2003-091 Council Resolution - Laserfiche WebLink

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OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this day of 2003, by and between Robert A. Mueller , hereinafter referred to as "Owner" of the Property described below; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City". That part of the North Half of the North Half of the Northwest Quarter of Section 9, T. 31, R. 22, Anoka County Minnesota described as beginning at the intersection with the south line of said tract and the easterly right -of -way line of C.S.A.H. No. 23 (old highway No. 8) as now established; (said one -half right -of -way being 50 feet); thence east along said south line 288.70 feet; thence north at right angles 146.02 feet; thence west parallel with first described course 211.87 feet to said easterly right-of-way line of C.S.A.H. No. 23; thence southwesterly along said line 165 feet to the point of beginning. Except the north 77 feet of the east 62 feet thereof. Subject to easements, conditions, or restrictions of record. WHEREAS, the City has required the Owner to provide onsite infiltration swales, stormwater pond, and associated facilities to manage runoff on the above described Property and do all related grading, slope work, and restoration in compliance with approved plans, and WHEREAS, the Lino Lakes City Council approved a site and building plan for the project with Resolution 03-45. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. The Owner assumes the full and sole responsibility for the condition, operation, repair, maintenance and management, at no cost to the City, for an on -site infiltration swales, stormwater pond, and associated facilities (System) which comply with the approved plans and Resolution 0345 for the purpose of receiving, retaining, treating and transporting all storm sewer water which may be collected within the System. 2. The City shall not under any circumstances be responsible for the on -going physical performance of any repairs, changes or alterations whatsoever to the System and . appurtenances and the City shall not be liable for the cost thereof. 3. The Owner agrees, at no cost to the City, to regularly: (1) Remove accumulated sediment from the System to maintain dead storage volume equivalent to the volume approved by the City, (2) maintain all native perennial vegetation in the System area in a way which does not comprise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System are, (4) remove all litter and debris from the System, (5) repair or replace any grass or other vegetation in the System area disturbed by maintenance, (6) maintain the System outlet structure, page 1 of 3