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MEMORANDUM TO:Mayor and City Council CC:Charlie Yunker, City Manager FROM:Jay R. Lindgren, City Attorney DATE:18 January 2024 RE:Consent to Amendment of Silver Lake Village Stormwater Maintenance Agreement The area in the City known as Silver Lake Village was formerly the site of the Apache Plaza. Beginning in 2004,redevelopment commenced and new parcels were created for the development that exists now.As part of that redevelopment,two stormwater ponds and corresponding infrastructure (the “Ponds”)were created.One is in Salo Park to the South of 39th Avenue and one is directly North of 39th.The property owners share the maintenance costs of the Ponds.The property owners’rights and obligations are governed by a Stormwater Maintenance Agreement (“Stormwater Agreement”)that allocates the maintenance costs of the Ponds among the owners of the approximately 16 lots that are benefitted by the system. Those owners wish to formally add an additional owner to share in the benefits and the costs of the system.The additional property is the Stinson Apartments located at 3725 Stinson Boulevard.The City is not a party to the Stormwater Agreement or this amendment,but has the right to consent to the addition of any properties. Salo Park was also developed nearly 20 years ago as part of the Silver Lake Village development.Salo Park was created through a public-private partnership where the developer built the park and was primarily responsible for maintenance of the Park,including the Ponds.At that time,there was a single owner of all the buildings in the shopping center portion of Silver Lake Village.That owner paid for and maintained most of Salo Park and was responsible for maintaining the Ponds (with reimbursement by the other property owners connected to the Ponds).Over time,portions of the shopping center became owned by different owners and allocating maintenance costs became more difficult.In 2021,the Council approved a modified system where the City provides most maintenance for Salo Park and for the Ponds.The City is reimbursed by the relevant property owners for those services.This was done to create an efficient,single method to provide maintenance and because the City determined there could be better control over the quality of the maintenance.A specific agreement is in place among property owners to pay for these Salo Park and Pond maintenance costs. That background information is provided because,at this point,the City’s primary interest is to make certain all the property owners reimburse for the maintenance.The amendment being requested today only deals with maintenance costs related to the Ponds.No part of the maintenance program is being changed at this point.Rather,the owner of the Stinson Apartments will now be formally required to pay a portion of the maintenance costs for the Ponds. 25