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Home My WebLink Aboutstorm water maintenance agreement-2019 STORMWATER MAINTENANCE AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the �day of ylu,A,r , 201 q ,by and between WILLIAM M.DiJNKLEY and SUSAN K.DUNKLEY,husband and wife (collectively, the "Landowner") and the CITY OF ORONO, a Minnesota municipal corporation (the"City"). RECITALS A. The Landowner and/or affiliate of Landowner is the owner of certain real property located in Hennepin County, Minnesota legally described in Exhibit A attached hereto ("Property"); and B. The Landowner is proceeding to build on and develop the Property, and has requested approval of the site plan for the proposed development; and C. The final plans for the PENCELANEADDITION,hereinafter called the"Plans",which are expressly made a part hereof, as approved or to be approved by the City, provides for stormwater management within the confines of the Property; and D. The City and the Landowner agree that the health, safety, and welfare of the residents of the City of Orono, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that on-site stormwater management/BMP facilities ("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the Landowner as a condition of final site plan approval of Lots 1 and 2 as set forth on Exhibit B attached hereto; and F. As a condition of final site plan approval the Landowner is required to enter into this Agreement and grant to the City an easement for access, drainage and utility over a portion of the Properiy(the"Easement Area")depicted on Exhibit B attached hereto to comply with work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: 1. Construction of Stormwater Imnrovements. Landowner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 1 199945v1 2. Maintenance of Stormwater Imnrovements. A. The Landowner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City Stormwater maintenance standards for stormwater treatment facilities attached hereto as Exhibit C. This includes all pipes,channels,and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. B. The Landowner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities(including sediment removal)is outlined on the approved plans,the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. nsnection and Renortin�. The City shall cause the Stormwater Facilities to be inspected and submit an inspection report every 5 years. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities,berms, outlet structure,pond areas,access roads,buffers,etc. Deficiencies shall be noted in the inspection report. A stormwater facility will be considered inadequate if it is not compliant with all requirements of the approved Plan and City stormwater maintenance standards set forth in Exhibit C. 4. itv Access and Maintenance Ri�hts. A. The Landowner hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the City deems necessary. The City shall provide the Landowner, its successors and assigns,copies of the inspection findings and a directive to commence with the repairs if necessary ("Inspection Report"). B. In the event the Landowner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Landowner written notice of such failure, the City may enter upon the Property and take whatever steps necessarv, including excavation and the stora� materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City's costs to the Landowner's property taxes of such repairs, to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Landowner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences 2 199945v1 there from the Stormwater Facilities. The Landowner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Landowner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 6. Reimbursement of Costs. The Landowner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Landowner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Landowner or the Landowner's agents or employee's negligent or intentional acts, or any violation of any safety law,regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Landowner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Landowner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Landowner's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. �. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Landowner: William M. Dunkley and Susan K. Dunkley 3405 Annapolis Lane North,#100 Plymouth, Minnesota 55447 To the City: City of Orono 2750 Kelley Parkway(physical address) Orono,Minnesota 55356 Attn: City Administrator P.O. Box 66 (mailing address) Crystal Bay,Minnesota 55323 Attn: City Administrator 3 199945v1 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 9. Successors/Covenants Run with Propertv. All duties and obligations of Landowner under this Agreement shall also be duties and obligations of Landowner's successors and assigns. The terms and conditions of this Agreement shall run with the Property. Remainder of page intentionally left blank. Signature pages follow. 