HomeMy WebLinkAbout2984STATE OF MINNESOTA, COUNTY OF HENNEPIN
Certified to he a true and correct copy of the
original on file and of record in my office
1 0 2018
snick, Radistrar of Titles
Deputy. By
11
Doc No T06555290
Certified, filed and/or recorded on
Aug 24, 2018 1:37 PM
Office of the Registrar of Titles
Hennepin County, Minnesota
Martin McCormick, Registrar of Titles
Mark Chapin, County Auditor and Treasurer
Deputy 26 Pkg ID 1728439C
Attested Copy or Duplicate Original $2.00
Document Recording Fee $46.00
Document Total $48.00
Existing Certs
1460121
This cover sheet is now a permanent part of the recorded document.
ENVIRONMENTAL COVENANT AND EASEMENT
This Environmental Covenant and Easement ("Environmental Covenant") is executed pursuant
to the Uniform Environmental Covenants Act, Minn. Stat. ch. 114E ("UECA") in connection with an
environmental response project approved by the Minnesota Pollution Control Agency.
1. Grantor and Property Description.
A. Owner and Legal Description of Property.
Acky-4400 LLC, a Minnesota limited liability company as to an undivided 67% tenants-in-
common interest, and Cleveland Holdings, LLC, a Minnesota limited liability company as to an undivided
33% tenants-in-common interest ("Acky-4400/Cleveland Holdings") are the fee owner of certain real
property located at 4400 France Avenue in Edina, Hennepin County, Minnesota (hereinafter the
"Property"), shown on Attachment 1 and legally described as follows:
Parcel 1:
That part lying Northeasterly of a line parallel to and 10 feet Southwesterly of the rear or
Southwesterly line extended of Lots 1, 2 and 3, Block 1, Fairbairn's Rearrangement of the tract
of land described as follows: That part of Blocks 13 and 14, Waveland Park, and of Block 15,
Waveland, lying South of the South line of West 44th Street, North of the North line of the plats
of Berkley Heights and Fairbairn's Rearrangement in Waveland and Waveland Park, East of the
East line of Curve Avenue and West of the West line of France Avenue, except the
Southwesterly 10 feet of said tract. Hennepin County, Minnesota
Parcel 2:
The Southwesterly 10 feet of that part lying Northeasterly of a line parallel to and 10 feet
Southwesterly of the rear or Southwesterly line extended of Lots 1, 2 and 3, of Block 1,
Fairbairn's Rearrangement, of the tract of land described as follows: That part of Blocks 13 and
14, Waveland Park, and of Block 15, Waveland, lying South of the South line of West 44th Street,
North of the North line of the plats Berkley Heights and Fairbairn's Rearrangement in Waveland
and Waveland Park, East of the East line of Curve Avenue and West of the West line of France
Avenue. Hennepin County, Minnesota
Torrens Property
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B. Grantor.
Acky-4400/Cleveland Holdings is the Grantor of this Environmental Covenant.
2. Grant of Covenant; Covenant Runs with the Land.
Grantor does hereby Covenant and Declare that the Property shall be subject to the Activity and
Use Limitations and associated terms and conditions set forth in this Environmental Covenant including
the Easement in Paragraph 9, and that these Activity and Use Limitations and associated terms and
conditions constitute covenants which run with the Property and which shall be binding on Grantor, its
heirs, successors and assigns, and on all present and future Owners of the Property and all persons who
now or hereafter hold any right, title or interest in the Property. An Owner is bound by this
Environmental Covenant during the time when the Owner holds fee title to the Property. Any other
person that holds any right, title or interest in or to the Property is bound by this Environmental
Covenant during the time the person holds the right, title or interest. An Owner ceases to be bound by
this Environmental Covenant when the Owner conveys fee title to another person, and any other person
that holds any right, title or interest in or to the Property ceases to be bound when the person conveys
the right, title or interest to another person.
3. Environmental Agency; Grantee and Holder of Environmental Covenant; Acceptance
of Interest in Real Property.
A. Environmental Agency.
The Minnesota Pollution Control Agency ("MPCA") is the environmental agency with authority
to approve this Environmental Covenant under UECA.
B. Grantee and Holder; Acceptance of Interest in Property.
The MPCA is the Grantee and Holder of the interest in real property conveyed by this
Environmental Covenant. MPCA has authority to acquire an interest in real property, including an
Environmental Covenant, for response actions under Minn. Stat. § 1158.17, subd. 15. MPCA's signature
on this Environmental Covenant constitutes approval of this Environmental Covenant under UECA and
acceptance of the interest in real property granted herein for purposes of Minn. Stat. § 115B.17, subd.
15.
4. Environmental Response Project.
The Property is the location of releases or threatened releases of hazardous substances, or
pollutants or contaminants that are addressed by an environmental response project under the MPCA
Voluntary Investigation and Cleanup ("VIC") Program. Pursuant to Minn. Stat. § 11511175, subd. 2, the
MPCA has determined that an Environmental Covenant is needed for the Property because of the
presence and potential for exposure to soil contamination and the affirmative obligation to operate and
maintain the active sub-slab soil vapor mitigation system installed on the Property.
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5. Statement of Facts.
A. Facts about the Release and Response Actions.
Soil:
Elevated concentrations of arsenic (up to 172 milligrams per kilogram) have been detected in shallow fill
soil at the Property (upper five feet). Impacted soil is generally contained under impervious bituminous
pavement and building slab foundations, which does not pose a risk to occupants. However, should
disturbance of shallow fill soil be necessary, impacted soil removed from the Property that does not
meet the unregulated fill off-site reuse criteria, will require off-site disposal at a permitted disposal
facility. In addition, should replacement of the parking lot or utilities occur, a two-foot buffer of non-
impacted soil will be required.
