertaking certain storm mitigation improvements across a portion of Landowner's property according to the plans and specificarions attached as Exhibit A; and WHEREAS, in connection with the Project, it is necessary for the City to acquire perpetual easements for drainage and utility purposes as we11 as easements for construction purposes; and WHEREAS, Landowner is willing to grant the City the necessary easements, all upon the terms and conditions contained herein. NOW, WHEREFORE, in consideration of One Dollaz ($1.00) and other good and valuable cansideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. CoNVEYANCE oF EnsEMENT. Contemporaneously with the execution of this Agreement, Yhe Landowner shall convey to the City the Drainage and Utility and Temporary Construction Easement in the form and text of Exhibit "A" attached hereto. 2. CtTY OsLiGnTtoNS. In connection with the Froject, the City agrees to undertake the fallowing: A. T[tFE RePLpCEMExT. The Parties acknowledge that it will be necessary to remove certain trees from Landowner's property in order to construct the improvements under the Project. For each tree that is removed by the City, the City agrees to provide and install a replacement 2%z inch caliper tree compazable to the existing species but of an acceptable variety to the Iandowner with a two-yeaz guaranty. The replacement trees will be placed in a location to be determined Uy Landowner in its reasonable discretion. The City will instruct contractor to use reasonable care to minimize any resulting damage to the golf course. The City and contractor will be responsible for damage in the case of its errors or negligence. B. DRAIN TILE INSTALLATION. The City shall provide drain tile installation adjacent to the 16th and nutsery greens. The Parties acknowledge that the actual design of the proposed drain file is unknown at this time and agree to arrive at a mutually acceptable drain tile installation plan. C. INSTALLATION OF POSTTNE FLOW TO NEW INLETS. The City shall ensure that al] drainage patterns will be directed to the newly installed catch basin inlets. D. FENCE REPLACEMENT. TY1C P3iL12S acknowledge that an existing chain link fence on the property line will need to be removed to accomplish the improvements to the Project. The City shall replace the chain link fence in its current location upon completion of the improvements under the Project. During the construction of the Project, the City shall install temporazy orange mesh fencing within the construction easement lunits with signage delineating restricted construction area and shall replace it with a short rope delineator after the sod has been installed until the end of the warranty period. E. 3oD ItvsTar.r.nTioN nrrD MAmTErrnrrcE. The City shall provide appropriate replacement sod for the areas affected by the improvements under the Project. The City agrees to install temporary irrigation equipment to the affected areas and to make auailable its fire hydrant that is adjacent to Landowner's property for 30 days following installation of the sod to allow for irrigation of the newly sodded azea. The Landowner acknowledges that it is responsible to provide the necessazy labor to undertake the necessary irrigation to facilitate new sod growth. Landowner is provided with a 30-growing day guaranty for the sod. For purposes of "growing days," it shall be a 30-day period from the installation, however, excluding any days from June 15, 2002 through August 15, 2002. F. INSURArrCE. The City's contractor shall provide landowner with a certificate naming Landowner as an additional insured on its insurance policy prior to beginning work, which policy shall provide the following minimum limits: Minimum Limits - General Liability: Bodily Injury $1,000,000 each occurrence $1,000,000 complete operations Property Damage $ 500,000 each occurrence $1,000,000 aggregate Minimum Limits - Automobile Liability: Bodily Injury $ 500,000 each person $1,000,000 each occunence Property Damage $ 500,000 each occurrence $1,000,000 aggregate 2 The contractor shall carry an umbrella excess liability coverage of $1,000,000. G. LiOtnDaTED DnMAGES. In the event the improvements are not complete within 30 working days, the City agrees to pay the sum of $500.00 per working day (excluding Saturdays, 5undays and Holidays) for each day that the project remains incomplete. Notwithstanding anything contained herein to the contrary, the maximum exposure to the City for any liquidated damages shall be $50,000.00. H. ENGINEERING/LEGAL REIMBURSEMENT. The City agrees t0 reimburse Landowner for actual engineering and legal expenses incurred by the Landowner in connection with the Project. The Landowner shall submit to the City invoices detailing the time spent, hourly rate and fees expended. The City will provide reimbursement for said fees within 30 days after delivery of the detailed invoices received no later than Sept. 1, 2002. Provided that the maximum amount of reimbursement by the City shall be $2,500.00. 1. SOIL SAMPLES. TIIC City is pmviding certain material to Landowner's property to undertake the necessary improvements under the Project. The City shall provide Landowner with a report from an engineering firm indicating an absence of any hazardous materiais in the soil that will be provided to Landowner's property. 7. COMPLEI'lON NOTIFICATION/FINAL INSPECTION. The City shall provide written notification to Landowner upon completion of the Project. If Landowner believes the work is unsatisfactory, it shall provide written notification to the City of any deficient work. The City shall cure all deficiencies noted within 5 business days of said written notice. Liquidated damages shall accrue in the amount of $100.00 per day beginning 5 business days after the date of said notice and ending upon the date of acceptance by Landowner of the corrections of any noted deficiencies. K. DESIGN WARRANTY. If at any time within three yeus after the completion of the Project, Landowner certifies to City that the Project has failed to provide for adequate drainage from Landowner's golf course and said certification is accompanied by a written certification of an engineer of Landowner's designation that the Project has failed to provide for adequate drainage from I,andowner's golf course, the City shall cure any deficiencies noted in said certification. 