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Home My WebLink AboutOct 6 2015 agreementCITY OF EDINA AND THREE RIVERS PARK DISTRICT NINE MILE CREEK REGIONAL TRAIL: TRUNK HIGHWAY 169 TO XERXES AVENUE STORM WATER AGREEMENT (P4", 2015, THIS AGREEMENT is made and entered into as of the day of by and between the City of Edina, a Minnesota municipal corporation (the "City") and the Three Rivers Park District, a public corporation and political subdivision of the State of Minnesota (the "Park District"). WHEREAS, the City is the fee owner of certain real properties located in the Hennepin County, Minnesota, depicted on Exhibit A attached hereto; and WHEREAS, the Park District has agreed to construct and maintain certain storm water facilities (the "Storm Water Improvements") for its Nine Mile Creek Regional Trail Project, consistent with the rules and requirements of the Nine Mile Creek Watershed District (the "Watershed District"); and WHEREAS, Watershed District rules require permanent provisions for treatment of storm runoff, including terms and conditions for operation and maintenance of the Storm Water Improvements; and WHEREAS, the City and the Park District intend to comply with certain Watershed District conditions, including entering into a permanent agreement regarding the Storm Water Improvements. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Gleason Road Infiltration Basin The Park District will construct and operate a storm water infiltration basin on the east side of Gleason Road between Vernon Avenue and Bredesen Park (the "Gleason Road Basin"), as depicted on Exhibit A attached hereto. The City hereby grants the Park District permanent and irrevocable access to the property depicted on Exhibit A to construct, operate, inspect, and maintain the Gleason Road Basin. A. Permanent Maintenance of Contributing Drainage Area and Basin Area: The Gleason Road Basin has been designed to retain storm water from City-owned rights of way, as depicted in Exhibit B and quantified in the Park District permit application to the Watershed District dated March 18, 2015. The City hereby agrees to make no modification to the City right-of-way within the area depicted in Exhibit B that would result in a net reduction of the storm water volume being retained by the Gleason Road Basin without prior approval by the Park District or the Watershed District. Said approval will require documentation that compensatory volume for the volume of storm water removed from the Gleason Road 1 basin is being provided elsewhere in a location acceptable to the Watershed District. The City agrees to make no modification to the basin area as depicted on Exhibit A that would affect the functionality of the basin, including but not limited to retention and infiltration of storm water as designed, without prior approval from the Park District and Watershed District. B. Maintenance of the Infiltration Basin: The Park District agrees to maintain the Gleason Road Basin and observe all drainage laws governing the operation and maintenance of the basin. Maintenance, at a minimum, shall include annual inspection and repairs as required. The Park District shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records to the City upon request. The cost of all inspections and maintenance shall be the obligation of the Park District and its successors or assigns. The City may maintain the Gleason Road Basin, as provided in this paragraph, if the City reasonably believes that the Park District or its successors or assigns has failed to maintain the Gleason Road Basin in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Park District written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that the Park District is making a good faith effort to complete said task. The City's notice shall specifically state which maintenance tasks are to be performed. If the Park District does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Park District or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. The Park District shall reimburse the City for its costs within 30 days of receipt of an invoice for such costs, provided said invoice reflects costs mutually agreed as reasonable by the City and Park District. 