HomeMy WebLinkAboutLakewest Development Stormwater Management-Easement (Reserved for recording information)
DECLARATION FOR MAINTENANCE OF
STORMWATER MANAGEMENT FACILITIES
AND EASEMENT AGREEMENT
THIS AGREEMENT,made and entered into this l lth day of June, 2018, by and
between LAKE WEST DEVELOPMENT,LLC, a Minnesota limited liability company,
hereinafter collectively called the "Developer", and the CITY OF ORONO, Minnesota,
hereinafter called the "City".
RECITALS
WHEREAS,the Landowner is the owner of certain real property located in Hennepin
County, Minnesota, legally described in Exhibit A attached hereto ("Property"); and
WHEREAS, the Landowner is proceeding to build on and develop the Property; and
WHEREAS, the Landowner has granted to the City a drainage and utility easement over
a portion of the Property (the "Easement Area") legally described on Exhibit B attached hereto;
and
WHEREAS,the development plans for the Property, hereinafter called the "Plans" and
attached hereto as Exhibit C, as approved by the City,provide for detention/retention of
stormwater within the confines of the Property; and
WHEREAS,the Minnehaha Creek Watershed District and the City require on-site
stormwater management facilities be constructed to provide permanent provisions for handling
of storm runoff, including provisions for operation and maintenance of all stormwater runoff
facilities and ponds ("Stormwater Facilities") ,
WHEREAS, said Stormwater Facilities are to be adequately maintained by the
Landowner, their heirs, successors and assigns; and
Ivy Place Stormwater Agreement 1
WHEREA5, the parites agree that such provisions are to be set forth in an agreement to
be recorded in the real estate records.
NOW,THEREFORE,in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions,the parties hereto agree as follows:
1. The Stormwater Facilities shall be constructed by the Landowner,their heirs,
successors and assigns, in accordance with the plans and specifications identified in the Plans.
2. The Landowner, their heirs, successors and assigns, shall adequately maintain the
Stormwater Facilities in accordance with their Stormwater Maintenance Plan and the City
engineering 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.
3. The Landowner, their heirs, successors and assigns, shall inspect the Stormwater
Facilities and submit an inspection report annually and shall be responsible for the payment of
any associated costs. 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 storage
treatment basin will be considered inadequate if it is not compliant with all requirements of the
approved Plans and City engineering standards set forth in Exhibit C.
4. The Landowner,their heirs, successors and assigns, hereby grant permission to
the City, its authorized agents and employees, to enter upon the Property and to inspect the
stormwater management facilities whenever the City deems necessary. The City shall provide
the Landowner, their heirs, successors and assigns, copies of the inspection findings and a
directive to commence with the repairs if necessary("Inspection Report").
5. In the event the Landowner, their heirs, successors and assigns, fails to maintain
the Stormwater Facilities in good working condition acceptable to the City and such failure
continues for sixty(60) days after the City gives the Landowner written notice of such failure,
the City may enter upon the Property and take whatever steps necessary, including excavation
and the storage of materials and equipment, to conect 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
tatces 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 they are, 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 there ftom the Stormwater Facilities. The
Ivy Place Stormwater Agreement 2
Landowner expressly agrees to defend and hold the city harmless from any such third-party
claim.
6. 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.
7. The Landowner, their heirs, successors and assigns, 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 and/or Inspection Report, the schedule will be followed and comply with all
federal, state, and local regulations relating to the disposal of material.
8. In the event the City,pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, their heirs, successors and assigns, shall reimburse the City upon
demand, within thirty(30) days of receipt thereof for all actual costs incurred by the City
hereunder.
9. 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.
10. This Agreement shall be recorded among the land records of Hennepin County,
Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
Landowner, their administrators, executors, assigns, heirs and any other successors in interests.
Ivy Place Stormwater Agreement 3
DEVELOPER:
LAKE WE T DEVELOPMENT, LLC
�,,
By
Curt Fretham, Manager
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this�1 ' - day of �j� ,
2018, by Curt Fretham, the Manager of Lake West Development, LLC, a Minn ota limited
liability company on behalf of the company.
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Notary Public '
°`'�""'e CHRISTINAMAfiIE
�� E Notary Public
3 # State of Minnesota
3
; �,¢ My Commission Expires
' ��u ' January 31, 2p22
Iry Place Stormwater Agreement 4
CITY: CITY OF ORONO
By:
Dennis Walsh,Mayor
(SEAL)
sy:
Dustin ef, ty Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ��� day of
, 2018 by Dennis Walsh and by Dustin Rief, respectively the Mayor and City
Admin' ator of the City of Orono, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted 'ts City Counc' .
ary ublic
Anna Marie Carlson
Ndary Pub�c-M�n�ta
My Comm�ion Expires 01131P2020
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road,Suite 290
Eagan,Minnesota 55121
Telephone:651-452-5000
ABS
Ivy Place Stormwater Agreement 5
EXHIBIT A
Legal Descriation of Prouertv
Lots 1 and 2, Block 1, Ivy Place, Hennepin County, Minnesota.
Ivy Place Stormwater Agreement 6
EXHIBIT B
Legal Descriotion of Easement Area
Ivy Place Stormwater Agreement 7
EXHIBIT C
Plans
Ivy Place Stormwater Agr�ment 8