HomeMy WebLinkAbout4B, Maintenance Agreement for 2009 PMP
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~HILLS
Request for Council Action
Prepared By:
Kristine Giga, Civil Engineer
Council Meeting Date: May 26, 2009
Approve Maintenance Agreement for Storm water Management Facilities between Rice ereek
Watershed District and the eity of Arden Hills for the 2009 Pavement Management Program
Budgeted Amount:
NA
Actual Amount:
NA
Funding Source:
NA
Recommendation:
1. Approve Maintenance Agreement for Stormwater Management Facilities between
Riee Creek Watershed District and the City of Arden Hills for the 2009 Pavement
Management Program
Supportim! Documents:
1. See the attached memo from Civil Engineer Kristine Giga dated May 20, 2009
2. Maintenance Agreement
3. Attachment A: Bioretention Locations
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EN HILLS
MEMORANDUM
DATE:
May 20, 2009
TO:
Mayor and City Council
Ron Moorse, City Administrator
FROM:
Kristine Giga, Civil Engineer
SUBJECT:
Approve Maintenance Agreement for Stormwater Management Facilities
between Rice Creek Watershed District and the City of Arden Hills for the
2009 Pavement Management Program
BACKGROUND/DISCUSSION
Storm water management facilities including rain gardens and biofiltration basins are being constructed
within the right- of- way as part of the 2009 Pavement Management Program (Glenarden Neighborhood).
These facilities are necessary to meet Rice Creek Watershed District's storm water treatment
requirements.
The District requires the installation and maintenance of new storm water management facilities
according to the district rules for city public works' projects, including street reconstruction projects. One
of the permit requirements is to enter into a Maintenance Agreement covering the maintenance of the new
storm water management facilities.
This agreement will cover the storm water management facilities constructed in association with this
project. Maintenance of storm water facilities is required by our Minnesota Pollution Control Agency
Storm Water Pollution Prevention Permit (SWPPP). It is also consistent with our Public Works Policies
to adequately maintain infrastructure. The City Attorney reviewed the agreement and recommended
minor changes, which were accepted and incorporated into the version included with this packet.
FINANCIAL IMPLICATIONS
The Public Works Department is committed to maintaining new facilities when they are installed. The
type of maintenance may be altered; however, this agreement does not increase our level of maintenance
over what we would have done without the agreement. The City has requested residents to sign an
agreement stating they will maintain the rain gardens in front of their properties in the past; this practice
will be applied to this project as well.
RECOMMENDED COUNCIL ACTION
Approve Maintenance Agreement for Stormwater Management Facilities between Rice Creek Watershed
District and the City of Arden Hills for the 2009 Pavement Management Program.
\\Metro-inet\ardenhills\Admin\Council\Agendas & Packet Information\2009\05-26-09 Regular\Packet Information\4Bl _ 5-26-
09Memo _ 2009PMP _ RCWDAgreement.doc
MAINTENANCE AGREEMENT
Stormwater Management Facilities
Between the Rice Creek Watershed District and
The City of Arden Hills
This Maintenance Agreement ("Agreement") is made by and between the Rice
Creek Watershed District, a watershed district with purposes and powers set
forth at Minnesota Statutes Chapters I 03B and 1030 and a drainage authority
pursuant to chapter 1 03E of the laws of the State of Minnesota, (RCWD), and the
City of Arden Hills ("Permittee").
Recitals and Statement of Purpose
WHEREAS pursuant to Minnesota Statutes 9 1030.341, the RCWD has
adopted and implements Rule C, Stormwater Management Plans;
WHEREAS Rule C imposes certain requirements, which the Permittee will
meet in this case by constructing and maintaining stormwater management
facilities as identified on the site plan incorporated into this Agreement as
Exhibit A;
WHEREAS in accordance with Rule C and as a condition of Permit 09-011,
the Permittee's obligation to maintain these stormwater facilities must be
memorialized by a recorded maintenance declaration or, alternatively, a
maintenance agreement establishing the Permittee's perpetual maintenance
obligation;
WHEREAS the Permittee and the RCWD execute this Agreement to fulfill
the condition of Permit 09-011, and concur that it is binding and rests on
mutual valuable consideration;
THEREFORE:
1. The Permittee, at its cost, will inspect and maintain the stormwater
management facilities delineated and labeled on Attachment A as follows:
Bioretention facilities 1 through 14. The Permittee will:
I
a. Inspect stormwater infiltration and filtration basins, including rain
gardens, annually, to preserve live storage capacity at or above the
design volume. Remove vegetation, maintain healthy plant growth and
remove excess sediment and debris to ensure that the facilities continue
to perform per design.
b. Inspect grit chambers, sump catch basins and sump manholes
annually. Accumulated sediment and debris will be removed so that the
each facility continues to operate as designed and erosion or structural
problems are corrected.
c. Inspect conveyances and other structures annually. Ensure
preservation of designed hydraulic capacity.
2. If the Permittee conveys into private ownership a fee interest in all or any
portion of the public property that is subject to this Agreement, it must require
as a condition of sale, and enforce: (a) that the purchaser record a declaration
on the property incorporating the stormwater management facility maintenance
requirements of this Agreement; and (b) that recordation occur either before any
encumbrance is recorded on the property or, if after, only as accompanied by a
subordination and consent executed by the encumbrance holder ensuring that
the declaration will run with the land in perpetuity. If the Permittee conveys into
public ownership a fee interest in all or any portion of the property that is
subject to this Agreement, it must require as a condition of the purchase and
sale agreement that the purchaser accept an assignment of all obligations
vested under this Agreement.
3, This Agreement is in force for five (5) years from the date on which it is fully
executed and will renew automatically for five (5) year terms unless terminated
by the parties. Notice of termination must be sent in writing at least six (6)
months prior to the proposed termination date. It may be amended only in
writing signed by the parties.
4. The recitals are incorporated as a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
2
RICE CREEK WATERSHED DISTRICT
By_______________________________
Administrator, Doug Thomas
[FULL NAME OF PERMITTEE]
By:_______________________________
Its ________________________
APPROVED AS TO FORM and EXECUTION
By:________________________________
Its Attorney
Date:
Date:
Date:
3
Attachment A
[SITE PLAN/MAP WITH ALL FACILITIES DENOTED]
4
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