2. Infiltration Swales along the Nine Mile Creek Regional Trail Corridor The Park District will construct and operate three (3) infiltration swales parallel to the Nine Mile Creek Regional Trail, as depicted on Exhibit A attached hereto. The City hereby grants the Park District permanent and irrevocable access to the properties depicted on Exhibit A to construct, operate, inspect, and repair the infiltration swales as required. A. Permanent Maintenance of Infiltration Swale Volume: The infiltration swales have been designed to retain storm water from the Nine Mile Creek Regional Trail, as quantified in the Park District permit application to the Watershed District dated March 18, 2015 and the supplemental permit application to the Watershed District dated April 22, 2015. The City hereby agrees to make no modification to the infiltration swales depicted in Exhibit A that would result in a net reduction of the storm water volume being retained without prior approval by the Park District or the Watershed District. Said approval will require documentation that compensatory volume for the volume of storm water removed from the infiltration swales is being provided elsewhere in a location acceptable to the Watershed District. If the City incorporates the required storm water volume into the storm water design of a property redevelopment, the Park District 2 shall no longer be responsible for any maintenance responsibilities as identified in Paragraph 2.B of this agreement for the affected property. B. Maintenance of Infiltration Swales: The Park District agrees to maintain the storm water functionality of the swales, including but not limited to infiltration and drainage laws governing the operation and maintenance of the basin. Maintenance, at a minimum, shall include annual inspection and repairs to infiltration performance as required. The Park District shall make all such scheduled inspections, keep record of all inspections and maintenance activities, and submit such records to the City upon request. The cost of all inspections and maintenance of storm water infiltration capacity shall be the obligation of the Park District and its successors or assigns. The City may maintain the storm water functionality of the infiltration swales, as provided in this paragraph, if the City reasonably believes that the Park District or its successors or assigns has failed to maintain the infiltration swales in accordance with applicable drainage laws and other requirements and such failure continues for 30 days after the City gives the Park District written notice of such failure or, if such tasks cannot be completed within 30 days, after such time period as may be reasonably required to complete the required tasks provided that the Park District is making a good faith effort to complete said task. The City's notice shall specifically state which maintenance tasks are to be performed. If the Park District does not complete the maintenance tasks within the required time period after such notice is given by the City, the City shall have the right to perform such maintenance tasks. In such case, the City shall send an invoice of its reasonable maintenance costs to the Park District or its successors or assigns, which shall include all reasonable staff time, engineering and legal and other reasonable costs and expenses incurred by the City. The Park District shall reimburse the City for its costs within 30 days of receipt of an invoice for such costs, provided said invoice reflects costs mutually agreed as reasonable by the City and Park District. The City shall be responsible for routine maintenance of the infiltration swale areas, including but not limited to mowing, turf maintenance, and refuse collection. City shall be responsible for removing any debris from the infiltration swales that prevents the swales from performing as designed. 