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HomeMy WebLinkAbout2002-163 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 01-163 RESOLUTION APPROVING STORMWATER MAINTENANCE AGREEMENT WITH EMERGENCY APPARATUS MAINTENANCE WHEREAS, the City of Lino Lakes has approved the building expansion of the Emergency Apparatus Maintenance site, and WHEREAS, Rice Creek Watershed District permit #02-033 for the referenced site requires the agreement with the City of Lino Lakes, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: 1. Approved the Stormwater Management Agreement between the City of Lino Lakes and Emergency Apparatus Maintenance. Adopted by the Lino Lakes City Council this 28th day\of October, 2002. 14 Ann Blair, City Clerk Johon, ayor AGENDA ITEM 7K STAFF ORIGINATOR: James E. Studenski, City Engineer COUNCIL MEETING DATE: October 28, 2002 TOPIC: Resolution No. 02-163, Approving Stormwater Maintenance Agreement with Emergency Apparatus Maintenance VOTE REQUIRED: Simple Majority BACKGROUND: The City of Lino Lakes approved the expansion of the Emergency Apparatus Maintenance building. As part of that improvement, the RCWD has required a Stormwater Maintenance Agreement between the owner and the City of Lino Lakes (copy attached) The City Attorney and Emergency Apparatus Maintenance attorney have reviewed and approved of the agreement. This will be a RCWD requirement for all ponding areas developed on private parcels within the City. Under this agreement the Owner assumes full and sole responsibility for the condition, operation, repair, maintenance, and management of the system. In the event the Owner doesn't maintain the system; the City can rectify the deficiency and be reimbursed by the Owner. OPTIONS: 1. Return to staff for further review. 2. Adopt Resolution No. 01-163, Approving Stormwater Maintenance Agreement with Emergency Apparatus Maintenance. RECOMMENDATION: Option No. 2 - Staff recommends that Resolution No. 01-163 be adopted. OPERATION AND MAINTENANCE AGREEMENT FOR STORMWATER TREATMENT FEATURES THIS AGREEMENT made and entered into this day of , 2002, by and between David Schreier and Cynthia Schreier, hereinafter referred to as "Owner" of the below described Property; and the City of Lino Lakes, a political subdivision of the State of Minnesota, hereinafter referred to as "City". (Lot 1, Block 1, Apollo Business Park, Anoka County, Minnesota) WHEREAS, the City has required the Owner to provide an on-site infiltration basin to accommodate storm water and the rate of flow of area run-off, and WHEREAS, the Owner agrees to construct an infiltration basin on the above described Property and do all related grading, slope work and restoration. 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 basin (System) which meets Rice Creek Watershed District (RCWD) standards originally approved RCWD permit #02-033 for the purpose of receiving, retaining, treating and transporting all storm sewer water which may be collected within the System. 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 originally approved by RCWD permit #02-033, (2) maintain all native perennial vegetation in the System area in a way which does not compromise the effectiveness of the infiltration System, (3) maintain and trim all other shrubs and vegetation in the System area, (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, (7) disc or aerate soils as necessary to maintain soil infiltration capacity, and (8) take all other and further steps which would be reasonably necessary for the purpose of maintaining the stormwater management feature. 4. The Owner agrees to indemnify, and hold harmless and defend the City from all present and future claims that may arise from the construction and maintenance of the System located on the Owner's property. 5. In the event that the City believes that the Owner is not maintaining the Detention Pond improvement in a fashion reasonably consistent with this Agreement, then the City may give written notice to the Owner detailing the deficiency in the manner in which the owner is maintaining the Pond. If, within 60 days after receipt of this notice, the deficiency described in the notice has not been corrected by the Owner, then the City may, without further notice, take any steps which it deems reasonably necessary in order to correct the deficiency; provided, however, that if the deficiency complained of in such notice is of such a nature that the same can be rectified or cured, but cannot with reasonable diligence be completed within said 60 -day period, then such deficiency shall be deemed to be rectified or cured if Owner shall, within said 60 day period, commence to rectify and cure the same and shall thereafter complete such rectification and cure with all due diligence. If the Owner does not rectify or cure as provided herein, and the City corrects the deficiency, the Owner agrees to then reimburse the City within 30 days of receipt of invoice for all reasonable costs incurred, to include administrative overhead, by the City in correcting the deficiency. If this invoice is not paid within 30 days of receipt, or the Owner has not commenced an action to contest the reasonableness of the invoice, then the Owner agrees that the City may assess the cost against the Owner's property. In the event that it becomes necessary for the City to assess the cost of correcting the deficiency as provided herein, then the City is authorized to direct the County Assessor to certify this assessment against the Owner's real property described above, and the Owner waives any right to a public hearing and appeal of such assessment which may statutorily or constitutionally provided for. 6. That any notices required under this agreement shall be sent by certified mail, return receipt requested. or by personal service at the following address: (David Schreier, Emergency Apparatus Maintenance, 7512 4th Avenue, Lino Lakes MN 55014) FURTHER, IT IS AGREED that the provisions of this agreement shall be binding upon and enforceable against the parties hereto, their successors and assigns and all subsequent owners of the property here described. An executed copy of this agreement shall be filed with the Anoka County Recorder's Office/Registrar and be made a part of and be binding upon the above described property. This instrument will be unlimited in duration without being re-recorded. Dated: Dated: Dated: David Schreier Cynthia Schreier CITY OF LINO LAKES By: Its: By: Its: The foregoing instrument was acknowledged before me this day of , 2002 by David Schreier and Cynthia Schreier, husband and wife. (signature) (stamp) The foregoing instrument was acknowledged before me this day of , 2002 by the of the City of Lino Lakes, a political subdivision of the State of Minnesota, on behalf of the City of Lino Lakes. (signature) (stamp) This instrument was drafted by: Name Craig Schlichting Address PLOWE ENGINEERING, INC. 3008 149th Avenue Circle Pines, MN 55014