Groundwater:
A low concentration of tetrachloroethylene (PCE) was identified within groundwater at the Property
(maximum 3.9 micrograms per liter). The PCE is thought to be associated with regional groundwater
contamination related to several former dry cleaners in the area.
Soil Vapor:
Soil vapor beneath the building floor slab was determined to be impacted by elevated concentrations of
PCE (maximum detection 3400 micrograms per cubic meter). As a result, preemptive mitigation was
performed by installing a sub-slab depressurization system beneath and within the building.
B. Facts Constitute Affidavit Under Minn. Stat. § 115B.16, subd. 2.
The facts stated in Paragraph S.A. are stated under oath by the person signing this
Environmental Covenant on behalf of the Grantor, and are intended to satisfy the requirement of an
affidavit under Minn. Stat. § 1156.16, subd. 2. In the event of a material change in any facts stated in
Paragraph S.A. requiring the recording of an additional affidavit under Minn. Stat. § 1158.16, subd. 2,
the additional affidavit may be made and recorded without amending this Environmental Covenant.
6. Definitions.
The terms used in this Environmental Covenant shall have the meanings given in UECA, and in
the Minnesota Environmental Response and Liability Act (MERLA), Minn. Stat. §1156.02. In addition,
the definitions in this Paragraph 6 apply to the terms used in this Environmental Covenant.
A. "Commissioner" means the Commissioner of the Minnesota Pollution Control
Agency, the Commissioner's successor, or other person delegated by the Commissioner to act on behalf
of the Commissioner.
B. "MPCA" means the Minnesota Pollution Control Agency, an agency of the State
of Minnesota, or its successor or assign under any governmental reorganization.
C. "Owner" means a person(s) that holds fee title to the Property and is bound by
this Environmental Covenant as provided in Paragraph 2. When the Property is subject to a contract for
deed, both the contract for deed vendor and vendee are collectively considered the Owner.
D. "Political Subdivision" means the county, and the statutory or home rule charter
city or township, in which the Property is located.
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E. "Property" means the real property described in Paragraph 1 of this
Environmental Covenant.
F. "Restricted Area" means the Property, consisting of impervious surfaces,
including pavement and building surfaces, as depicted on Exhibit A.
7. Activity and Use Limitations.
The following Activity and Use Limitations shall apply to the Property:
A. Use Limitations.
Grantor's response actions at the Property were conducted to comply with
requirements for restricted commercial use of the Property. Use of the Property for residential, school,
day care, or any other non-commercial purposes is prohibited without prior approval by MPCA in
accordance with Paragraph 8, below.
B. Activity Limitations.
The following activities on the Property are prohibited except as provided in Paragraph
8:
There shall be no disturbance or alteration of soils on the Property of any nature
whatsoever, specifically including, but not limited to, grading, excavation, boring, drilling
or construction except with prior notification to MPCA and under a MPCA-approved
Response Action Plan (RAP). Should replacement of the parking surface or utilities
occur, a minimum two-foot buffer of non-impacted soil will be required.
There shall be no disturbance, removal or interference with the operation of the
sub-slab depressurization vapor mitigation system, the components of which are
depicted in Exhibit B.
C. Affirmative Obligations of Owner.
The Activity and Use Limitations imposed under this Environmental Covenant include
the following affirmative covenants and obligations:
Owner shall maintain the integrity of pavement and building floors at the
Property to prevent human exposure to soil contamination at the Property.
Owner shall maintain, operate and monitor the sub-slab depressurization vapor
mitigation system in the building located on the Property, in accordance with the Sub-
Slab Vapor Mitigation System Operation, Maintenance and Monitoring Plan set forth in
Exhibit B.
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8. Prior MPCA Approval Required for Activities Limited Under Environmental Covenant.
A. Approval Procedure.
Any activity subject to limitation under Paragraph 7.8. shall not occur without the prior
written approval of the Commissioner. The Commissioner's approval may include conditions which the
Commissioner deems reasonable and necessary to protect public health or welfare or the environment,
including submission to and approval of a contingency plan for the activity. Within 60 days after receipt
of a written request for approval to engage in any activities subject to a limitation under Paragraph 7.8.,
the MPCA shall respond, in writing, by approving such request, disapproving such request, or requiring
that additional information be provided. A lack of response from the Commissioner shall not constitute
approval by default or authorization to proceed with the proposed activity.
B. Emergency Procedures.
Owner shall follow the procedures set forth in this Paragraph 8.8. when an emergency
requires immediate excavation affecting contaminated soil or other media at the Property to repair
utility lines or other infrastructure on the Property, or to respond to other types of emergencies (e.g.,
fires, floods):
i. Notify the Minnesota Duty Officer, or successor officer, immediately of
obtaining knowledge of such emergency conditions; the current phone numbers for the Duty Officer are
1-800-422-0798 (Greater Minnesota only); (651) 649-5451 (Twin Cities Metro Area and outside
Minnesota); fax (any location) (651) 296-2300 and TDD (651) 297-5353 or 800-627-3529.
ii. assure that the persons carrying out the excavation limit the disturbance of
contaminated media to the minimum reasonably necessary to adequately respond to the emergency;
assure that the persons carrying out the excavation prepare and implement a
Property-specific health and safety plan for excavation and undertake precautions to minimize exposure
to workers, occupants and neighbors of the Property to contaminated media (e.g., provide appropriate
types of protective clothing for workers conducting the excavation, and establish procedures for
minimizing the dispersal of contaminated dust); and
iv. assure preparation and implementation of a plan to restore the Property to a
level that protects public health and welfare and the environment. The plan must be submitted to and
approved by the MPCA prior to implementation of the plan, and a follow-up report must be submitted
to the MPCA after implementation so that the MPCA can determine whether protection of the public
health and welfare and the environment has been restored.
