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Home My WebLink About4D, Purchase Agreement for Wetland Banking Agreements� I � E �/� f EN HILLS � E � � � • � Re uest for Counc�l Actlon � q � { � � � � � �...�.._...�m.....��..�......�._.........�___......�........��.�............��. ....... .�...�.� .......................� ........_....�...........��.....�....�...._..�m�.�_.........�.....................� �....._....._.. � Prepared By: Michelle Olson, Parks and Recreation � Council Meetin Date: October 12 2009 Manager f g � � E Purchase Agreement for wetland banking credits in an amount not to exceed $13,198.68 for the purchase of wetland banking credits for the Elmer L. Andersen Memorial Trail Connection Project. Budgeted Amount: Actual Amount: Funding Source: n/a n/a Stormwater Fund Recommendation: 1. Motion to authorize payment in an amount not to exceed $13,198.68 for the purchase of wetland banking credits for the Elmer L. Andersen Memorial Trail Connection Project and authorize the City Administrator to sign the purchase agreement between Restoration Development LLC and City of Arden Hills. . ............................�............__.__.......�....................�.�...----.................................._.....--..-----..................._....._........---------..............�._...............----.----.._..............._..._............_.._.............._...........�...---.................._...........-----...._............�_.............-----................__............---.... Supporting Documents: 1. See the attached memo from Michelle Olson, Parks and Recreation Manager 2. Purchase agreement for wetland banking credits _ _ _ _ _ _ _ _ i�. . _ EN HILLS MEMORANDUM DATE: October 12, 2009 TO: Honorable Mayor and City Council Members Ron Moorse, City Administrator FROM: Michelle Olson, Parks and Recreation Manager SUBJECT: Purchase Agreement for Wetland Banking Credits Back�round __� The City of Arden Hills contracted with Kimley-Horn for engineering services related to the Safe Routes to School Project on August 25, 2008. The City was officially awarded grant funding on June 10, 2009 which combined the Safe Routes to School and Perry Park proj ect, now identified as the Elmer L. Andersen Memorial Trail Connections. Kimley- Horn has been working on the environmental aspects of this proj ect, including wetlands, modeling, and permitting. At the June 15, 2009 Council Work Session, staff presented the wetland mitigation requirements that would be necessary in order to receive final approval through the D1�TR and Rice Creek Watershed District. Two wetlands, identified as DrTR protected waters, have been identified directly adj acent to or partially within the existing right of way of the pathway planned for the south side of County Road E2. Both wetlands also have associated 100-year floodplains identified. It was estimated that 4,000 square feet of impact is not avoidable to the eastern wetland, while impact to the western wetland can be avoided through construction of a 375 foot long retaining wall. Mitigation for the wetland impacts is required and can be accommodated via purchasing credits from a wetland bank. The original estimate for this mitigation presented to Council was at $1.50/square foot or $12,000 (2:1 replacement ratio required). We have now finalized the wetland impacts to this proj ect. In addition to the estimated 4,000 square foot of impacts identified in June, we also have 400 square feet of impacts as a result of the construction of the culvert crossing. After final determination, the final purchase price for the wetland credits needed to mitigate these impacts is $13,198.68. We are purchasing these wetland credits from Restoration Development, LLC. There is also a permit fee of $857.91 due to the Minnesota Board of Water and Soil Resources (BWSR). The closing date for this purchase has been scheduled for Tuesday, October 13 2009 at 11:00 a.m. at City Hall. The purchase agreement is attached. The City Attorney has reviewed the document. As a part of the agreement, floodplain storage volume lost due to fill will also need to be replaced on-site via excavation. As a result a small amount of runoff volume needs to be directed to an infiltration or filtration area, which could be in the form of a small rain C: IDocuments and Settings I becky. brazys ILocal S'ettings I Temporary Internet Files IOLKI SF1101209 Purchase agreement for wetland credits. doc 2 garden. Excavation of the rain garden could also provide the flood storage mitigation needed. Kimley-Horn and staff are currently working with Rice Creek Watershed District to determine the exact location of this filtration. The deadline for all environmental documentation to be submitted for our ARRA Elmer L. Andersen Memorial Trail Connection Proj ect is November 13, 2009. The purchase agreement for wetland banking credits must be submitted before we can receive a final permit from Rice Creek Watershed District. Staff Recommendation Staff recommends a motion to authorize payment in an amount not to exceed $13,198.68 for the purchase of wetland banking credits for the Elmer L. Andersen Memorial Trail Connection Proj ect and authorize the City Administrator to sign the purchase agreement between Restoration Development LLC and City of Arden Hills. Recommended Council Action Motion to authorize pay�nent in an amount not to exceed $13,198.68 for the purchase of wetland banking credits for the Elmer L. Andersen Memorial Trail Connection Proj ect and authorize the City Administrator to sign the purchase agreement between Restoration Development LLC and City of Arden Hills. C.