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HomeMy WebLinkAboutItem 06.f April 6, 2020 Item No. MCGUIRE MIDDLE SCHOOL STORMWATER MAINTENANCE AGREEMENT Proposed Action Staff recommends adoption of the following motion: Move to approve the McGuire Middle School stormwater maintenance agreement. Overview At their March 23, 2020 special meeting, the City Council approved a conditional use permit amendment to allow the construction of a gymnasium addition to McGuire Middle School located at 21220 Holyoke Avenue. A stormwater maintenance agreement is required for the on- site stormwater improvements the school district will be constructing to accommodate the addition. The school district has submitted the signed agreement; the unsigned version is included with this memo. Primary Issues to Consider None Supporting Information • Stormwater maintenance agreement Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: High Quality Education Report Completed by: Daryl Morey, Planning Director Zoning Ordinance 1 209513v1 STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _____________, 2020, by and between INDEPENDENT SCHOOL DISTRICT NO. 194, a Minnesota public school corporation (the “Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”). RECITALS A. The Owner and/or affiliate of Owner is the owner of certain real property located in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and B. The Owner is proceeding to expand the building located on the Property, and has requested approval of a conditional use permit for the proposed expansion; and C. The final plans for McGuire Middle School Site Renovations, hereinafter called the "Plans", which are expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention of stormwater within the confines of the Property; and D. The City and the Owner agree 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 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 Owner as a condition of conditional use permit approval for the building expansion as set forth on Exhibit B attached hereto; and F. As a condition of conditional use permit approval the Owner is required to enter into this Agreement and grant to the City an easement for access, drainage and utility over a portion of the Property (the “Easement Area”) legally described 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 Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2 209513v1 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the 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. B. The Owner 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. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected 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. City Access and Maintenance Rights. A. The Owner 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 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 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 Owner’s property taxes of such repairs, to the Owner, 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 Owner 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, 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 and the consequences there from the Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 3 209513v1 5. 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. 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 Owner 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 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. 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 for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. 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: Independent School District No. 194 17630 Juniper Path, Suite A Lakeville, MN 55044 To the City: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attn: City Administrator 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 Property. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer’s successors and assigns. The terms and conditions of this Agreement shall run with the Property. 4 209513v1 OWNER: INDEPENDENT SCHOOL DISTRICT NO. 194 By: Michael Baumann Its Superintendent STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2020, by Michael Baumann, the Superintendent of Independent School District No. 194, a Minnesota public school corporation, on behalf of said public school corporation. Notary Public 5 209513v1 CITY OF LAKEVILLE By: Douglas P. Anderson, Mayor (SEAL) And: Charlene Friedges, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2020, by Douglas P. Anderson 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 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/smt 6 209513v1 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property The land to which this Stormwater Maintenance Agreement applies is legally described as follows: All that part of the W 1/2 of the NE 1/4 of NE 1/4 of Section 32, Township 114, Range 20 described as follows: Commencing at a point on the west line of the NE 1/4 of NE 1/4 of Section 32, Township 114, Range 20, distant 682.16 feet south of the northwest corner of said NE 1/4 of NE 1/4; thence continuing south 631.84 feet along the west line of the NE 1/4 of NE 1/4; thence East 660 feet to a point on the east line of the W 1/2 of NE 1/4 of NE 1/4 distant 1314 feet south of the north line of said NE 1/4; thence North 687 feet along said east line of the W 1/2 of NE 1/4 of NE 1/4 to a point 627 feet south of the north line of said NE 1/4; thence west 330 feet along a line drawn parallel to and 627 feet south of the north line of said NE 1/4; thence South 55.16 feet along a line drawn parallel to the west line of the NE 1/4 of NE 1/4; thence West 330 feet to the point of beginning, according to the Government survey thereof. Excepting therefrom the South Thirty three (33) feet thereof. Also Excepting that part of the NE 1/4 of NE 1/4 of Section 32, Township 114, Range 20, Dakota County, Minnesota, described as follows: Commencing at a point on the west line of said NE 1/4 of NE 1/4 distant 682.16 feet south of the northwest corner thereof; thence East parallel to the north line of the said NE 1/4 of NE 1/4 a distance of 375 feet, thence South parallel to the west line of said NE 1/4 of NE 1/4 a distance of 50 feet, thence west and parallel to the north line of the said NE 1/4 of NE 1/4 a distance of 375 feet to the west line thereof, thence north along said west line a distance of 50 feet to the place of beginning. Together with the right of said Independent School District No. 194 Dakota County to the use of the street which will be graded on the above 33' strip for access to and from any of the school property providing that said Independent School District No. 194 Dakota County shall grade a street on the above described 33' strip. 7 209513v1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Legal description of the Easement That part of the S 1/2 of the NE 1/4 of the NE 1/4 of Section 32, Township 114, Range 20, Dakota County, Minnesota, described as follows: Beginning at the most southeasterly corner of Outlot B, Old School Addition, Dakota County, Minnesota, according to the recorded plat thereof; thence S 89°52'13" W, assumed bearing, along the south line of said Old School Addition a distance of 81.00 feet; thence N 0°25'00" E a distance of 73.02 feet; thence S 89°52'13" W a distance of 186.39 feet; thence N 67°51'52" W a distance of 23.90 feet; thence S 07°40'45" E a distance of 96.34 feet; thence S 89°23'06" E a distance of 261.74 feet; thence N 40°29'19" E a distance of 22.17 feet to the point of beginning. 8 209513v1 EXHIBIT “B” 9 209513v1 EXHIBIT C CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORM WATER TREATMENT FACILITIES Pond Maintenance Requirements 1. 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: rip 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. Underground Infiltration System 1. Inspection of street or parking surface must be inspected for evidence of potholes, sinkholes, sediment build up, or surface ponding annually. 2. Annual inspections must be completed of pipe symmetry, pipe joint connections, and outlet structures to look for cracks, defects, misalignment, or seepage. 3. Inspection for accumulation of sediment must be done annually, maintenance should be performed when sediment accumulation occurs. 4. Visual inspection for trash and debris must be conducted monthly and following rain events of 1 inch or greater in 24 hours. 10 209513v1 5. Inspections must be performed annually to look for oil accumulation in device or immediately after a spill occurs. Maintenance must be done when a layer of oil/gasoline develops on the surface. Environmental Manhole Maintenance Requirements 1. Annual inspections, maintenance reporting and certification must be completed by a professional engineer licensed in the State of Minnesota at Owner’s expense. Information must be submitted to the City annually. 2. Maintenance must be perform ed once the sediment or oil depth exceeds the established requirements recommended by the manufacturer. 3. Maintenance must occur immediately after a spill takes place. Appropriate regulatory agencies must also be notified in the event of a spill. 4. Disposal of materials shall be in accordance with local, state and federal requirements as applicable.