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HomeMy WebLinkAbout20230516(Reserved for Recording Data) STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the 16 day of May, 2023 ("Effective Date"), by and between MFG — Southdale Owner, LLC, a Delaware limited liability company (the "Owner") and the City of Edina, a Minnesota municipal corporation (the "City"). RECITALS A. The City is the owner of certain real property located in Hennepin County; Minnesota depicted in Exhibit A attached hereto (the "City Promenade"); and B. The Owner is proceeding to build on and develop on property adjacent to the City City Promenade, and has received approval of the final plat for the proposed development ("3650 Hazelton") described in Exhibit B attached hereto; and C. The final plans for 3650 Hazelton, hereinafter called the "Plans", which are expressly made a part hereof, as approved or to be approved by the City, which are on file with the City, provides for detention/retention of stormwater within the confines of the 3650 Hazelton and the City Promenade; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Edina, Minnesota, require that on-site stormwater management/BMP facilities as shown on the Plans ("Stormwater Facilities") be constructed and maintained on 3650 Hazelton and the City Promenade; and E. The City requires that the Owner agree to construct the Stormwater Area as shown on the Plans and adequately maintain the Stormwater Facilities as shown on Exhibit A attached hereto as a condition of final site plan approval of 3650 Hazelton; and 224157vI F. As a condition of fmal site plan approval the Owner is required to enter into this Agreement and provide maintenance on the stormwater infiltration basin and swale located within the City Promenade as shown on Exhibit A (the "Stormwater Area") to comply with work required under the terms of this Agreement, all subject to the terms of this Agreement. NOW, T'RFREFORE, 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. Comstmetion.,,sfitnrmwateLlitellitea. Owner/Developer shall construct the Stormwater Facilities in accordance with the Plans and specifications identified in the Plans. The parties agree that the construction of such Stormwater Facilities has been completed. 2. Maintenance of Stormwater Facilities. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit C (collectively, "Stormwater Maintenance Plan"). This includes all pipes, channels, and other conveyances within 3650 Hazelton and the City Promenade built to convey stormwater to the facility, as well as all structures, improvements, and vegetation within the 3650 Hazelton and the City Promenade provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their designed functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. The maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on Exhibit C, and such schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually to the City upon request and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the Stormwater Facilities. The inspection shall cover the entire facilities, swales, stormwater features, outlet structure, etc. within the Stormwater Area. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plans and with Exhibit C. 4. 0 It 11J • t • A. The City hereby grants permission to the Owner, its authorized agents and employees, to enter upon the Stormwater Area to inspect the Stormwater Facilities in accordance with the Stormwater Maintenance Plan. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition in accordance with the terms of this Agreement and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City 2 224157v1 may take whatever steps are reasonably necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the reasonable costs of such repairs to the Owner, its successors and assigns, including assessing the City's costs to the Owner's property taxes. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation of the Stormwater Facilities, except complaints and legal claims arising out of or resulting from the City's and its contractors, agents, servants, and assigns intentional misconduct or negligence. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim, except those arising out of or resulting from the City's and its agents' and employees' intentional misconduct or negligence. 5. Grant of Access. City hereby grants to the Owner, its successors and assigns, permanent non-exclusive access for the purpose of maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Stormwater Area. The access shall include the rights of the Owner, its contractors, agents, servants, and assigns, to enter upon the Stormwater Area to construct, reconstruct, inspect, repair, and maintain the Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Stormwater Area as necessary to maintain the Stormwater Facilities in accordance with the terms of this Agreement and the further right to remove trees, bushes, undergrowth, and other obstructions in the Stormwater Area interfering with the location, construction, and maintenance of the Stormwater Facilities, so long as such actions do not have a material adverse effect on the City Promenade. 6. Reimbursement of Costs The Owner agrees to reimburse the City for all reasonable costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees, unless the City does not prevail in its enforcement of this Agreement. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City, except in the event of the City's negligence or intentional misconduct. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner's agents or employee's negligence or intentional misconduct, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own acts in the performance of the Owner's required work under this Agreement, but this indemnification shall not extend to intentional misconduct or negligence by the City, it's agents or employees. 3 224157v I 8. Notice. All notices required under this Agreement 'shall either be personally delivered or be sent by certified or registered mail and addressed as follows:. To the Owner : MFG — Southdale Owner, LLC Greystar Attn: Gary Wallace 750 Bering Drive, Suite 200 Houston, TX 77057 To the City: City of Edina Edina City Hall, 4801 W 50th Street, Edina, Minnesota 55424 Attn: City Administrator All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 9. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall transfer to Owner's successors and assigns in title to 3650 Hazelton, except the transferor Owner shall remain liable for any duties and obligations that first arose prior to the date of such transfer and were required to be performed by the date of such transfer. The terms and conditions of this Agreement shall run with the 3650 Hazelton. 