4 199945v1 LANDOWNER: `�/'�f� ��''�. William M. Dunkley ��.. �� Ov v � Susan . Dunkley , STATE OF MINNESOTA ) )ss. COUNTY OF i 'I� ) The foregoing instrument was acknowledged before me this � day of (�Q,(1��ytjryQ,1�, 201$,by William M. Dunkley and Susan K. Dunkley,husband and wife, Landowner. (��, u� V��-- Notary Public �a �'�% CHRISTINE M.MATTSQN �. . r`� NOTARY PUBLlC-MINtJESOTk �,,..,��My Commission Expires Jan.31,ZQ19 S 199945v1 CITY: CITY OF ORONO By: Dennis Walsh, Mayor By: Dustin Rie , City ministrator STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ��* day of�CtnGtG.l' , 201 q , by Dennis Walsh and Dustin Rief, respectively, the Mayor and City Administrator, o the City of Orono,a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. tary Public ,��t��"�oq ANDREA LEE HENTGES G�� Q,_ , �� NOTARY PUBUC-MINNESOTA g;3��;�1° My Commission Expires Jan.31,2023 TH[S INSTRUMENT WAS DRAFTED BY: CAMPBELL KNLITSON Professional Association Grand Oak Office Center 1 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651)452-5000 AMP/jmo 6 199945v1 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Le�al Description of the Propertv The land to which this Stormwater Maintenance Agreement applies is legally described as follows: Lot 1, Block 1, Pence Lane Addition, according to the recorded plat thereof, Hennepin County, Minnesota. 7 199945v1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Depiction of the Easement—Approved Gradin�Plan 11-16-18 a ' ' � :l � � %11ET1N0 AS O[LlU1ED ' CAiCN BAS ;BY NQERSON ENGI�EERPIG � � WIS �r�• 7" ; a+,-�o-n�r�wwc s� I i l�r 1 . e.nv.s�, �• � ��i o.zi��c. ,-:�� —ri. � �� w.rrv-sx asno�r O %��5�p�y�ly,GL GSCMF��!� �$ _ � � \wywlq T I �: ; � ._r... � m `g % ; �;'' iNC 12'00 � �'sey�• ',:. � :; / (�%i I cxTcw a��a�cc :�._.�z�o��,w W � �; �,i� i (�!' � axvcrtr io txtnA ,��' ;` fEET.�DO CATOI B115N i 16' OUTLE' . ., + rq�L MJqN6 MpISE IOCAMri T/JQN FRO4 � ' / ' 10 PPE,APRO�t 1 Cr A AI1lVEY e'�C/�W�HELIE D�TED 3-18-1& �.1. `��/�/�4SM1 �/ / �f' /�I' ! 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' � ',, ��a ,, !�-� . . �' , . � � 8 199945v1 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT CITY OF ORONO MAINTENANCE STANDARDS FOR STORM WATER FACILITIES Maintenance Tasks: Wet Retention Pond Timeline Task Responsible Party One Time ➢ Review vegetation coverage and re- Land owner -After seed any dead or bare areas of the First Year basin ➢ Restore/refresh ri ra , as necessa Monthly ➢ Remove trash and debris from basin Land owner ➢ Remove any material clogging outlet ➢ Repair areas of erosion ➢ Mow grass buffer around basin Annually ➢ Remove invasive plants and dead plant Land owner material ➢ Repair broken mechanical components, if necessary ➢ Monitor sediment deposition ➢ Remove sediment deposition if present Every 5 ➢ Inspection City Staff Years 5-25 ➢ Monitor sediment deposition Land owner Years ➢ Replace piping and outlet control structure if necessary Note: During the first growing season the buffer areas should be mowed on an as needed basis when the grasses exceed 12-inches in height. 9 199945v1 Wet Retention Pond Inspection Checklist orono,Nnv BMP Information BMP ID: Inspector: Type of BMP: Wet Retention Pond Date: Location/Coordinates: Temperature: Owner: Weather: Year Constructed: Year Last Dredged: Normal Water Level: 100 Yr High Water Level: Drainage Area: Surface Area at NWL: No.Inlets/Size: No.Outlets/Size: Design Discharge Rates: Maintenance Priority 1=Low S=Hi Insqection• amtenance tem atis acto nsatis acto omments . i e o es ns ect annua a ter ma or storms 1.Ve etation a.ade uate cover b.undesirable s ecies/ lants 2.Erosion 3.Animal burrows 4.Unauthorized lantin 5.Crackin bul in or slidin of side slo es a.u siream slo es b.downstream slopes 6.See s/leaks on downstream face 7. Slo e rotection or ri ra failure 8.Other s eci . rinci a wa ns ect nnua 1.Low flow trash rack a.free of debris b.corrosion control 2.Sediment accumulation inside i e 3.Condition a.cracks or dis lacement b.Minor s allin <1" c.Ma'or s allin rebars ex osed d.Joint Failures e.Water ti tness 4. Sediment accumulation in manhole 5. Sediment accumulation in catch basin 6.Outfall channel functionin 7.Other s eci . ermanent o0 l.Undesirable ve etative owth 2.Floating or floatable debris removal re uired 10 199945v1 3.Visible ollution 4.Shoreline roblem 5.Sedimentation 6.Other s eci on ihon o u a s mto asin 1. Storm drain i es 2.Ri ra at outfalls 3.Headwalls 4.Other s eci t er 1.Encroachment on ond or easement area 2.Com laints from residents 3.Aesthetics a.ve etation hei t b.litter/debris 4.Public safe hazards s eci Comments: 11 199945v1 MORTGAGE HOLDER CONSENT TO STORMWATER MAINTENANCE AGREEMENT WELLS FARGO BANK,N.A., a National Association, which holds a mortgage(s) on the subject property, the development of which is governed by the foregoing Stormwater Maintenance Agreement,agrees that the Stormwater Maintenance Agreement shall remain in full force and effect even if it forecloses on its mortgage(s). Dated this day of , 201_. WELLS FARGO BANK,N.A. By [print name] Its [title] STATE OF ) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 201_, by , the of Wells Fargo Bank,N.A., a National Association, on behalf of the entity. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road,Suite 290 Eagan,Minnesota 55121 Telephone: (651)452-5000 AMP/jmo 12 199945v1