9. Easement; Right of Access to the Property.
Owner grants to the MPCA, the City of Edina, and Hennepin County an easement to enter the
Property from time to time, to inspect the Property and to evaluate compliance with the Activity and
Use Limitations set forth in Paragraph 7. In addition, for the purpose of evaluating compliance, Owner
grants to the MPCA the right to take samples of environmental media such as soil, groundwater, surface
water, and air, and to install, maintain and close borings, probes, wells or other structures necessary to
carry out the sampling.
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MPCA, the City of Edina, and Hennepin County, and their employees, agents, contractors and
subcontractors, may exercise the rights granted under this Paragraph 9 at reasonable times and with
reasonable notice to the then-current owner, conditioned only upon showing identification or
credentials by the persons seeking to exercise those rights.
10. Duration; Amendment or Termination of Environmental Covenant.
A. Duration of Environmental Covenant.
This Environmental Covenant is perpetual as provided in Minn. Stat. § 114E.40(a).
B. Amendment or Termination by Consent.
i. This Environmental Covenant may be amended or terminated in writing
by the Owner and the MPCA. If an interest in real property is subject to this Environmental Covenant,
the interest is not affected by an amendment of the Environmental Covenant unless the current owner
of the interest consents to the amendment or has waived in the Environmental Covenant or other
signed record the right to consent to the amendment.
ii. The Grantor of this Environmental Covenant agrees that, upon
conveying fee title to the Property to any other person, the Grantor waives the right to consent to
amendment or termination of this Environmental Covenant.
C. Termination, Reduction of Burden, or Modification by MPCA.
The MPCA may terminate, reduce the burden of, or modify this Environmental Covenant
as provided in Minn. Stat. § 114E.40.
11. Disclosure in Property Conveyance Instruments.
Notice of this Environmental Covenant, and the Activity and Use Limitations and Compliance
Reporting Requirements set forth in Paragraphs 7 and 19 of this Environmental Covenant, shall be
incorporated in full or by reference into all instruments conveying an interest in and/or a right to use the
Property (e.g., easements, mortgages, leases), The notice shall be substantially in the following form:
THE INTEREST CONVEYED HEREBY IS SUBJECT TO AN ENVIRONMENTAL COVENANT
UNDER MINN. STAT. CH. 114E, DATED RECORDED IN THE OFFICIAL
PROPERTY RECORDS OF HENNEPIN COUNTY, MINNESOTA AS DOCUMENT NO.
12. Recording and Notice of Environmental Covenant, Amendments and Termination.
A. The Original Environmental Covenant.
Within 30 days after the MPCA executes and delivers to Grantor this Environmental
Covenant, the Grantor shall record this Environmental Covenant in the office of the County Recorder or
Registrar of Titles of Hennepin County.
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B. Termination, Amendment or Modification.
Within 30 days after MPCA executes and delivers to Owner any termination,
amendment or modification of this Environmental Covenant, the Owner shall record the amendment,
modification, or notice of termination of this Environmental Covenant in the office of the County
Recorder or Registrar of Titles of Hennepin County.
C. Providing Notice of Covenant, Termination, Amendment or Modification.
Within 30 days after recording this Environmental Covenant, the Grantor shall transmit a copy
of the Environmental Covenant in recorded form to:
i. each person that signed the Environmental Covenant or their successor
or assign;
ii. each person holding a recorded interest in the Property;
iii. each person in possession of the Property;
iv. the environmental officer of each political subdivision in which the
Property is located; and
v. any other person the environmental agency requires.
Within 30 days after recording a termination, amendment, or modification of this Environmental
Covenant, the Owner shall transmit a copy of the document in recorded form to the persons listed in
items i to iv above.
13. Notices to Grantor and Environmental Agency.
A. Manner of Giving Notice.
Any notice required or permitted to be given under this Environmental Covenant is
given in accordance with this Environmental Covenant if it is placed in United States first class mail
postage prepaid; or deposited cost paid for delivery by a nationally recognized overnight delivery
service; or transmitted by facsimile if followed by mailed notice or overnight delivery as above required.
B. Notices to the Grantor.
Notices to the Grantor shall be directed to:
Acky-4400 LLC
Attn: Stuart Ackerberg
3033 Excelsior Boulevard, Suite 10
Minneapolis, MN 55416; and
Cleveland Holdings, LLC
Attn: Scott Cooper
1040 Bayside Ln
Minnetrista, MN 55364
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C. Notices to MPCA.
All notices, including reports or other documents, required to be submitted to the MPCA
shall reference the MPCA Project Number and be submitted to:
Minnesota Pollution Control Agency
Voluntary Investigation & Cleanup Program
MPCA Project No. BF0000613
520 Lafayette Road North
St. Paul, MN 55155-4194
14. Enforcement and Compliance.
A. Civil Action for Injunction or Equitable Relief.
This Environmental Covenant may be enforced through a civil action for injunctive or
other equitable relief for any violation of any term or condition of this Environmental Covenant,
including violation of the Activity and Use Limitations under Paragraph 7 and denial of Right of Access
under Paragraph 9. Such an action may be brought by:
the MPCA;
ii. a political subdivision in which the Property is located;
iii. a person whose interest in the Property or whose collateral or liability
may be affected by the alleged violation of the covenant;
iv. a party to the Environmental Covenant, including all holders; or
v. any person to whom the Environmental Covenant expressly grants
power to enforce.