3. Permits and Assessments. City shall grant the Park District all City approvals, City permits, and other official City permissions necessary to operate, maintain, and construct the Storm Water Improvements as depicted on Exhibit A. In consideration of the Park District's performance under this Agreement including its maintenance obligations, City hereby agrees that the Park District shall not be subject to assessment by the City pertaining to improvements made on the lands included in, or adjacent to, the Storm Water Improvements. 4. Inconsistent Rights. The City, for itself, its successors and assigns, hereby covenants that it will not construct nor grant others the right to construct any structures or improvements on the areas of the Storm Water Improvements as depicted on Exhibit A which are inconsistent with the rights and interests herein granted to Park District, but the City shall otherwise have the right to use the areas and to grant to others such rights. 3 5. Indemnification. Each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. Minnesota Statutes Chapter 466 and other applicable law govern the parties' liability. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, Subd. la (a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes, Chapter 466 or otherwise. 6. Successor and Assigns. The Agreement shall be binding upon the parties hereto and their respective successors and assigns, provided, however, that neither Park District nor City shall have the right to assign its rights, obligations and interests in or under this Agreement to any other party without the prior written consent of the other party. 7. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term of this Agreement shall be valid or of any effect unless made in writing and signed by the party or parties to be bound, or its duly authorized representative. Any waiver by either party shall be effective only with respect to the subject matter thereof and the particular occurrence described therein, and shall not affect the rights of either party with respect to any similar or dissimilar occurrences in the future. 8. Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and no right or remedy at law or in equity which either party hereto might otherwise have by virtue of a default under this Agreement nor the exercise of any such right or remedy by either party will impair such party's standing to exercise any other right or remedy. 9. No Agency. Nothing contained herein and no action by either party hereto will be deemed or construed by such parties or by any third person to create the relationship of principal and agent or a partnership or a joint venture or any other association between or among the parties hereto. 10. Saving Provision. If any provision of the Agreement shall be found invalid or unenforceable with respect to any entity or in any jurisdiction, remaining provision of the Agreement shall not be affected thereby, and such provisions found to be unlawful or unenforceable shall not be affected as to their enforcement or lawfulness as to any other entity or in any other jurisdiction, and to such extent the terms and provisions of this Agreement are intended to be severable. 