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Home My WebLink About2014-087 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 14-87 RESOLUTION AUTHORIZING EXECUTION OF MAINTENANCE AGREEMENT STORMWATER MANAGEMENT FACILITIES BETWEEN RICE CREEK WATERSHED DISTRICT AND CITY OF LINO LAKES WHEREAS, NorthPointe project includes the construction of stormwater facilities such as catch basins, pipe, and ponds to convey street surface water and provide water treatment prior to entering public waters; and WHEREAS, such stormwater facilities are subject to the requirements of the Rice Creek Watershed District; and WHEREAS, the Rice Creek Watershed District Board of Managers conditionally approved permit no. 13-094 for the project subject to the execution a maintenance agreement between the City and the Watershed District. NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Lino Lakes executes the Maintenance Agreement Stormwater Management Facilities between the Rice Creek Watershed District and City of Lino Lakes. Adopted by the Council of the City of Lino Lakes this 11th day of August, 2014. The motion for the adoption of the foregoing resolution was introduced by Council Member l,4t S1-Prwt a_ek. and was duly seconded by Council Member 10 eeiA., and upon vote being taken thereon, the following voted in favor thereof: Ku5-1-e%out.vt., "Roe5- , 1?ctf ti -f -z y , c)-tvesz, v'1€i -L The following voted against same: NUL ATTEST: is%ne Bartell, City Cler MAINTENANCE AGREEMENT Stormwater Management Facilities Between the Rice Creek Watershed District and City of Lino Lakes This Maintenance Agreement ("Agreement") is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers set forth at Minnesota Statutes Chapters 1038 and 103D and a drainage authority pursuant to chapter 103E of the laws of the State of Minnesota, (RCWD), and the City of Lino Lakes, a municipal corporation ("City"). Recitals and Statement of Purpose WHEREAS the RCWD has issued Permit No. 1 3-094 to Tony Emmerich Construction, Inc. ("Permittee"), for a development project within the City; WHEREAS pursuant to Minnesota Statutes § 103D.345, the RCWD has adopted and implements Rule C, Stormwater Management Plans; WHEREAS Rule C imposes certain requirements, including that Permittee provide for the perpetual maintenance of stormwater management facilities to manage stormwater flow and quality impacts of a permitted development; WHEREAS in accordance with Rule C and as a condition of Permit 1 3-094, Permittee's obligation to maintain these stormwater facilities must be memorialized by a recorded maintenance declaration; WHEREAS by arrangement with Permittee, the City wishes to assume Permittee's maintenance obligation and Rule C allows a municipality to memorialize its perpetual maintenance obligation to the District by means of maintenance agreement in place of a recorded declaration; WHEREAS the City and the RCWD execute this Agreement to fulfill the condition of Permit 1 3-094, and concur that it is binding and rests on mutual valuable consideration; THEREFORE: 1 1. The City, at its cost, will inspect and maintain the stormwater management facilities delineated and labeled on Exhibit A as follows: • Ponds 1 00, 200, 300, 400, 500, 600 and 700 The City will: a. Obtain certified as -built contours for all ponds and inspect the ponds, and associated outlet structures, culverts and outfall structures one year and two years after the completion of as-builts, including measuring sediment accumulation by a method accurate to within one vertical foot. Thereafter, the City will perform inspections in the fifth year after pond completion and every five years thereafter. If inspections show that sediment may accumulate to 50 percent of wet storage volume, or 25 percent of dry detention volume, within less than five years, the City will inspect more frequently. Pond function will be considered inadequate if sediment accumulation has decreased the wet storage volume by 50 percent or dry detention volume by 25 percent, and the City will restore the basin to its original design elevations and dimensions and restore vegetation in disturbed areas within one year of the inspection date. b. Inspect stormwater infiltration and filtration basins, including rain gardens, annually, to preserve live storage capacity at or above the design volume. Remove vegetation, maintain healthy plant growth and remove excess sediment and debris to ensure that the facilities continue to perform per design. d. Inspect conveyances and other structures annually. Ensure preservation of designed hydraulic capacity. 2. The City possesses the right to perform its obligations under this agreement in perpetuity by means of a drainage and utility easement dedicated on the plat, NorthPointe, approved by the City Council on June 23, 2014 and filed of record in the Anoka County property records. The City will not vacate or otherwise amend this easement except through a writing to which the District is a signatory and that is filed of record in the Anoka County property records. 3. This Agreement is in force for five years from the date on which it is fully executed and will renew automatically for five-year terms unless terminated by the parties. This Agreement may be amended only in a writing signed by the parties. 4. The recitals are incorporated as a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. 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