B. Additional Rights of Enforcement by MPCA.
In addition to its authority under subparagraph A of this Paragraph 14, the MPCA may
enforce this Environmental Covenant using any remedy or enforcement measure authorized under
UECA or other applicable law, including remedies pursuant to Minn. Stat. §§ 115.071, subds. 3 to 5, or
116.072.
C. No Waiver of Enforcement.
Failure or delay in the enforcement of this Environmental Covenant shall not be
considered a waiver of the right to enforce, nor shall it bar any subsequent action to enforce, this
Environmental Covenant.
D. Former Owners and Interest Holders Subject to Enforcement.
Subject to any applicable statute of limitations, an Owner, or other person holding any
right, title or interest in or to the Property that violates this Environmental Covenant during the time
when the Owner or other person is bound by this Environmental Covenant remains subject to
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enforcement with respect to that violation regardless of whether the Owner or other person has
subsequently conveyed the fee title, or other right, title or interest, to another person.
E. Other Authorities of MPCA Not Affected.
Nothing in this Environmental Covenant affects MPCA's authority to take or require
performance of response actions to address releases or threatened releases of hazardous substances or
pollutants or contaminants at or from the Property, or to enforce a consent order, consent decree or
other settlement agreement entered into by MPCA, or to rescind or modify a liability assurance issued
by MPCA, that addresses such response actions,
15. Administrative Record.
Subject to the document retention policy of the MPCA, reports, correspondence and other
documents which support and explain the environmental response project for the Property are
maintained by the MPCA Voluntary Investigation and Cleanup Program at the MPCA's office at 520
Lafayette Road N in St. Paul, Minnesota in the file maintained for Linhoff Color Photo, MPCA VIC
Program File No. BF0000613.
16. Representations and Warranties.
Grantor hereby represents and warrants to the MPCA and any other signatories to this
Environmental Covenant that, at the time of execution of this Environmental Covenant:
A. Every fee owner of the Property has been identified;
B. Grantor holds fee simple title to the Property which is subject to the interests
and encumbrances identified in Exhibit C to this Environmental Covenant;
C. Grantor has authority to grant the rights and interests and carry out the
obligations provided in this Environmental Covenant;
D. Nothing in this Environmental Covenant materially violates, contravenes, or
constitutes a default under any agreement, document or instrument that is binding upon the Grantor;
and
E. Except as otherwise directed by MPCA, Grantor has obtained, from each person
holding an interest and encumbrance in the Property identified in Exhibit C a Subordination Agreement,
or other agreement satisfactory to the Commissioner, assuring that such person is bound by this
Environmental Covenant and that this Environmental Covenant shall survive any foreclosure or other
action to enforce the interest. Such an agreement may include a waiver of that person's right to consent
to any amendment of this Environmental Covenant. Executed agreements by such persons are attached
as Exhibits D and E to this Environmental Covenant.
17. Governing Law.
This Environmental Covenant shall be governed by and interpreted in accordance with the laws
of the State of Minnesota.
18. Compliance Reporting.
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gnature)
Notary Public
My Commission Expires
The Owner shall submit to MPCA on an annual basis a written report confirming compliance
with the Activity and Use Limitations provided in Paragraph 7 and summarizing any actions taken
pursuant to Paragraph 8 of this Environmental Covenant. Reports shall be submitted on the first July 1
that occurs at least six months after the effective date of this Environmental Covenant, and on each
succeeding July 1 thereafter.
Owner shall notify the MPCA as soon as possible of any actions or conditions that would
constitute a breach of the Activity and Use Limitations in Paragraph 7.
19. Notice of Conveyance of Interest in Property.
Owner shall provide written notice to MPCA within 30 days after any conveyance of fee title to
the Property or any portion of the Property. The notice shall identify the name and contact information
of the new Owner, and the portion of the Property conveyed to that Owner.
20. Severability.
In the event that any provision of this Environmental Covenant is held by a court to be
unenforceable, the other provisions of this Environmental Covenant shall remain valid and enforceable.
21. Effective Date.
This Environmental Covenant is effective on the date of acknowledgement of the signature of
the MPCA.
THE UNDERSIGNED REPRESENTATIVE OF THE GRANTOR REPRESENTS AND CERTIFIES THAT HE/SHE IS
AUTHORIZED TO EXECUTE THIS ENVIRONMENTAL COVENANT.
IN WITNESS WHEREOF, THIS INSTRUMENT HAS BEEN EXECUTED ON THE DATES INDICATED BELOW:
FOR THE GRANTOR:
Acky-4400 LLC
By 11(0 tAti etoodix
Mary Armstrong
Title: President
State of Minnesota
County of Hennepin
On , 2018, this instrument was acknowledged before me, and the facts stated
n were a fir d by Mar Armstrong, President of Acky-4400 LLC, on behalf of Acky-4400 LLC.
1
— — DANIELLE BRANDES GAMBLE
Notary Public
Minnesota
My rnIssion Etre' Januere10122
c-rem4•03 • 7/20/16 10 Doc Type: Environmental Covenant
) SS.
signature)
Cleveland Holdings, LLC
By _-4,nr
Scott Cooper
Title: President
State of Minnesota
) SS.
County of Hennepin
On , t PS IS , 2018, this instrument was acknowledged before me, and the facts stated
herein were ffirmed by Scott Cooper, President of Cleveland Holdings, LLC, on behalf of Cleveland
Holdings, LLC.