11. Termination. This Agreement may be terminated by Park District or City by mutual agreement or as otherwise provided in this Agreement. This Agreement shall be terminable by either party upon a material breach by the other party. The provisions of Paragraph 5 survive termination with respect to claims that arise from actions or occurrences that occurred prior to termination. 4 12. Governing Laws. This Agreement will be construed in accordance with the laws of the State of Minnesota. 13. Time is of the Essence. Time is of the essence under this Agreement. 14. Title. City warrants that it owns good and marketable title to the properties depicted in Exhibit A and that the undersigned is authorized to execute this Agreement. 15. Notices. Any notice given under this Agreement shall be deemed given on the first business day following the date the same is deposited in the United States Mail (registered or certified) postage prepaid, addressed as follows: If to the Park District: Superintendent Three Rivers Park District c/c Legal Counsel 3000 Xeniunn Lane North Plymouth, MN 55441 If to Edina City Manager City of Edina 4801 W. 50th Street Edina, MN 55424 5 By: mks: A Its City an ger Ig612. It Superintendent By: IN WITNESS W EREOF, City and Park District have entered into this agreement as of the date and year firs above written. CITY OF ED THREE RIVERS PARK DISTRICT Its V air - Board of Commissioners ayor J: \PROJECTS \Regional Trails\TNM 1301 Nine Mile Creek RT-Edlna Segment\J Permanent Records\I Agency Agreements\Edina \20150831-For City Signature -Stormwater Maintenance Agreement-JEB.docx 6 GLEAdoN P-ma 74. •22,1,.n Trt1,751, V,C3C "-kw 5900 CORSIRIJOT FED RAMPS SEE DETAIL ON SHEET /0 DAT.. EloSIND CURB 29. NE Cf STA. 200-I47 6004 6008 City of Edina owned Parcel - IDX 053-3111721410022 Gleason fioad Basin 5902 CaSTING 1111UTY CASOIENT _•••• PROTECT DIMINO AND STONE COI, - POOR EC. STA, 170030. STA. 200004.21 ••••„. • --- .-•-••n •••• NINE MILE CREEK - " 6013 — seiair caristRucnott WATS (TYP.) 5904 sEH rex ThreeRivers - 0 30 60 120 180 240 Feet Legend Storm Water Agreement Area I Limited Use Permit - City of Edina NINE MILE CREEK REGIONAL TRAIL STORM WATER AGREEMENT EXHIBIT A-1 V 1181HX3 60 120 180 240 Feet Gleason Road Basin Drainage Swale A City of Edina owned Parcel - tOtt 053-3111721410022 CONSIALICI1ON UNITS (71P) I- ---.. 1n4i - ale° y:-.-_-..7:::-..____—, .. ..-- C...., ea:. - _,, ' __ A :- , .......:,„ _ A.,.. <---,4------_, , , -..,.... . ,....,+---. ,-nn.`.-.----' , .1 '''.... ,:, 1 .--........'...-.'”. _....------t I INV..- ream ,..... - - - . -- .. , .. „ V .. .. r .j , 1_1.16S P ,,F R T . Ar O s. - P F O 7T S 0 E 9 90 D +1 7 T L 4 KNOW MNING T— .FC . l ir smmw EeL REPEL . 7 1 9 i .. 7:,:......0 -- BULKHEAD 12' icosw SEWER -'........''..."`...-........... ) PROPOSED T.C. El.. - 807.40 .2°80+5107 /COSTNG T.0 EL 807.40 06174 STA. 200,20 OFFSET 03 RT NINE 101.E MED< Legend Wi Storm Water Agreement Area I I Limited Use Perrnit - city of Edina ThreeRivers niRrAler PARK NINE MILE CREEK REGIONAL TRAIL STORM WATER AGREEMENT EXHIBIT A-2 SEH I I Legend --- Trail Centerline III Storm Water Agreement Area Limited Use Permit - MnDOT F-1 Limited Use Permit - City of Edina 14, NINE MILE CREEK REGIONAL TRAIL reaRivers RARLDISTRICT STORM WATER AGREEMENT EXHIBIT A-3 •-n City of Edina owned Parcel -1134 0534102824.320037 ... ,.__ ...... .... ABUTPDIT PINGWALL ENDS --, BROW 27101 ENOS ---.— 57A 641+23 \ AT SSA 541+Z3.17 21 SIDE SLOPES RT & LT 57A 641+23 TO STA 542+00 ' - —..... CHAIN UW FENCE ITIMON 41041-9322 STA 541+23.17 \ 70 WA 642+00 RIGHT AND LEFT SIDE , USE 2065.,WAIL 11140101106 ; AT BRIDSCRIIgROACH TO ACHIEVE 1 12. VADE IIIAIL ASSIRIOGE +61216011 (161'.) Drainage Swale B irx, ,,,,,c,,, CONSTRUCTON LAWS (7TP.) (SEE BRIDGE PLANS) '"---, .