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HomeMy WebLinkAbout2020-32 Good Samaritan Maintenance Agreement - signed1 Amendment to the Cooperative Agreement Between Nine Mile Creek Watershed District and Good Samaritan United Methodist Church Best-Management Practice Implementation – Maintenance This amends the June 12, 2019, cooperative agreement entered into by Nine Mile Creek Watershed District, a watershed district created pursuant to Minnesota Statutes chapters 103B and 103D (NMCWD), and Good Samaritan United Methodist Church (Good Samaritan) for purposes of the design, construction, operation and maintenance of a rain garden stormwater best- management practice (the Project) on property owned by Good Samaritan at 5730 Grove Street, Edina, Minnesota (the Property). The June 12, 2019, agreement is referred to herein as “the Agreement.” In the course of construction of the Project, the parties identified the need to install an underdrain pipe to support effective and efficient operation of the rain garden. The underdrain, however, implicates additional technical maintenance requirements that are beyond the scope of the maintenance contemplated by the Agreement as the responsibility of Good Samaritan after an initial two years of startup maintenance performed by NMCWD. To endeavor to ensure the continued effectiveness of the BMP as constructed and to fulfill the intent of the parties’ partnership in light of these developments, the parties wish to provide for ongoing maintenance of the underdrain by NMCWD, necessitating the grant by Good Samaritan of additional rights for NMCWD to enter and use the Property. In consideration of the terms and conditions set forth herein, and mutual consideration, the sufficiency of which both parties hereby acknowledge, NMCWD and Good Samaritan agree to amend the Agreement as follows: Amendment A. Final project approval. The parties acknowledge that the as-built drawings attached hereto and incorporated herein in Exhibit A represent the final constructed best-management practice and associated improvements (the Final Project), and affirm that the Final Project is consistent with and fulfills the purposes of the Agreement. By the signature below of the individual authorized by Good Samaritan to execute this amendment on its behalf, Good Samaritan approves the Final Project and affirms that ownership of the Final Project, including the underdrain, has vested in Good Samaritan by terms of the Agreement. B. Maintenance. In coordination with Good Samaritan, NMCWD has developed the maintenance protocols attached to and incorporated into this amendment as Exhibit B as term hereof (the Maintenance Plan). In fulfillment of the terms of the Agreement, NMCWD will implement the Maintenance Plan for two years from the date of completion of construction of the Project, July 30, 2020. The Maintenance Plan identifies reporting to be completed by Good Samaritan and delineates protocols for monitoring the ongoing effectiveness of the Project, as well as routine maintenance and repair of the Final Project, and Good Samaritan affirms by its signature below its commitment to implement the Maintenance Plan for 15 years beginning July 31, 2022, except that NMCWD will remain responsible for maintenance of the underdrain pipe as shown and labeled in Exhibit A in accordance with the applicable provisions of the Maintenance Plan. On 3 Exhibit A As-Built Drawing and Underdrain Maintenance Area 4 Exhibit B Maintenance Plan Raingarden must be routinely maintained as follows: 1. Every month during the growing season (May-September) a. Remove weeds. b. Remove trash and debris. c. Replace mulch in void areas if erosion is evident. d. Inspect plants and shrubs to evaluate their health. Remove any dead or severely diseased plants or shrubs. e. Inspect pretreatment area and remove any sediment and debris build-up. f. Correct any erosion problem or structural problems. Consult with watershed district if severe problems occur. g. During a drought, if plants are wilting, or following plant replacement, water plants 1” per week. Rainfall is included in the 1-inch a week watering total. h. Sweep around the parking lot inlet area and dispose of the materials in the trash. 2. Annually, in spring (once soil temperatures reach 50 degrees F) a. Cut back and remove previous year’s plant material to a height of 12-18”. b. Remove accumulated leaves. c. Check that water is infiltrating within 48 hours of a rain event ending. d. Add, move, or divide plants if bare spots visible or overcrowding is occurring. 3. Annually, in fall a. Replace plants and shrubs, as necessary. b. Prune shrubs and deadhead plants when dormant (after first frost), as necessary. c. Make a snow removal plan that avoids piling snow in the raingarden, if possible. Too much snow can compact the soil and inhibit infiltration in the garden and damage plants. Salt, dirt, and debris from snow piles can also damage the plants and raingarden. 4. Every three to five years a. Replace or add double shredded hardwood mulch so that depth is 3-4”. Reporting. Property owner will submit a maintenance report to NMCWD on or before November 30 each year. The maintenance report should be a brief written description of the maintenance activities performed and photograph(s) of the rain garden. Raingarden Underdrain: NMCWD will annually inspect raingarden underdrain and conduct routine underdrain maintenance, as needed: 1. Inspect annually to ensure underdrain cap is in-place 2. If standing water is observed more than 48 hours after a rainfall ends during routine inspection or reported by owner, inspect underdrain access, to determine if there is standing water in the underdrain. 3. Use a high-pressured hose to clear underdrain if clogged conditions exist Major maintenance or repair: Contact NMCWD with major maintenance or repair concerns. This includes water not draining within 48 hours after a rainfall ends, major erosion, or structural problems.