4 224157v OWNER: MFG — SOUTHDALE OWNER, LLC, a Delaware limited liability company By: MFG Southdale Venture, LLC, a Delaware limited liability company, its sole member By: GS Southdale Holdings, LLC, a Delaware limited liability company, its authorized member STATE OF TEXAS )ss. COUNTY OF HARRIS ) The foregoing instrument was acknowledged before me this 12 day of 2023, by Cory of GS Southdale Holdings, LLC, a Delaware limited liability company, as authorized member of MFG — Southdale Venture, LLC, a Delaware limited liability company, as the sole member of MFG— SOUTHDALE OWNER, LLC, a Delaware limited liability company, on behalf of the company. Notary Public Signature Page to Stormwater Maintenance Agreement/Best Management Practice Facilities and Access Agreement 224157v1 CITY OF EDINA BY: James Hovland, Mayor (SEAL) BY: sco, Scott Neal, City Manager STATE OF MINNESOTA ) ( ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ttiL day of 2023, by James Hovland and by Scott Neal, the Mayor and City Manager of the City of ka Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ELIZABETH A. MOORE NOTARY PUBLIC MINNESOTA y Commission Expires Ian. Si, 2027 THIS INSTRUMENT WAS DRAF LED BY: CAMPBEIJ KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 210 Eagan, Minnesota 55121 Telephone: 651-452-5000 Signature Page to Stormwater Maintenance Agreement/Best Management Practice Facilities and Access Agreement 224157vI O 20194Vestood ridessIonol Seroko. Inc. otiamonthmown 811 or cal1011 cam saunonCnird Aline O STORMWATER KEYNOTES I UNDFROOIMOSTORMWATER Rif EMMY PIRNOUS PAW'S 1 sWAtE eIHNLIKAIION BASIN o EDINA PROMENADE Westwood STORMWATER SI IEEINUMOIS: 1 RESIDENCES Ne41 iliM11.61% oliEndOttekua.0.04auli. tt> vas t1403i64>al stwattr..Ameit.1 MAINTENANCE - OF 1 wAyt-3 MINA, MN EXHIBIT A (01t1O7111 unit: 12107119 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Description of the Property The land to which this Stormwater Maintenance Agreement applies is located in Hennepin County, Minnesota, and is depicted as follows: A-1 224157v1 EXHIBIT B TO STORMWATER MAINTENANCE AGREEMENT Description of the 3650 Hazelton Lot 4, Block 1, Yorktown, Hennepin County, Minnesota Torrens Property Certificate of Title No. 1460842 B-1 224157v1 EXHIBIT C TO STORMWATER MAINTENANCE AGREEMENT Stormwater Maintenance Plan and the City Engineering Standards for Stormwater Treatment Facilities STORMWATER FACILITIES MAINTENANCE The PROPERTY OWNER or their designee is responsible for completing inspections and conducting maintenance. SITE LOCATION: 3650 Hazelton Rd, Edina, MN Infiltration Basin Maintenance Infiltration basins are designed to remove pollutants from stormwater runoff and reduce runoff volume through infiltration. Maintenance is required and is extremely important. Sediment and debris must be removed regularly to maintain correct function. This document serves as guidance to developing an inspection and maintenance plan. All stormwater retention, detention and treatment basins (labeled in Exhibit A) must be inspected at least once a year to determine that basin retention and treatment characteristics remain adequate for the intended purposes. A treatment basin will be considered inadequate if sediment has decreased the wet storage volume by 50 percent or dry storage volume by 25 percent of its original design volume. Based on this inspection, if a stormwater basin requires sediment cleanout, the basin will be restored to its original design contours and vegetated state within one year of the inspection date. A log of the dates, conditions and results of the inspections conducted in accordance with the schedule, as well as corrective actions taken in response to inspection results and results of these corrective actions, must be kept onsite and made available to the City and its designated agents with reasonable notice during normal business hours. Pervious Pavers Pervious pavers and pervious concrete must be inspected at least after a major storm and otherwise annually; surface openings must be vacuumed in dry weather to remove any dry, encrusted sediment; and broken units that impair the structural integrity of the surface must be replaced. If water stands in the facility for an extended period, base materials must be replaced. Swales and Pervious Areas Swales and pervious areas must be preserved in perpetuity in a pervious, vegetated state. Underground Storage Chambers Underground storage chambers must be inspected at least once a year to ensure that adequate storage capacity remains. Capacity will be considered inadequate if sediment has decreased the storage volume by 50 percent of its original design volume. Accumulated debris and sediment will be removed, and inlet and outlet structures will be cleared of any flow impediments. C-i 224157v1 Sump Manholes, Outlet Structures, Culverts, and Outfall Structures Sump manholes, outlet structures, culverts and outfall structures must be inspected in the spring, summer and fall of each year, Within 30 days of the inspection date, all accumulated sediment and debris must be removed such that each sten-meter facility operates as designed and permitted. Contributing drainage areas must be kept clear of litter and vegetative debris, inflow pipes and overflow spillways kept clear, inlet areas kept clean, and undesirable vegetation removed. Erosion impairing the function or integrity of the facilities, if any, will be corrected, and any structural damage impairing or threatening to impair the function of the facilities must be repaired. Maintenance Plan Information This Stormwater Maintenance Plan for the location listed above is submitted by the CURRENT OWNER on the Effective Date of the Stormwater Maintenance Agreement. Inspection and maintenance records are required to be kept on file for five (5) years and submitted to the City upon request by the City. Inspection & Maintenance Checklist • Clean basin. Remove any sediment, trash and debris. • Remove any dead vegetation, trim live vegetation if needed and remove weeds. • Inspect and clean pre-treatment area(s) (e.g. sump, concrete flume, rock/rip-rap). • Repair inlet erosion/damage. Inspect bottom of the basin and remove any sediment. • If water is not infiltrating within 48 hours, loosen, aerate or replace soils to ensure water infiltrates — must infiltrate within 48 hours. • Paved surfaces draining to basin swept and kept free of sediment and debris. • Replace dead plants/vegetation. Manage native vegetation (if applicable) through mowing, spot spraying for weeds and/or prescribed burning. Water as needed. • Erosion will be repaired. • Photos taken. • Jnspection records submitted to the City of Edina upon request. * *Please keep a copy of this Plan for your records** C-2 224157v1