HomeMy WebLinkAboutItem 06.mMay 14, 201 S
Lakeville
STORMWATER MANAGEMENT AGREEMENT
MAY 18, 2015 CITY COUNCIL MEETING
Item No.
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Stormwater
Management Agreement with Unimed Midwest, Inc.
Adoption of this motion will allow Unimed Midwest, Inc. to expand the parking lot on
property located at 21370 Heywood Avenue.
Overview
Unimed Midwest, Inc. is purchasing the property located at 21370 Heywood Avenue and has
submitted plans to expand the parking lot. Expansion of the parking lot requires the
construction of stormwater management basins in accordance with Minnesota Pollution
Control Agency (MPCA) rules. Other planning actions on the site include administrative
approval of a site plan application, parking deferment and lot combination which will be
recorded against the property at the time of closing between the seller and buyer.
Primary Issues to Consider
Why is the Stormwater Management Agreement required? The agreement is necessary to
establish the owner's responsibility to maintain the basins while allowing the City the ability to
enter the property to perform maintenance of the ponding areas if necessary.
Supporting Information
Signed Stormwater Management Agreement
Location Map
Frank Dempsey, AICP, Associ to Planner
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning Ordinance
Community Values: Providing Diversified Economic Development
STORMWATER MANAGEMENT/
BEST MANAGEMENT PRACTICE
FACILITIES AND EASEMENT AGREEMENT
City of Lakeville
THIS AGREEMENT, made and entered into this day of , 20, by
and between CITY OF LAKEVILLE, a Minnesota municipal corporation, ("City") and
UNIMED-MIDWEST, INC., a Delaware corporation ("Landowner").
RECITALS
WHEREAS, the Landowner is the owner of certain real property located at 21370
Heywood Avenue in the City of Lakeville, Dakota 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 owns the existing building on the Property and desires to
expand the parking lot on the Property for an additional 37 parking spaces, as further identified
in the following plans:
Site Plan, dated , 2015
Grading Plan, dated , 2015
(collectively herein referred to as the "Plan");
WHEREAS, a condition of the City's approval of the parking lot expansion on the
Property is that Landowner provide for detention/retention of stormwater within the confines of
the Property and enter into this Stormwater Management/Best Management Practice Facilities
and Easement Agreement; and
WHEREAS, the City and the Landowner, its successors and assigns, agrees that the
health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on-
site stormwater management/BMP facilities be constructed and maintained on the Property; and
WHEREAS, the City requires that on-site stormwater management/BMP facilities
("Stormwater Facilities") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns; and
WHEREAS, the Landowner shall grant to the City an easement for access and
maintenance of the Stormwater Facilities over a portion of the Property (the "Easement Area")
legally described on Exhibit B attached hereto to ensure compliance with work required under
the terms of this Agreement.
1817690
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, its successors
and assigns, in accordance with the plans and specifications identified in the Plan.
2. The Landowner, its successors and assigns, including any homeowners
association, 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, its 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 Plan and City engineering standards set forth in Exhibit C.
4. The Landowner, its 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/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").
5. 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 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 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 there from the Stormwater Facilities. The Landowner expressly agrees to defend
and hold the city harmless from any such third -party claim.
181769v1
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, its 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, 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, its 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 Dakota County,
Minnesota, and shall constitute a covenant running with the land, and shall be binding on the
Landowner, its administrators, executors, assigns, heirs and any other successors in interests,
including any homeowners association.
(remainder of page intentionally left blank)
(signature pages to follow)
181769v1
CITY OF LAKEVILLE
Matt Little, Mayor
(SEAL)
And:
Charlene Friedges, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 20_, by Matt Little and by Charlene Friedges, the Mayor and City Clerk of
the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
181769v1
LINIMED-MIDWEST, INC.
By.'14/1-11
i
A �1 b
(Type Name)
(Type Title)
STATE OF
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this /'L/�ay of
2015, by �,c,� k iI - the firC� of Unimed-
Midwest, Ing, a Delaware corporatio , on behalf of said corporation.
Notary Public
ARLENE E. FITZPATRICK
Notary Public
Commonwealth of Mosssach-usetts
My Commission Exoires
August S, 201.6
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
181769v1
EXHIBIT A
Legal Description of Property
All of Lot Five (5), Block Three (3), Airlake Industrial Park Second Addition, Dakota County,
Minnesota.
AND
All of Lot Six (6), Block Three (3), Airlake Industrial Park Second Addition, Dakota County,
Minnesota.
AND
Lot Seven (7), Block Three (3), EXCEPT the North 93.35 feet thereof, Airlake Industrial Park
Second Addition, Dakota County, Minnesota.
(Abstract Property)
1817690
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EXHIBIT C
CITY OF LAKEVILLE
ENGINEERING STANDARDS FOR STORM WATER
TREATMENT FACILITIES
Pond Maintenance Requirements
Annual inspection, maintenance reporting and certification by a professional engineer
(Provided by Owner). Information must be submitted to the City annually.
2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the
pond is lost due to sediment deposition.
3. Remove floatable debris in and around the pond area including, but not limited to: oils,
gases, debris and other pollutants.
4. Maintain landscape adjacent to the facility per original design, including but not limited
to: maintenance of the buffer strip and other plant materials as per original plan design.
5. Maintenance of all erosion control measures including but not limited to: rill rap storm
sewer outlets, catch basin inlets, etc.
Infiltration/Rain Garden Maintenance Requirements
1. Inlet and Overflow Spillway — Remove any sediment build-up or blockage and correct
any erosion.
2. Vegetation
a. Maintain at least 80% surface area coverage of plants approved per plan.
b. Removal of invasive plants and undesirable woody vegetation.
c. Removal of dried, dead and diseased vegetation.
d. Re -mulch void or disturbed/exposed areas.
3. Annual inspection and maintenance efforts must be documented and submitted to the
City.
181769v1
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Dakota County, MN
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Disclaimer_ Map and parcel data are ine'Geved to be accurete, but accuracy rs not guaranteed This is not a legal Map Sca!e
ds-ument and shawid not a e F:re search appraisal, survey, or for zoning verrficab'on_ Dakota County 1 inch = 198 feet
assumes nc• �ega�. respo.ns&.W!ih- or t><e inr`bm>at;'an contained 3r t -;s data. S,"WK15
http://gis.co.dakota.nm.us/Content/DCGISMaps/ags_95225057.jpg 5/14/2015