HomeMy WebLinkAboutStormwater Maint & Easement Agreement STORMWATER MAINTENANCE AND EASEMENT AGREEMENT
THIS AGREEMENT (this"Agreement")is made and entered into as of the day of
NWeA,A J( ,2024,by and between Yogi Properties,LLC,a Minnesota limited liability company
(the"Owner") and the CITY OF ORONO,a Minnesota municipal corporation(the"City").
RECITALS
A. The Owner is the owner of certain real property located in Hennepin County,
Minnesota, legally described as follows:
Parcel 1
That part of Outlot C,EAST WILLOW WOODS lying Westerly of the Northerly extension of the
East line of Lot 1, Block 1, EAST WILLOW WOODS
Parcel 2
Outlot A, EAST WILLOW WOODS
("Property"); and
B. The Owner is proceeding to adjust the boundary lines of the Property; and
C. The City and the Owner agree that the health, safety, and welfare of the residents
of the City of Orono, Minnesota, require that on-site Stormwater Management Facilities be
maintained or improved on the Property; and
D. The City requires that the Stormwater Facilities be adequately maintained by the
Owner; and
E. The City requires that any improvements to the Stormwater Facilities as may be
required shall be subject to the prior approval of the City; and
E. The Owner is required to enter into this Agreement and grant to the City a license
to enter the Property to inspect and, if necessary, complete work required under the terms of this
Agreement; and
G. The Owner is required to grant an easement to the City for the purposes of
inspecting and maintaining the Stormwater Facilities.
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:
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1 Maintenance of Stormwater Improvements.
A. The Owner shall adequately maintain all Stormwater Facilities existing as of the
date of this Agreement. This includes any and all pipes, channels, or other conveyances built to
convey stormwater to the facility, as well as all structures, improvements, or 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 designed functions.
B. The Owner will perform the work necessary to keep these Stormwater Facilities in
good working order as appropriate. In the event that it becomes necessary to improve the
stormwater facilities, any such improvements shall be subject to City approval and performed in
accordance with all applicable City plans and engineering standards. 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.
2. City Access and Maintenance Righht .
A. The Owner hereby grants permission to the City, its authorized agents and
employees, to enter upon the Property and to inspect the Stormwater Facilities during normal
business hours (unless during an emergency that requires immediate access) as the City deems
necessary. The City shall provide the Owner, 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 Owner, 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 Owner written notice of such failure, the City may enter upon the
Stormwater Easement Area (defined below) and take whatever steps necessary, including
excavation and the storage of 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 assess the City's costs to the Owner's property taxes, its successors and
assigns. 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, Owner 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 of the Stormwater Facilities, except to the extent arising from City's
breach of this Agreement or the City's negligence or intentional misconduct. The Owner expressly
agrees to defend and hold the City harmless from any such third-party claim.
3. Grant of Easement. Owner 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 legally described on Exhibit A, attached hereto and incorporated herein (the "Stormwater
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,
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inspect, repair,-and maintain said private Stormwater Facilities together with the right to grade,
level,fill,drain,pave,and excavate the Stormwater 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. Nothing in the grant of this easement
shall be construed as imposing any obligation on the City, its successors and assigns, to take any
action pursuant to the foregoing rights.
4. Reimbursement of Costs. The Owner shall reimburse the City for all costs
reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof,
including court costs and reasonable attorneys' fees.
5. Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Owner 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 Owner or the Owner'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, except to the extent of the City's or its agents', contractors' or
employees' negligence or willful misconduct. In the event the City,upon the failure of the Owner
to comply with any conditions of this Agreement,performs said conditions pursuant to its authority
in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents
and representatives from any cost, damage or harm, except to the extent resulting from the City's
or its agents',or employees' negligent acts in the performance of the Owner's required work under
this Agreement. Failure to perform any of the Owner's required work shall not be considered
negligence by the City, its employees, agents or representatives.
6. Notice. 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 Owner: Yogi Properties, LLC
7625 County Road 116
Corcoran, MN 55340
To the City: City of Orono
Attention: Water Resources Engineer
2750 Kelley Parkway
Orono, MN 55356
With Copy to: Campbell Knutson, P.A.
Attention: Soren Mattick
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan,MN 55121
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a,
All notices given hereunder shall he deemed given when personally delivered or two business days
' after being placed in the mail properly addressed as provided herein,
7. Successors/Covenants Run with Property. All duties and obligations of Owner
under this Agreement shall also be duties and obligations of Owner's successors and assigns. The
terms and conditions of this Agreement shall run with the Property.
PROPERTY OWNER:
Yogi Properties,LLC
By: 1 _ ..--
Its: '' C% .i (\ ( �-\-'l
f
ti.
STATE OF MINNESOTA )
COUNTY OF _� , V'',V\C'll) ill ))
i k
The foregoing oing lnstrume t was acknowledged before me this r -' day of ' () ,,k a,t : �`�_'_�
2024,by \ "l', > ,,tie.l.., 'c j'ek , on behalf of said entity. ,,
i ,
t �i Y it f 1 T 4 EJ t 1 il; /k_.') ,M
Notary`Public(1
a,,,:"xo, NANCY L BURANDT
;: �°. Notary Public
�r �� State of Minnesota
'``�� 9 My Commission Expires
`� January 31,2025
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- 223283v1
CITY OF ORONO
By:
Dennis Walsh, Mayor
By:
dam Edwards, City Administrator
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this l/ day of NWeik1k
2024, by Dennis Walsh and Adam Edwards, respectively, the ►A ; and City Administrator, of
the City of Orono, a Minnesota municipal corporation,on . of the corporation and pursuant to
the authority granted by its City Council.
Notary7blic A
CHR S. l. IAN
Notary PublicUS
State of Minnesota
�bK'rlrf My Commission Expires
January3l.2027
THIS INSTRUMENT WAS DRAF 1 ED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone: (651)452-5000
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EXHIBIT A
TO
STORMWATER MAINTENANCE AND EASEMENT AGREEMENT
Legal Description of the Stormwater Easement Area
Outlot A, EAST WILLOW WOODS;
and
The Westerly 225.00 feet of that part of Outlot C, EAST WILLOW WOODS lying Westerly of the
Northerly extension of the East line of Lot 1, Block 1, Outlot C,EAST WILLOW WOODS;
all in Hennepin County, State of Minnesota.
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^
November 12, %024 Signature Packet
Mayor and City Administrator Signatures are needed on a new stormwater maintenance agreement for
the pond off Willow Drive and Dickey Lake Drive. ^
No maintenance agreement exists today. l
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See Melanie Curtis with any questions.
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