Loading...
4.8 SR 04-20-2020Request for Action To Item Number Mayor and City Council 4.8 Agenda Section Meeting Date Prepared by Consent Aril 20, 2020 Brandon Wisner, Stormwater Coordinator Item Description Reviewed by Trout Ridge Run Stormwater Maintenance Peter Beck, City Attorney Declaration Agreement Reviewed by Cal Portner, City Administrator Action Requested Approve, by motion, the Trout Ridge Run Stormwater Maintenance Declaration Agreement. Background/Discussion Trout Ridge Run is a six -lot single family home residential development. The city maintains over 300 stormwater basins where these basins take on drainage from city streets or city - owned property. Trout Ridge Run has proposed to construct a filtration basin in the rear portion of the lots that will ultimately outlet to the city stormwater network on Tyler Street. This basin is considered private, therefor a maintenance agreement is needed to document the long-term maintenance of this stormwater facility. This declaration would be recorded with the county and be included in the title work for each property. Financial Impact N/A Attachments ■ Trout Ridge Run Stormwater Maintenance Declaration The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional,` 01 e service, and community engagement that encourages and inspires prosperity INAWRE1 DECLARATION THIS DECLARATION ("Declaration") is made this day of , 2020, by Northstar Land Company, LLC, a Minnesota limited liability company ("Declarent") in favor of the City of Elk River, a Minnesota municipal corporation ("City"). RECITALS WHEREAS Declarent owns real property within the City and legally described as: Lots 1-6, Block 1, TROUT RIDGE RUN, Sherburne County, Minnesota (the Property) and no one other than Declarent, has any right, title or interest in the Property; and WHEREAS, the Declarent has requested approval from the City to subdivide the Property into six (6) lots for residential development; and WHEREAS, pursuant to Minnesota Statutes and the City Code of Ordinances subdivision of the Property requires the installation of certain stormwater improvements ("Improvements") within the drainage and utility easements to be dedicated to the City on the final plat of the Property; and WHEREAS, the Declarent desires to subject the Property to certain conditions and restrictions to ensure permanent maintenance of the Improvements for the mutual benefit of the City and future owners of the Property. NOW, THEREFORE, Declarent makes this Declaration and hereby declares that this Declaration shall constitute a covenant to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right, title or interest in the Property, and their heirs, successors, personal representatives and assigns. All Improvements within the drainage and utility easements on the Property requiring maintenance will be maintained in perpetuity as follows: 1. Maintenance. All Improvements within the drainage and utility easements on the property requiring maintenance will be maintained in perpetuity as follows: a. Raingardens, infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be maintained annually to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. b. Outlet Pipe. All pipes, channels and other conveyances built to convey stormwater into or out of raingardens, infiltration basins and filtration basins shall be maintained in good working condition so that the Improvements are performing their design function. 2. City Access and Maintenance Rights. The Declarent hereby grants permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Improvements whenever the City deems necessary. The City shall provide Declarent, its successors and assigns, copies of any inspection findings and a directive to commence repairs to the Improvements if necessary. In the event Declarent, its successors and assigns, fails to maintain the Improvements in good working condition acceptable to the City and such failure continues for 60 days after the City gives Declarent written notice of such failure, the City may enter upon the Property and take whatever steps necessary to correct deficiencies identified by the City. The City may charge the costs of its corrective activities to Declarent, its successors and assigns. The amount so charged shall be a lien upon the Property benefiting from and utilizing the Improvements maintained, repaired or replaced by the City and shall be added to, become, and form part of the taxes next to be assessed and levied upon the Property. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair the Improvements and in no event shall this Agreement be construed to impose any such obligation on the City. 3. Indemnification. Declarent 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 Improvements. Declarent expressly agrees to defend and hold the City harmless from any such third -party claim. This Agreement imposes no liability of any kind whatsoever on the City. Declarent 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 Declarent or Declarent's agents or employee's negligent or intentional acts, 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 Declarent to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, Declarent shall indemnify and hold harmless the City, its employees, agents and representatives for its negligent acts in the performance of Declarent's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 4. Reimbursement of Costs. Declarent agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorney's fees. 5. Violation. Declarent and all subsequent owners of the Property are liable to the City for performance under this Declaration, and the City may seek any remedy in law or equity against Declarent as long as Declarent owns the Property and thereafter against any future owner of all or any portion of the Property to enforce the Declaration. 6. Successors/Covenants Run with Property. The terms and conditions of this Declaration shall run with the property and all duties and obligations of Declarent under this Declaration shall also be duties and obligations of Declarent's successors and assigns. 7. Recitals. The recitals set forth above are expressly incorporated herein. IN WITNESS WHEREOF, the undersigned has executed this instrument the day and year first set forth. DECLARENT: By: Jethro Carpenter, President of Northstar Land Company, LLC State of Minnesota County of (signature) This instrument was acknowledged before me this day of April, 2020, by Jethro Carpenter, President of Northstar Land Company, LLC State of Minnesota County of Sherburne (Signature of notarial officer) (Stamp) My commission expires: CITY: (signature) By: John J. Dietz, Mayor of the City of Elk River (signature) By: Tina Allard, City Clerk of the City of Elk River This instrument was acknowledged before me this day of April, 2020, by John J. Dietz, Mayor of the City of Elk River, and Tina Allard, City Clerk of the City of Elk River. My commission expires: This Instrument was drafted by: City of Elk River 13065 Orono Parkway, Elk River, MN 55330 763-635-1000 (Signature of notarial officer) (Stamp)