HomeMy WebLinkAbout6.n. Approval of Stormwater System Maintenance Agreement
EXECUTIVE SUMMARY
City Council Meeting: January 5, 2016
AGENDA ITEM: Approval of Stormwater System
Maintenance Agreement
AGENDA SECTION:
Consent
PREPARED BY: Kim Lindquist, Community Development
Director AGENDA NO. 6.n.
ATTACHMENTS: Agreement
APPROVED BY: ddj
RECOMMENDED ACTION: Motion to Approve the Agreement and Designate the
Mayor to Sign the Agreement
SUMMARY
As part of The Rosemount project, there was an underground stormwater system was installed due to the
lack of space on site. This underground system was paid for through a Livable Communities Grant and is
shared by the City and private development owner. The one exception is the outlet from the system, which
is located under The Rosemount building, which is owned by the private developer only. Because the facility
is jointly owned, an agreement for future maintenance and allocation of costs is required. The maintenance
schedule, which includes annual inspections and cleaning if needed, also addresses significant repairs. Each
would be paid for equally by the two parties.
Stormwater rate control and water quality are important storm water improvements to the Downtown as the
in place system was constructed prior to current standards. The use of an underground system allowed
significant redevelopment of the site while improving upon the existing condition. The City Attorney and
the Developers representative have both reviewed the document.
RECOMMENDATION
Motion to approve the Agreement.
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DRAFT
STORMWATER SYSTEM MAINTENANCE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into as of the 5th day of
January, 2015, by and between the city of Rosemount, a Minnesota municipal corporation (the
“City”) and Rosemount Senior Living Associates I, LLC, a Minnesota limited liability company
(the “Developer”).
RECITALS
WHEREAS, the Developer and City are the fee owners of certain real property located in
Dakota County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, by a separate development agreement (the “Development Agreement”), the
Developer, City, and Rosemount Port Authority agreed to the development of a long-term
maintenance agreement that would lay out payments and expectations for an underground
stormwater system mutually beneficial to each party; and
WHEREAS, the parties now wish to set forth mutual obligations and conditions relating to
the underground stormwater system, the location of which is shown on Exhibit B attached hereto;
and
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. Term. This Agreement will remain in effect for fifty years from the date it is fully
signed by the City and the Developer unless terminated for any reason by either party after 60 days’
notice to the other party.
2. Routine Maintenance of the Stormwater System. The Developer, for itself and its
successor or assigns, agrees to maintain the Stormwater System and observe all drainage laws
governing the operation and maintenance of the system. The Developer shall inspect and perform
routine maintenance of the stormwater system as described in Exhibit C. The Developer shall also
repair or replace any components of the system deemed necessary during routine maintenance. The
Developer shall keep a record of all inspections and maintenance activities, and submit such records
annually to the City.
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3. Maintenance Costs. The City and Developer shall equally share all costs associated
with routine maintenance, repairs or replacement items for the system, excluding the outlet.
Developer is responsible for 100% of costs associated with maintenance, repair or replacement of
the outlet.
4. City’s Maintenance Rights. The City may maintain the Stormwater System if the
City reasonably believes that the Developer has failed to meet its maintenance obligations under
this Agreement and such failure continues for 30 days after the City gives the Developer written
notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as
may be reasonably required to complete the maintenance provided that Developer is making a good
faith effort to do so. The City’s notice shall specifically state which maintenance tasks are to be
performed. If Developer does not complete the maintenance within the time required in the City’s
notice, the City may enter the Property as may reasonably be necessary to perform or contract for
the maintenance. In such case, the City will send an invoice for the Developers share of the
reasonable maintenance costs to the Developer, which shall include all reasonable staff time,
engineering and legal and other reasonable costs and expenses incurred by the City. If the
Developer fails to reimburse the City for its share of the costs and expenses within 30 days of the
date of the invoice, the City may assess the Developers share of cost against the Developers
Property. The Developer acknowledges that the maintenance work performed by the City regarding
the Stormwater System benefits the Developer Property in an amount that exceeds the assessment
and hereby waives any right to hearing or notice and the right to appeal the assessments otherwise
provided by Minnesota Statutes, Chapter 429.089 Notwithstanding the foregoing, in the event of an
emergency, as determined by the city engineer, the 30-day notice requirement to the Developer for
failure to perform maintenance, is waived in its entirety by the Developer, and the Developer must
reimburse the City for its proportionate share of the costs and be subject to assessment by the City
for its proportionate share of the costs in the same manner as if the written notice had been given.
5. Long-Range Improvements. The Stormwater System will require significant
rehabilitation and/or upgrades in the long term. Examples of such items are further described in
Exhibit D.
City and Developer shall share equally all costs associated with long-range improvements to
the system.
4. Hold Harmless. The Developer 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 Developer’s, or the
Developer’s agents’ or employees’ 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 intentional or grossly
negligent acts of the City, its employees, agents and representatives. In the event the City, upon the
failure of the Developer to comply with any conditions of this Agreement, performs said conditions
pursuant to its authority in this Agreement, the Developer hereby agrees to indemnify and hold
harmless the City, its employees, agents and representatives for its own negligent acts in the
performance of the Developer’s required work under this Agreement, but this indemnification shall
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not extend to intentional or grossly negligent acts of the City, its employees, agents and
representatives.