• I Documents and Settings I becky. b�azys I Local Settings I Tempo�a�y Inte�net Files I DLKI SF1101209 Purchase agreement for wetland c�edits. doc � PURCHASE A�REEMEN�' �UR '4�VET�AND BAN��[I�G CREr3IT'S THIS AGREEMENT is made this _9th day of September, 2��9 between Restoration Developinent LLC {Sel�er} and City of Arden. �Iills tBuyer). 1. Seller agrees ta sell to Buyer, and Buyer agrees to buy from Seller, the we�land banking credzts �Credits)listed beia�v: . . . . �: �,�.. _:. . �.� �. :� : � .. :. . . . . , . . . :: . . �: . . .. . .. . � . � .. ..:. . . . . .. . . . . . .. _ _ . . . -. . �CRE�D� � . , . � . � . . . . . . . ITS� �T�. .�.BE fJ �� I�D� 0 �redit �fVt�C PVC �ietland Plan� Cos� per Sub-- Acres or Sq. Acres or S. Circ. 39 Communi� Acre or S, ��e Fee �� os� 1 q 2 3� q d.5% Grou Ft. Ft. Type Type Foot A, _ o.o6s $ �fWC 0.202 ac 3 Sha�low Marsh b5,34U ac 0.065 $8�7�9 i C. U.(}b5 �, Q.065 �, �.065 . a, 0.202ac �� .= �� .��. � �� -� �� . ��,.� : . . : . � �. . $857.9� Totals .. . � : . � . . ; � :.. . :� �.� . : .,. .. , . . � . ��. � - �: � �. , . . . Check here if addit'ional credit sub--�roups are part af �us account and are listed on an attachmen� to th.ts document. 'A s�parate credi� sub-group sha11 be established far each wetiar�d �r wetland area tha� has different wetland characteristics. zCircular 3 9 types: 1, l. L, 2, 3, 4, 5, 6, 7, 8, B, iJ. 3See Wetland �'lan�s and Plant C'on�ntunit�'es of IVlinnesota atz�' Wiscot=si�t {'EggeYs anr� Reed,1997) as modified by the Board of Water and Soi� Resources, United S�ates Army Carps of �ngineers. �� 2. Seller represe�ats and warrants as follows: a} The Credits are deposited in an account in the Minnesota Vtietland Bank adm.in.iste�red by the , Minnesota Board o� Water and Soil Resources (BWSR) puxsuant to Minn. Rules Chapter 8420.�7�0-.07b0. b} Sel�er awns the �redits a�d has the right to sell the Credits to Buyer. 3. Buyer w�l� �pay Seller a�otal of $13,198.�8 for the Credits, as follows: a) $13,198.68 to be paid on tbe ��osing Date listed below. Page I of 2 B'VYSR Form: revised for R.estora��on Dev�opmenti.doc R.ev�ised . � 4. Buyer a,gr�es to pay to a vvithdrawal fee of $857.� 1 to the State o� Minnesota based on 6.5% of the agreed to purchase price. At �he C�os�ng Date Buyer wi�l execute a check rnade out for th�s amount, payab�e to ihe Board of �ater and Soi1 R.esaurces. 5. The closing of the purchase and sale sha�l occur on or befare Septe�x�ber 30, 20�9 tClosing Date} at City of Rosevi�l�. The Closing l�ate and location m.ay be changed by �vritten eonsent of bath par�ies. Upon pa�n�.ent of the balance af �he purchase price, Sel�er will sign a fully execu�ed Ap�licatian for Withdrawai of the Credits in the form specif ed B�SR, provide a copy of the Application for VtTithdrawal �o the Buyer and forward fihe same to the BWSR. along with the check for ��.e w�thdravcral fee. 5. Bu�rer has app��ed or wi�l apply to Ri.ce Creek Watershed I�istrict for approval of a replaceinent plan utilizing �he Credits as fihe means of replacing �xnpacted wetlands. If the LGLT has not approved the Buyer's applicatian foz a replacemen� plan, sa��sfactory �o Buyer �n Buyer's sole discretion, utilizing �he Credits by the Clos�ng Date, and no pos�ponement o� the Closing Date has been agreed �o by $uyer and Seller �n writ�ng, then Buyer may cancel tk�is Agreexnent by giv�ng �ritten not�ce to Se11er. In this case, Se��er shal� return Bu�er's earnest rx�oney, and neither Buy�r nor S+eller s�al� have any fur�her obligations under this Agreen�ent. If the L�U has approved the replacement plan ar�d �he Seller is ready to proceed vvi�h the sale on the Closing Date, but Buyer �ails to praceed, then the Se11er n�ay retain the earnest xnoney as liquidated danr�ages. 7. Confidentxa�xfiy. Buyer and Seller agree nat to directly or indirectly use, disser�.znate oar disclase any of the terms of th�s A.greenr�ent, and in partxcu�ar �he f�nancza� terms of this A�greement, to any entity or individual priar to the Date of Clasing, except �o their attorneys, financial advisors, directors, of�cers, ena�ployees, members, governors, managers, par�ners, prospective �nvesfiors, prospect�ve �enders or o�her agents or except as requ�red by court order or law. �� P�f�� o ave Nevcrman (Date) Restoration l�evelopment LLC (Signatu.re of Buyer� �Da�e) Page 2 of 2 BWSR Form: revised for Restoratiion Devlopment,doc Revised