HomeMy WebLinkAbout3185Existing Certs
1495650
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LAND TYPE Torrens (T)
DOC NUM 6019978
Certified, filed and/or recorded on
Jun 23, 2023 11:59 AM
Office of the Registrar of Titles
Hennepin County, Minnesota
Amber Bougie, Registrar of Titles
Daniel Rogan, County Auditor and Treasurer
Deputy 98 Pkg ID 2575875E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
(Reserved for Recording Data)
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the t..P day of 0,3M, , 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").
RECTI ALS
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
flazelton") 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 final 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, 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. Construction of Stormwater Facilities. 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. Owner Access and Maintenance Rights
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.
B. In the event the Owner, its successors and assigns, fails to maintain the Stonnwater
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 Actesi. 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 tights of the Owner, its contractors, agents, servants, and assigns, to enter
upon the Stormwater Area to construct, reconstruct, inspect, repair, and maintain the Stonnwater
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
224157v1
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 : MPG — 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 501h 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
224157v1
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 It day of
2023, by Cory tA,kha , V iCk. Faslane* 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
2241570
CITY OF EDINA
BY-
James Hovland, Mayor
BY:
Sco Na Maraer/
STA 1E OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this (0 •-•1'-' day of )(
2023, by James Hovland and by Scott Neal, the Mayor and City Manager of the City of Edina, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
by its City Council. c •
A .
NOT?&4411.11liIC
SHARON M. ALLISON
Notary Public-Minnesota
My Commission Earning Jan 31, 2025
THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL 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
224157v1
Signature Page to Stortnwater Maintenance Agreement/Best Management Practice Facilities and
Access Agreement
224157v1
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O STORMWATER KEYNOTES
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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:
EDINA PROMENADE
RESIDENCES
EDINA. MN
A-1
STORMWATER
MAINTENANCE
EXHIBIT A
SIIEE I MIMES:
OF
1
IIAII. IJ/16/19
224157v1
EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
Description of the 3650 Hazelton
Lot 4, Block 1, Yorktown, Hennepin County, Minnesota
TOITeriS Property
Certificate of Title No. 1460842
B-1
224157v1
EXHIBIT C
TO
STORMWATER MAINTENANCE AGREEMENT
Stonnwater Maintenance Plan
and the
City Engineering Standards for Stonnwater Treatment Facilities
STORMWATER FACILITIES MAINTENANCE
The PROPERTY OWNER or their designee is responsible for completing inspections and
conducting maintenance
SHE 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 dr), 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 thy 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-1
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 stormwater 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.
• Inspection records submitted to the City of Edina upon request.
**Please keep a copy of this Plan for your records**
C-2
224157v1
(Reserved for Recording Data)
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
AND EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into as of the U day of Tufki. , 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
224157v1
F. As a condition of final 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, 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. Construction of Stormwater Facilities. 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 I inelton 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. Owner Access and Maintenance Rights.
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.
B. 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
224157v I
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
224157v1
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: Gay Wallace
750 Bering Drive, Suite 200
Houston, TX 77057
To the City: City of Edina
Edina City Hall,
4801 W 50`11 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
224157v1
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 I 7.. day of
2023, by ecry Ira , V 1CL. Wpm'cUrci- 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
caN/
BY:
co Ne , ity Mana
by its City Council.
•
SHARON M. ALLISON
Notary Public-Minnesota
My Commission Expires Jon 31, 2025
NOT
STA1E, OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this (9:2-e— day of (-1.
2023, by James Hovland and by Scott Neal, the Mayor and City Manager of the City of Edina, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted
THIS INSTRUMENT WAS DRAF IED BY:
CAMPBELL 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
224157v1
Signature Page to Stormwater Maintenance Agreement/Best Management Practice Facilities and
Access Agreement
224157v1
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0 STORMWATER KEYNOTES
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224157v1
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:
SHEET NUMBER:
STORMWATER 1
MAINTENANCE - OF
EXHIBIT A 1
PAIL: 12/0T/19
EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
Description of the 3650 Hazelton
Lot 4, Block 1, Yorktown, Hennepin County, Minnesota
Tonens 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-1
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 stormwater 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.
• Inspection records submitted to the City of Edina upon request.
**Please keep a copy of this Plan for your records**
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