1/471S ir
Notary Public
My Commission Expires
c-rern4-03 • 7/20/16 11 Doc Type: Environmental Covenant
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JEANNE MARIE PHILIPSEN
Notary Public-Minnesota
My Commission Dykes Jeri 31,2020
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FOR THE ENVIRONMENTAL AGENCY AND HOLDER:
MINNESOT ON NTROL AGENCY
By signature)
[Name]-5,44pf f ,1,(740,/(print)
Sandeep Burman, Manager
Site Remediation and Redevelopment Section
Remediation Division
Delegate of the Commissioner of the
Minnesota Pollution Control Agency
State of Minnesota
)SS.
County of Ramsey
This instrument was acknowledged before me on uca s t- 23 20 , by
.c_9rv...WW 1Skit/4e (11 , a delegate of the Commissioner of the Minnesota Pollution Control Agency, a
state agency, on behalf of the State of Minnesota. , •
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otary Public
My Commission Expires :Tel no 3I, J0010
THIS INSTRUMENT WAS DRAFTED BY
AND WHEN RECORDED RETURN TO:
Wade Anderson
Gray, Plant, Mooty, Mooty & Bennett, P.A.
500 IDS Center
80 S. 8th Street
Minneapolis, MN 55402
c-rem4-03 • 7/20/16 12 Doc Type: Environmental Covenant
EXHIBIT A
RESTRICTED AREA
c•rem4-03 • 7120116 13 Doc nem,
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EXHIBIT B
SUB-SLAB VAPOR MITIGATION SYSTEM OPERATION, MAINTENANCE AND MONITORING PLAN AND
DEPICTION
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Vapor Intrusion Mitigation System
Operation, Maintenance,
and Monitoring Plan
Linhoff Corporate Color
4400 France Avenue South
Edina, Minnesota
MPCA BF0000613
Prepared for
Acky-4400 LLC
and
Cleveland Holdings, LLC
Project 81713171.01
BRAUN
May 3, 2018
Braun Intertec Corporation
INTERTEC
The Science You Build On.
Table of Contents
A. Introduction 1
B. Purpose 1
C. History 1
D. Vapor Intrusion Mitigation System 1
D.1. Indoor Air Quality Goal 1
D.2. Mitigation Approach 2
D.3. Operating Procedures 2
D.4. Inspection and Maintenance Guidelines 2
E. Contact Information 3
F. Testing and Sampling Results and Requirements 4
G. Future Building Changes 4
Figures
Figure 1
Appendices
Appendix A
Appendix B
Vapor Mitigation System Component Layout
Fan Manufacturer's Information
Vapor Intrusion Mitigation System - Operation Log
BRAUN
INTERTEC
Operations, Maintenance & Monitoring Plan
4400 France Avenue South
Edina, Minnesota
81713171.01
Page 1
A. Introduction
Braun Intertec has prepared this Vapor Intrusion Mitigation System Operation, Maintenance, and
Monitoring Plan (OM&M Plan) on behalf of the property owner of the building located at 4400 France
Avenue South in Edina, Minnesota (the Site). As of this writing the property owner is Acky-4400 LLC and
Cleveland Holdings, LLC.
B. Purpose
This OM&M Plan describes the operation and maintenance of the vapor intrusion mitigation system
installed at the Site building.
1. According to current regulations, Site conditions warrant mitigation to reduce the potential for soil
vapor intrusion. To ensure the conditions are mitigated, the components of the mitigation system
must be maintained, and the active mitigation system must run continuously and may require
periodic adjustments or repair.
2. Limited monitoring is needed to verify ongoing mitigation. In addition, risks to human health may
increase if the system fails or if Site conditions change.
3. This OM&M Plan provides information to current and future building owners and/or operators.
C. History
As part of a Phase II Environmental Site Assessment and Supplemental Investigation, Linhoff Corporate
Color, 4400 France Avenue South, Edina, Minnesota dated February 15, 2018 by Braun Intertec (Phase II)
four (4) sub-slab soil vapor samples were collected from the building on January 12, 2018. Analysis of
those samples indicated that the tetrachloroethene (PCE) concentrations in one of the soil vapor samples
exceeded 33 times the Commercial/Industrial ISV. In addition, a second sub-slab sample had elevated
PCE concentrations that were below 33 times the ISV. The results indicated the need to install an active
vapor intrusion mitigation.
D. Vapor Intrusion Mitigation System
D.1. Indoor Air Quality Goal
The concentration of PCE in indoor air inside the building must be maintained below the
Commercial/Industrial Intrusion Screening Values (ISV). As of this writing the ISV for PCE is 33
micrograms per cubic meter (pg/m3).
Operations, Maintenance & Monitoring Plan
4400 France Avenue South
Edina, Minnesota
B1713171.01
Page 2
D.2. Mitigation Approach
Braun Intertec and our subcontractor, Home Safety Solutions (HSS), installed a sub-slab depressurization
system (or SSDS) for the building. The SSDS consisted of three separate vapor mitigation systems to
control the potential vapor intrusion into the entire building (see Figure 1). The vapor intrusion
mitigation systems consist of:
a. Collection system and piping — a total of six suction pits connected by 3-inch PVC pipe to
three fans located on the roof of the building.
b. Gate valves are installed on the pipes above each suction pit. Each of those valves are fully
open at this time.
c. Three Fans — Festa AMG model "Force"
d. Monitors —One manometer per system is connected to the PVC exhaust pipe in the locations
indicated on Figure 1.
e. Warranty — Five year manufacturer's warranty on the Force fans. One year parts and labor
warranty on all components by HSS.
D.3. Operating Procedures
The building owner is responsible for taking actions to ensure the mitigation system is working as
designed:
• Operate the system continuously for the life of the building.