- SEE LAPWING PLANS FCli PClE AND OVERHEAD POWER . RELOCATE& '...."'",„...., INSTALL =CRETE MEDIAN BARRIER DESIGN 630B An • in --'`,INSTAU. CONCRETE MEDLIN WARIER DESIGN 5308 111154 TRANSITIONS * ESTUINNOUS PAVENENT PATCH FULL 1110111 OF SHOULDER SEE INSET I ON SHEET AO_ •I''''''''. ItlE/"SZSTWAOLZ grAE°61."''II MSC CAME PER EA 41 BRIDGE NO. 276.3I (SEE BRIDGE PLANS) \ 0 \ \ 2 \ 0 _30---60. ------7120 180 / 56. 50' STORM MINER C=, 'INy...811LOO REST STOP E0 Er PAP swam SEM ' CONSTRUCTION MPS (PM.) EETP.) I I Legend -7 Trail Centerline _ Storm Water Agreement Area Limited Use Permit - City of Edina 180 0 30 60 120 240 Feet m LAKE EDINA 35 CMP STOW SEWR Drainage Swale B • O. NINE MILE CREEK REGIONAL TRAIL Tr REP STORM SEWER wv..ramoa City of Edina owned Parcel -EU 053-3102824320037 IRANSMEN CROSS Ei OPE ERMA STA. 691,75 TO STA 672.15 STORM WATER AGREEMENT EXHIBIT A-4 120 180 NINE MILE CREEK REGIONAL TRAIL EXHIBIT A-5 STORM WATER AGREEMENT STUB I r DIA TIP. OUT OF CONC. BARR:ER TERIAINAlE CONDJIT IN HANDHOLE SEE LJGHTING PUNS RETAINING WALL X BE AT STA 563442 1015''7' r GINS " Al STA 663+62 t( ENO CONCRETE BARIXER 1:20 1RAXISTON RT SOE OF TRAIL BE1VEEN STA. 663+02 to STA. 653+67 0 \ 0 I- d it/tv. Mr) 7505 it I INSTALL SALWMED FDICE M- \ I SPECI \ CE DR 13 TO .t4 sZETTI:t4i DETAILS 4930 REFER TO INSET E ON SHEET 30 FOR BRICK PAVER rreicAt. SECRON ADJUST VALVE BOX STA 554+90 re 00 7501 /— EASEMENT . . ,.,,m1" DIVING D CONNECT INTO 005500 NH CR CO SEE RETAINING WALL PLANS RETAINING WALL K DIOS AT STA 557+22 Li n 7 pE —7 Legend --- Trail Centerline WI- Storm WaterAgreement Area I—I Limited Use Permit - MnDOT Ell Private Easement ET Limited Use Permit - City of Edina t0 PROTECT EOSIN() City of Edina owned 1RANSFORMER Parcel -1D4 053-3102824310058 co-PROPOSED CULVERT SEE S1E PUN. SHEET L107 FOR DETAILS 1:20 nuireanom RT AND LT SIDE OF TRAIL BELVIEU STA. 667+22 to STA. 667+42 CT Drainage Swale C reArtsnom moss non acnvem STA. 507U22 to STA. 187i 52 CHAN UNK FENCE DESIGN 400-9322 STA 607+22 TO STA 057+88 FORMER RT AND LT SIDE FRED RICHARDS GOLF COURSE - - 4 0 cr. 0 4700 7465 _ 64 • w - CLINsMuclION LAMS (MA) Alek NORTH 0 30 60 240 Feet NINE MILE CREEK REGIONAL TRAIL Drainage Swale C City of Edina owned Parcel - IDO 0534102824310058 FORMER FRED RICHARDS COLE COURSE EMBANKMENT SURCHARGE SETTLEMENT PLATE a' STA 573+CO -441, • z SETRaIENT PLATE STA 670.50 - SE BONN SURCIIARDE STA 672+00 3, Sn coes-reucnor+ UNITS (VP) N 45 Cs. I I Legend --- Trail Centerline T. Storm Water Agreement Area Limited Use Permit - City of Edina NORTH 0 30 60 120 180 240 Feet STORM WATER AGREEMENT EXHIBIT A-6 SETTENENT PLATE 04, STA S34+00 Drainage Swale C \ s'‹! USE 201 TRA!. TRANSITION Al BROCE APPROACH TO AOLIESE 12' SIDE TRAIL AT ROOM AO-TRENT (TIP.) FORMER CONSTRUCTOR UNITS (1W.) FRED RICHARDS COLF COURSE [./ AS .As -.— LP- ÷4 ..... ..... ....... _ . .. SETILEIADIT PLATE STA sea+ao SETRESIENT PLATE STA BB2+00 I"T ‘‘. City of Edina owned Parcel -ID# 053-3102824310058 City of Edina owned Parcel - ID# 053-3102824310056 #01 0 30 60 120 180\ 240 Feet Legend --- Trail Centerline la Storm Water Agreement Are ET Limited Use Permit - City"Of Edina —.0..7—, STORM WATER AGREEMENT NINE MILE CREEK anA,-tV ThreeRivers SEH REGIONAL TRAIL EXHIBIT A-7 Drainage Swale C am cm.) 4380 7505 , / D3SING TRAIL 40- / END TRAIL SEGIBENT E-1 / STA. 697+00 / , , \ \ / END SURCHARGE STA $90+80 CONSULUCACN OMITS (77P.) EMBANKMENT SURCHARGE City of Edina owned Parcel -ID* 053-3102824310056 FORMER FRED RICHARDS COLI COURSE 3- se ....- 0......... .I • 6. ... _____..,---•-•--- ... .ce _ ..."'---.... TRANSITON CROSS SLOPE ..\4•+" ./.1 BETWEEN STA. 696+28 TO STA. B08+68 , 0- ill 2- I- City of Edina owned Parcel -!Da 0534102824420022 0 30 60 120 180 240 Feet Legend --- Trail Centerline Storm Water Agreement Area ET Limited Use Permit - City of Edina 'ii :EH =7'f 'I ThrreeRiv__ers Pk. ntvrntcr STORM WATER AGREEMENT EXHIBIT A-8 NINE MILE CREEK REGIONAL TRAIL EXHIBIT B Pa, 15