5. Costs of Enforcement. The Developer agrees to reimburse the City for all reasonable
costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including
court costs and reasonable attorneys’ fees after providing written notice to Developer and a
reasonable opportunity to cure.
6. Rights Not Exclusive. No right of the City under this Agreement shall be deemed to
be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes,
Chapter 444 to acquire, construct, reconstruct, extend, maintain and otherwise improve the
Stormwater System.
7. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed as
follows:
a) as to Developer: Rosemount Senior Living Associates I, LLC
Attn: Mark Appelbaum
5407 Excelsior Blvd. – Suite C
St. Louis Park, MN 55416
b) as to City: City of Rosemount
2875 – 145th Street W.
Rosemount, MN 55068
ATTN: City Administrator
with a copy to: Kennedy & Graven
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
ATTN: Rosemount City Attorney
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
8. Amendment. This Agreement may not be amended without the express written
consent of both parties.
9. Successors and Assigns. 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.
10. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
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ROSEMOUNT SENIOR LIVING I, LLC
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
This instrument was acknowledged before me on ________________ 2015, by
_________________, the ______________________ of Rosemount Senior Living I, LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
____________________________________
Notary Public
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CITY OF ROSEMOUNT
By:
William Droste, Mayor
By:
Clarissa Hadler, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ___ day of _________, 2015,
by__________________ and _______________, the mayor and the city clerk, respectively, of the
city of Rosemount, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
This instrument drafted by:
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
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EXHIBIT A TO
STORMWATER SYSTEM MAINTENANCE AGREEMENT
Legal Description of the Properties
Lot 1, Block 1 Rosemount Senior Living
Lot 2 Block 1 Rosemount Senior Living
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EXHIBIT B TO
STORMWATER SYSTEM MAINTENANCE AGREEMENT
Location of Underground Stormwater System
(final drawing of site plan with system to be attached)
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EXHIBIT C TO
STORMWATER SYSTEM MAINTENANCE AGREEMENT
Maintenance Schedule and Routine Maintenance Items
Frequency:
Inspections shall be completed annually.
Inspection Check List:
Check quality of street or parking surface.
Is there evidence of potholes or sinkholes?
Is there evidence of an unusual amount of silt and soil build-up on the surface?
Is there evidence of surface ponding during storm events?
Check for pipe symmetry (uniform curvature).
Flexible steel pipe is designed to handle minor deflections. Pipe structures deflected more than 7%
from design shape, or those that show localized distortions may require further investigation.
Check for pipe joint quality.
Is there evidence of backfill material infiltrating into the pipe structure?
Check for proper operation of outlet structure.
Is the outlet drainpipe clogged?
In dry conditions, has the system drained to the elevation
Silt/sediment Deposition
if silt deposition has significantly reduced the storage capacity of the system) it should be removed. This
can be accomplished by the use of a “clam shell” device or vactor truck.
removal is required.
For perforated systems, sediment should be washed (or jetted) towards an access manhole and removed
with a “clam shell” device or vactor truck.
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Inspection Activity
Recommended
Inspection Frequency
Maintenance
Procedures/Actions
1. Visual inspection of
street or
parking surface
As part of all inspection visits Notify maintenance staff/contractor if there
is evidence of potholes, sinkholes, an
unusual amount of silt build-up, or surface
ponding during a storm event
2. Visual inspection for
pipe symmetry (uniform
curvature)
Every 12 months Notify maintenance staff/contractor if
deflections in pipe structure greater than
7% or localized distortions are present
3. Visual inspection for
pipe joint quality
Every 12 months Notify maintenance staff/contractor if there
is evidence of backfill material infiltrating
into the pipe structure
4. Visual inspection for
proper operation of outlet
structure
Every 12 months Notify maintenance staff/contractor if the
outlet drainpipe is clogged. In dry conditions
the system should drain dry.
5. Sediment/silt accumulation in
device
Every 12 months depending on
drainage area conditions
Notify maintenance staff/contractor of
need to remove sediment when baffled
sedimentation areas volume has been
reduced by 25%
6. Visual inspection for trash and
debris
Monthly and following large storm
events
Remove trash and debris from structure
as outlined by manufacturer’s
recommendation
7. Oil accumulation in device Every 12 months or following a known oil
or gasoline spill
Notify maintenance staff/contractor of need
to remove oil when a layer of oil/gasoline
develops on water surface in device
8. Visual inspection of internal
components of device
As part of all inspection visits Notify maintenance staff/contractor of any
broken or missing components of device
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EXHIBIT D TO
STORMWATER SYSTEM MAINTENANCE AGREEMENT
Long-Range Improvements/Upgrades
The City anticipates that if the underground system does not continue to function to meet the
stormwater standards of the project as determined by the City’s Stormwater Plan and
downstream function, the City may determine that rehabilitation to system replacement may be
needed. It is anticipated that major improvements would not be necessary until years 20-25.