• Monitor the manometers.
• Do not adjust valve settings.
D.4. Inspection and Maintenance Guidelines
The building owner is responsible for performing periodic inspections to ensure the mitigation system is
working as designed:
1. Check and record the readings on the vacuum gauge quarterly. The manometers are located
as shown on Figure 1.
a. Normal operating reading for System 1 is within 0.5 inches of 1.8 inches.
b. Normal operating reading for System 2 is within 0.5 inches of 3.0 inches.
c. Normal operating reading for System 3 is within 0.5 inches of 1.4 inches.
If the manometer reading is 0 inches — fan is not running or exhaust is blocked. If the
manometer gauge reading is more than 1 inch above or below the vacuum indicated above —
vent pipe is blocked below the gauge (water in pipe, etc.).
' Manufacturer's operating manuals provided in Appendix A.
Operations, Maintenance & Monitoring Plan
4400 France Avenue South
Edina, Minnesota
B1713171.01
Page 3
2. Repair or replace failed components of the active vent system within 30 days.
3. Check and record the observed condition of the fans and roof-top seal with the roof
annually.
4. If any portion of the floor is damaged or removed, be sure the concrete is repaired in a
timely manner.
5. Maintain a log of vacuum readings, annual inspections, and actions completed (see Appendix
B). The log will be maintained by the Building Manager or their designate.
E. Contact Information
Braun Intertec
Braun Intertec conducted pre-installation testing, designed the vapor intrusion mitigation
system, and conducted post-installation testing.
Braun Intertec
11001 Hampshire Avenue South
Minneapolis, MN 55438
952-995-2000
Project: 81713171.01
Sub-Contractor
The sub- contractor responsible for installation of the vapor intrusion mitigation system.
Home Safety Solutions Inc.
17092 Barium Street NW
Andover, MN 55304
763-434-3263
MPCA
The agency responsible for regulating actions related to identified contamination.
Minnesota Pollution Control Agency
Voluntary Investigation and Cleanup Program
520 Lafayette Road North
St. Paul, MN 55155
651-296-6300
Operations, Maintenance & Monitoring Plan
4400 France Avenue South
Edina, Minnesota
B1713171.01
Page 4
MDH
The state agency responsible for human health concerns or questions.
Minnesota Department of Health
Site Assessment and Consultation Unit
PO Box 64975
St. Paul, MN 55164
651-201-4897
F. Testing and Sampling Results and Requirements
The pre-diagnostic results, system installation details, post-installation diagnostic results and the post-
installation sub-slab and indoor air results were provided to the MPCA in the RAP Implementation Report
dated May 30, 2018 by Braun Intertec. Based on the results from the post-installation diagnostic and
sampling results, no additional sampling is required.
G. Future Building Changes
If any of the following occur in the future, the vapor intrusion mitigation system should be re-evaluated
to ensure that the system remains effective:
1. Damage or modification of floor, piping, fan, or electric connection.
2. Additions or significant renovations of the building.
3. Installation of sump or drain tile.
Figure 1
Vapor Intrusion Mitigation Component Layout
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INTERTEC
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L INDOOR Am SAMPLE LOCATION
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4400 France Ave. so
Etna, Minnasola
Investigation
Location Sketch
Ii‘LRE
Appendix A
Fan Manufacturer's Information
4finriging Homey irtegnt; and Ethici
urea's Ruin iniatry
kb •
Festa Radon Technologies Co.
Fasts International Radon Supply Technologies. Co. •
•
home products order radon info mitigation NCRA compare about contact
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AMG Force, Radon Extract Fan Performance figures
CFM at STATIC PRESSURE in. w.g.
Model , Volts Watts Max. Amps; 0" 0.5";1.0"11.5" 2.0" 2.5" r3.0"'3.5"4.0"4.5" 5'
I
AMG Force1120V 60Hz1 302 2.48 1240{'12231 2071191 191 174 15511331110 83 155 28
Weight: 8 lbs. 3 oz. Fan Speed: 3000 rpm
Performance shown is for Installation type D - Ducted inlet, Ducted outlet.
Speed (rpm) shown is nominal. Performance Is based on actual speed of test.
Performance ratings do not include the effects of appurtenances in the air stream.
The performance figures shown have been corrected to standard air density.
*We have brackets, too!
14 r
44.
To Order Call 1 (800) 806-7866 or 1. (877) 264-3267
I 5/: '41 141,
ivft, I iteiodo,oai IIA Pra.yesa Ave-ve 1,2rry TM, PA It066
Installation & Wiring Instructions for FRT In Line Centrifugal Duct Fans
Model: FRT FORCE
IMPORTANT NOTE : DO NOT CONNECT THE POWER SUPPLY UNTIL THE FAN IS COMPLETELY INSTALLED.
MAKE SURE THE ELECTRICAL SERVICE TO THE FAN IS LOCKED IN "OFF" POSITION.
PLEASE READ AND SAVE THESE INSTRUCTIONS :
Radon Gas Extract Fans — Fasts Radon Technologies Co. (FRT)
Warning — To reduce the risk of fire, electric shock or injury to persons, observe the following.
1. Thit unit is only for use in the manner intended by the manufacturer. if you have any questions contact the
manufacturer Festa Radon Technologies Co.
2. Installation work and electrical wiring must be done by qualified persons(s) in accordance with all applicable
codes and standards, including fire-rated construction.
3. Suffident air is needed for proper combustion and exhausting of gases thriough the flue(chlinneyrof fuel • .
burning equipment to prevent back drafting. Follow the heating equipment;nianufactureeS gUidatine .and
safety standards such as those published by the National Are Protection, Association 1h/FP4), and the.
