2021-04-14 CC Packet - Laserfiche WebLink

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2. On Centerville's certification that Facility construction has been substantially completed in material conformance to the above plans and specifications and RCWD confirmation, for the purpose of Rule C the RCWD will: (a) recognize the areas delineated and labeled as "Redevelopment Area" on the Exhibit A and incorporated into this MOA (all together,_"Delineated Area") as map attached hereto as the "contributing area" to the Facility; and (b) recognize the Facility as providing water quality treatment and volume control for land- disturbing activities within the Delineated Area. The RCWD will not require a permit applicant within the Delineated Area to demonstrate infeasibility of on-site management or perform other location or method sequencing required by Rule C before it uses the Facility. 3. On substantial completion of the Facility, the RCWD will calculate the capacity of the Facility for the purpose of Rule C compliance. In doing so, the RCWD will apply its irrigation volume guidance spreadsheet as it may be in effect at that time and all other guidance or policies in effect. The RCWD will require three full growing seasons of irrigation records (i.e. the volume of water irrigated) be provided to the District. At the end of the third full growing season, the average of the three seasons irrigated volume will be used to determine the final capacity of the facility. 4. Before approving use of the Facility, the RCWD may require a permit applicant to provide a written statement from Centerville that the applicant is authorized to use the Facility and that the Facility continues to operate in accordance with the built design. Centerville is responsible for allocating Facility capacity among properties within the Delineated Area. To the extent that a permit applicant cannot fully meet Rule C by use of the Facility, it will be required to provide for additional stormwater management in order to do so. This MOA does not limit the RCWD's authority or discretion to revise its permitting rules. RCWD acknowledges that a change in its rules could have a significant impact on the Facility capacity and its ability to adequately serve the Delineated Area. As such, RCWD agrees it will consult with Centerville, if requested, to specifically review the potential impacts of a change. A permit applicant will be subject to RCWD rules as in effect at the time of permitting. 5. Centerville will inspect and maintain the Facility in perpetuity in accordance with the terms stated in Exhibit B, attached hereto and incorporated into this MOA. This obligation is established for the benefit of the RCWD as a public body and appurtenant public resources, and is not intended as a "private covenant, condition or restriction" within the meaning of Minnesota Statutes §500.20 or like term as the statute may be amended. Centerville may, subject to its policies and law, recoup its cost to inspect and maintain the Facility. 6. The parties concur that this MOA is binding and rests on good and valuable consideration. Nothing in this MOA creates or establishes a partnership, joint venture or agency relationship between the parties. RCWD review or approval of any plan, certification or other construction document is solely for its own assessment of its responsibilities under this MOA. As between the parties, Centerville is solely responsible for design of the Facility; the means, method and manner of construction; and ensuring that it conforms to all applicable laws. Nothing in this MOA creates any right in any third party or affects any immunity, defense or liability limitation enjoyed by either party.