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K:\018755-000\Admin\Docs\LTR-hmcc-120621.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 15, 2021 <br />Honorable Mayor, City Council and Staff <br />c/o Charlie Yunker, City Manager <br />City of St. Anthony Village <br />3301 Silver Lake Road NE <br />St. Anthony, MN 55418 <br />Re: Stormwater Facility Maintenance Agreement <br />Urban Grove – PID #0702923230001 <br />St. Anthony Village, MN <br />Dear Honorable Mayor, City Council, and Staff: <br />Following this letter is a Stormwater Facilities Maintenance Agreement and Restrictive Covenant <br />related to the Urban Grove improvement project. Such an agreement is required as the <br />improvement as proposed will convey stormwater runoff generated from the adjacent Hyden <br />Grove property, through an overland drainage swale across the Urban Grove property, to an <br />existing storm sewer culvert near Kenzie terrace. Per the Agreement, the applicant shall: <br />1.Agree to construct and maintain a stormwater swale on his/her property as shown on the <br />approved drawing in exhibit B. <br />2.Maintain and preserve the drainage swale until such time as the City, its successors or <br />assigns, agree that the drainage swale should be altered in some manner or eliminated. <br />3.Not to dismantle, revise, alter or remove part of the drainage swale except as necessary for <br />maintenance, repair, or replacement. <br />4.Be responsible for inspecting and maintaining the drainage swale, on an annual basis. The <br />property owner will provide a letter to the City Engineer by September 1st of each year, <br />stating that inspection and maintenance have been completed. <br />5.Assume all responsibility for the cost of any maintenance and for repairs to the drainage <br />swale. Such responsibility shall include reimbursement to the City within 30 days after the <br />City mails an invoice to the Owner for any work performed by the City. Overdue payments will <br />require payment of interest by the Owner at the current legal rate as liquidated damages. <br />6.Obtain written approval from the City Engineer prior to performing any alterations or <br />modifications to the drainage swale. <br />If you have any questions, I will be present to discuss this at the December 14, 2021 Council <br />Meeting or please call me at 651.286.8465. <br />Sincerely, <br />WSB <br />Justin Messner, PE <br />City Engineer <br />Attachments <br />cc: Nicole Miller, City of St. Anthony Village <br />71