Ameripan.Society for Heating, Refrigeration and Air Conditioning Engineers (ABFIRAE), and the local, code
authorities.
4. When atting or drilling into wall or ceiling, do not damage electrical wiring and other hidden utilities.
5. Ducted fans must always be vented to the outdoors.
6. These units can be mounted indoors or outdoors.
7. Do not use these fans with solid state speed controllers.
8. The electric motor is protected by an internal overheat device to preventiminirt —3 motor damage. If the
motor stops working, immediate inspection should be carried out by suitably, qualified persons.
9. Before servicing or cleaning the unit, swftch power off at service panel andlod< the service disconnectitig
means to prevent power from being switched on acCidentilly. When the service disconnecting means cannot
be locked; •securely fasten a prominent warning device, such as a tag, to the service panel. S.
. • ”. 10. Do not use in a window. . , .
• 11. If this unit is to be Installed over a tub or shower, it must be marked as appreptiale trine application arid • . • , be connected to a GFCI (Ground Fault Circuit Interrupter) — protected branch circuit. •
12. Never place a switch where it can be reached from a tub or shower.
13. CAUTION: For General Ventilating Use Only. Do Not use to Exhaust Hazardous Or Explosive Materials
and Vapours.
12. CAUTION: This unit has an unguarded impeller. Do Not Use in Locations Readily Accessible To People
or Animate.
Installation of FRT Force Radon Fans.
The FRT Force Radon Fans can be mounted indoors or outdoors. We recommend that EPA
recommendations be used in choosing the fan location. The FRT fans may be mounted directly onto the
piping system or fastened to a supporting structure. When mounting directly onto a vertical piping system it is
the installers responsibility to make provision to prevent the pipe system sliding into and onto the fan motor
and impeller.
When installing a system with short duct runs terminating close to the fan i.e. within 60"(1.5m) suitable
guards should be incorporated. It is the responsibility of the installer to ensure that all aspects of the system
are taken into consideration.
Rigid dueling sections should be connected to fan spigots by flexible connectors and clips. The flexible
connectors used should be suitable for routine servicing and vibration isolation,
Panay kepi& 119V tap*
(Tecgatw
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Dimensions Electrical Connections
Ensure that the mains supply voltage, frequency, number of phases and power rating comply with the details
on the unit rating label. (situated externally on the plastic casing terminal box cover). All wiring must be in
acconlance with local and / or national electrical codes as applicable, or the appropriate standard ki your
country. The fan must be supplied through a double pole isolating switch having a contact separation of not
less than 1/8" (3mm). Wiring to the terminal box should be made in liquid tight flexible conduit to facilitate
easy maintenance.
Operational Checks.
Check all connections are tight and leak free.
Check the system vacuum pressure with a manometer, ensure that the vacuum pressure is less than the
maxinvidn'recommended operating pressure.
Check andtVedfyiRadon levels by testing to EPA protocol.
4/
Cleaning and Maintenance.
We would recommend that the fan be periodically Checked against the listed operational checks to ensure
trouble free long lasting operation.
FIVE (5) YEAR WARRANTY
Conditions of Warranty
Felt Radon Technologies Co. ("FRT') warrants that the 'FRT FORCE', ('tie Product?) shall be free from defects In material and
won (p for a period of (5) years from the date of purchase by the customer. If within the applicable warranty period the Products
prove to be defective by reason of faulty workmanship or materials, FRT will undertake to have the defective Product (or any pad
thereof) replaced at no cost to the customer subject to the Mowing conditions:
I. The Product Ms been purchased and used solely In accordance With all Environmental Protection Agency CEPA') standard
priclicei arid state and local codes of practice.
2. ,11,14rodeci returned promptly on being found defective, together with this warranty and proof of date of installation at the
customiRta risk and.axpense to Pasta Radon Technologies Co. ('FRT') from whom the Product was purchrssed. Al enquiry's
must be h FRT.
3. This warranty shall not apply to any Product failure or defect due to any cause beyond the reasonable control of FRtincluding;
damage caused through fire, flood, explosion, accident, misuse, wear and tear, neglect, incorrect adjustment or repair, damage
cased through Installation, adaptation, mdclIficatIon or use In an Improper manner or inconsistent with the technical andfor safely
standards required where the Product is used, or to damage occurring during transit to or from the customer.
4. If at any lime during the Warranty Period any part or pads of the Product are replaced with a part or parts not supplied or
approved by FRT, or the Product has been dismantled or repaired by any person not authorized by FRT, FRT shall have the right
to terminate this warranty in whole or In part immediately without further notice.
5. FRT's decision on all matters relating to complaints and Products defects and failure (alleged or actual) shall be IkiaL Any
Product or defective part, which has been replaced, shall be FM's.
8. MIG will offer to customers a Warranty of a hill Five Yews, from data of purchase, in accordance with the terms listed above.