3. GRANT OF ADDITIONAL TEMPORARY CONSTRUCTION/RIGHTS OF ENTRY BY LANDOwNER. The Parties acknowledge that it is difficult to ascertain with any certainty the exact azeas where temporary construction work will be undertaken by City upon Landowner's property. Norivithstanding the identification of the temporary construction easement areas described in the easement on Exhibit "A" 3 attached hereto, Landowner hereby grants unto the City a right of entry to enter upon its property to undertake the improvements contemplated by this Agreement with prior notice. The City agrees to use reasonable effor[s and work with Landowner to avoid any adverse impact to Landowner's business operation during the pendency of the improvements. 4. No-ncES. Any notices under this Ageement shall be delivered personally or mailed to the respective parties by registered or certified mail, retum receipt requested, at the following respective addresses. To LnrrDOwxEx: Pazkview Golf Associates, LLC Attn: Shane Korman Parkview GolfAssociates, LLC 1310 Cliff Rd. Eagan, MN 55123 To TxE CITY: City of Eagan Attn: Tom Colbert, Director of Public Works City Hall 3830 Pilot Knob Road Eagan, MN 55122 WITx n corY To: Robert B. $auer, City Attomey Severson, Sheldon, Dougherty & Molenda, P.A. 7300 West 1471' Street, Suite 600 Apple Valley, MN 55124 PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company By: Z?= Its: CITY,O ja Minn cipal corporation BY' - P tricia E. Awada Its: Mayor By: TL?,LLk Maria Karels Its: Depnty Clerk DRAINAGE AND UTILITY AND TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this 7`" day of May, 2002, between PARKVIEW GOLF ASSOCIATES, LLC, Minnesota limited liability company, (hereinafter referred to as "Landowner"), and the CITY OF EAGAN, a municipal corporation, organized under the laws of the State of Minnesota, (hereinafter referred to as the "City"). WITNESSETH: That the Landowner, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant and convey unto the City, its successors and assigns, a permanent drainage and utility easement, over, across and under the following described premises, situated within Dakota County, Minnesota, to-wit: DESCRIPTION OF PROPERTY: The East one-half of the Northwest quarter (El/2 of NW1/4) of Section Thirty-four (34), Township Twenty-seven (27), Range Twenty-tluee (23), according to the Government Survey thereof. EXCEPT that part piatted as PARKVIEW GOLF CLUB, according to the recorded plat thereof. DESCRIPTION OF EASEMENT: The South 780 feet of the North 1585 feet of the West 40 feet; except the East 30 feet of the South 260 feet of the North 1585 feet and the East 25 feet of the South 250 feet of the North 1055 feet. . Together with: A temporary construction easement over the East 30 feet of the West 40 feet of the South 260 feet of the North 1585 feet and the East 25 feet of the West 40 feet of the South 250 feet of the North 1055 feet. Said temporary construction easement shall expire on 7uly 31, 2002. See also Exhibit "A" attached hereto and incorporated herein. The grant of the foregoing parmanent easement for drainage and utility purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable rimes to construct, reconstruct, inspect, repair and maintain pipes, conduits and mains; and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, save only far the necessary removal of trees, brush, undergrowth and other obstructions. The grant of the foregoing temporary conshuction easement for site grading purposes includes the right of the City, its contractors, agents and servants to enter upon the premises at all reasonable times to conshuct, reconsriuct and inspect site grading and the further right to remove trees, brush, undergrowth and other obstructions. After completion of such construction, maintenance, repair or removal, the City shall restore the premises to the condition in which it was found prior to the commencement of such actions, saue only for the necessary removal of trees, brush, undergrowth and other obstnxctions, subject only to permanent easement alterations. And the Landowner, its successors and assigns, does covenant with the City, its successors and assigns, that it is the Landowner of the premises aforesaid and has good right to grant and convey the easement herein to the City. IN TESTIMONY WHEREOF, the Landowner has caused this easement to be executed as of the day and year first above written. PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company By: Its: 2 STATE OF MINNESOTA) )ss. COUNTY OF D4KotA ) The foregoing instrument was aclmowledged before me this Z3 day of 1M10.y 2002, by 544Ylr- 1{nRw??4r1 , the GfiIEF ?'ukt-0.. of PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company, on behalf of the limited liability company. STATE OF MINNESOTA) )ss. COUNTY OF kOTA- jauw*l p..o?? N KENNEfH P.SEVER50N Notary Public Minnesota LS0MyCMM&qME)VMJan-31,2O05 The foregoing instnunent was acknowledged before me this 7-l` day of 0014 , 2002, by Patricia E. Awada and Maria Kazels, the Mayor and City Clerk of the Cty of Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. B??.B88? i f' ' JUDY M. JENKINS? , ?'? Iy?,? : NOTARYPUBLIC-NINNESOTA ? =?'.-'bMyCommissionEzpiresJan.31,2J? N a Public APPROVED AS TO FORM: APPROVED AS TO CONTENT: ublic Works Department Dated: S-6 -Ga THIS INSTRUMENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (RBB: 206-19189) STATE OF MINNESOTA) )ss. COUNTY OF DflKo" ) The foregoing instrument was acknowledged before me this 23 day of 1'Y114y , 2002, by 5"V1r- koR?M,?6.r.! the f.p+(L F vV16Q , of PARKVIEW GOLF ASSOCIATES, LLC, a Minnesota limited liability company, on behalf of the limited liability company. APPROVED AS TO FORM: City Attomey's Office Dated: <//&?r) Z- APPROVED AS TO CONTENT: Mk? `" Public Works Department Dated: s= / S 0 ? THIS INSTRUIvIENT WAS DRAFTED BY: SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (952) 432-3136 (RBB: 206-19189 - Easement No. 876) KENNETH P.SEVERSON Notery Public Minnesota Canrtdssian F)0rac Jan. 37, 2005