Festa Radon Technologies Co. 47A Progress Avenue, Cranberry Twp., PA 16066
Tel. Toll Free 1(800) 806-7866 or (724) 7724)060 Fax 1(724) 772-9062
FRT FORCE Issue A 0108
Appendix B
Vapor Intrusion Mitigation System
Operation Log
Operation Log
Vapor Intrusion Mitigation System
4400 France Avenue South, Edina, Minnesota
1. Observe each manometer to determine if the fan is running and if air is being exhausted.
2. Take action if the vacuum reading is 0.5 inches above or below the initial reading.
3. Keep this Log on the premises at all times.
Date Initials Vacuum Reading Actions, if any
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.81
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
Date Initials Vacuum Reading Actions, if any
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
Date Initials Vacuum Reading Actions, if any
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.01
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
—
System 1
(initial 1.8")
System 2
(initial 3.0")
System 3
(initial 1.4")
EXHIBIT C
INTERESTS AND ENCUMBRANCES
1. Real estate taxes and installments of special assessments payable in 2018 and thereafter.
2. Rights of public in alley located upon the Land. (Parcel 2)
3. Subject to the following matters as shown on the survey prepared by Egan, Field & Nowak, Inc. dated
January 11, 2018, Job No. 37675:
a, Building on Land overhangs into West 44th Street right of way.
b. Parking lot on Land encroaches into West 44th Street right of way.
c. Cross access occurs by others over Parcel 2, and current half section mapping depicts Parcel 2 as an
extension of the 16 fool wide public alley adjacent to the Southeast.
d. Overhead wires and underground telecommunications lines cross the Land.
4. Mortgage dated March 14, 2018, filed March 19, 2018, as Document No. T05517812, executed by
Acky-4400 LLC, a Minnesota limited liability company, and Cleveland Holdings, LLC, a Minnesota limited
[lability company, as mortgagor, to Gateway Bank, as mortgagee, in the original principal amount of
$1,091,250.00,
5. Assignment of Rents dated March 14, 2018, filed March 19, 2018, as Document No. T05517813,
executed by Acky-4400 LLC, a Minnesota limited liability company, and Cleveland Holdings, LLC, a
Minnesota limited liability company, as grantor, to Gateway Bank, as lender.
6. Financing Statement filed March 19, 2018, as Document No. 105517814, by Cleveland Holdings, LLC,
and Acky-4400 LLC, as debtor, to Gateway Bank, as secured party.
7. Rights of tenant, Linhoff Color Photo Lab, Inc., and parties claiming thereunder, pursuant to unrecorded
lease.
8. Terms and conditions of unrecorded Tenant In Common Agreement, dated March 14, 2018, between
Acky-4400 LLC, a Minnesota limited liability company and Cleveland Holdings, LLC, a Minnesota limited
liability company.
c-rein4-03 • 7/20/16 15 Doc Type: Environmental Covenant
LUCINDA L. HAAS
Notary Public-Minnesota
My Commission Expires Jan 31,2020 I
EXHIBIT D
CONSENT OF MORTGAGEE
The undersigned, the Mortgagee under that certain Mortgage dated March 14, 2018, and filed
March 19, 2018, as Document No. 105517812 in the Office of the Registrar of Titles, Hennepin County,
Minnesota, for itself and its successors and assigns, and as Lender under that certain Assignment of
Rents dated March 14, 2018, and filed March 19, 2018, as Document No. 105517813 in the Office of the
Registrar of Titles, Hennepin County, Minnesota for itself and its successors and assigns, and as secured
party under that certain Financing Statement filed March 19, 2018, as Document No. T05517814 in the
Office of the Registrar of Titles, Hennepin County, Minnesota for itself and its successors and assigns,
does hereby consent to the foregoing Environmental Covenant to which this Consent is attached as
Exhibit D, and agrees to be bound by the terms thereof and agrees that its interest in the property
described therein shall be subordinate to the covenants contained therein. In granting this Consent,
Mortgagee waives the right to consent to any subsequent amendment or modification of the
Environmental Covenant.
By
(signature)
me>
MCA iciAtt (print)
< ame>
ov Mak; ce...oft (print)
<Title>
Gateway Bank
State of Minnesota
) ss.
County of Hennepin
"t" The foregoing instrument was acknowledged before me this 4' day of 2018, by
Ain- inal-Wai the Mitt\ ikk /1/1/4 •
on behalf of the bank.
YV.I.) 'NM& iLria(signature)
Notary Public
Hennepin County, MN
Preferred ID: BF0000613 (MPCA Program No.)
of Gateway Bank, a
c-rem4-04 • 7/26/12 1 Doc Type: Environmental Covenant
4signature)
EXHIBIT E
CONSENT OF TENANT
The undersigned, the "Tenant" under that certain unrecorded lease for the building located at
4400 France Avenue South, Edina, Minnesota, with Acky-4400 LLC, a Minnesota limited liability company
as to an undivided 67% tenants-in-common interest, and Cleveland Holdings, LLC, a Minnesota limited
liability company as to an undivided 33% tenants-in-common interest (collectively, the "Landlord"), for
itself and its successors and assigns, does hereby consent to the foregoing Environmental Covenant to
which this Consent is attached as Exhibit E, and agrees to be bound by the terms thereof and agrees that
its interest in the property described therein shall be subordinate to the covenants contained therein. In
granting this consent, Tenant waives the right to consent to any subsequent amendment or modification
of the Env onmental Covenant.
By signature)
r ame>
--2,8A-019 /.6%-10.1::(07int)
<Name>
(print)
<Tit e>
Linhoff Color Photo, Inc.
State of Minnesota
) ss.
County of Hennepin
).- The foregoing instrument was acknowled ed before me this 7 day of 2018, by ars
2::, Si / A. irevictsih e ,749,-0/0------/- of Linhoff Color Photo Lab, Inc., a
Minnesota corpor n, on behalf of the corporation.
Notary Public
Hennepin County, MN
AG: 41905185-v1
DONNA ELIZABETH GERHARDSON
Notary Public-Minnesota
MY Expires Jan. 31, 2023
Preferred ID: BF0000613 (MPCA Program No.)
GP 4848-1690-3014 vl
c-renal-04 • 7/26/ 12 1 Doc Type: Environmental Covenant