HomeMy WebLinkAboutVIII-06 Authorize Signature - 1st Amendment to Stormwater Management Agreement – Suite LivingCity Council Memorandum
To:Mayor Fasbender and City Council
From:John Hinzman, Community Development Director
Date:November 17,2025
Item:Authorize Signature: 1st Amendment to Stormwater Management Facilities
Agreement –Suite Living
Council Action Requested:
Authorize signature of the attached 1st Amendment to Stormwater Management Facilities
Agreement between the City of Hastings and Landco Investments of Hastings, LLC for
development of Suite Living, a 32 unit assisted living facility to be located southeast of
33rd and Vermillion Streets. A simple majority is necessary for action.
Background Information:
The City authorized signature of the original agreement on March 6, 2023. Since that
time the location of certain stormwater improvements within the site have changed,
which necessitates the amendment.
The Stormwater Management Facilities Agreement establishes obligations for
maintenance by the owner and allows the City access to the site.
Financial Impact:
The addition of 32 assisted living units will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion:
N\A
Attachments:
•1st Amendment to Stormwater Management Facilities Agreement
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(Reserved for Recording Data)
AMENDED AND RESTATED STORMWATER MANAGEMENT FACILITIES
AGREEMENT
This Amended and Restated Stormwater Management Facilities Agreement
(“Agreement”) is made, entered into and effective this ____ day of _________________, 2025,
by and between the City of Hastings, a Minnesota municipal corporation (“City”),and Landco
Investments of Hastings, LLC, a Minnesota limited liability company (“Developer”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of
Dakota, County of Dakota, State of Minnesota legally described as follows:
Lot 1, Block 1, Suite Living of Hastings, according to the recorded plat thereof.
Abstract Property
PID: 197210001010
(the “Property”); and
WHEREAS, on March 6, 2023, the City and Developer entered into that Stormwater
Management Facilities Agreement pertaining to the Property, recorded at the Office of the County
Recorder in Dakota County, Minnesota on October 5, 2023, as Document No. 3604944 (“Original
Agreement”); and
WHEREAS, Developer obtained the approval of the City for the development of the
Property for a Stormwater Management Facilities, which refer to water quality and/or water
quantity facilities (i.e. detention basins, retention basins, swales, pipes, oil/water separators, sand
filtering devices, infiltration facilities, sump structures, etc.),located outside the public road right-
of-way; and
WHEREAS, the City required that the Developer construct, maintain and repair the
Stormwater Management Facilities located within the boundaries of the Property as shown on the
Stormwater Facilities Location Map on Exhibit A attached hereto and incorporated herein; and
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WHEREAS, in the Original Agreement, the City and Developer set forth their
understanding with respect to the construction, repair and maintenance of the Stormwater
Management Facilities and the responsibility relating to the costs of the repair and maintenance of
the Stormwater Management Facilities; and
WHEREAS, the City and Developer desire to amend certain provisions of the Original
Agreement and intend that this Agreement replace and supersede the Original Agreement for all
purposes; accordingly, after this Agreement is recorded, the Original Agreement will be void and
have no effect.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1.Construction and Maintenance of Stormwater Management Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the construction
plans drawn by Civil Site Group dated October 27, 2025 (“Plans”)and repair and maintain the
Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater
Management Facilities shall include but is not limited to compliance with the Stormwater BMP
Inspection and Maintenance Plan (“Inspection Plan”)attached as Exhibit B. Developer shall
submit an annual inspection report that complies with the Inspection Plan by September 30th of
each year.If the required annual inspection report is not submitted to the City by September 30th,
the City shall have the right to enter onto the property to conduct the annual inspection.If it is
determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are
not functioning as originally designed and intended; or (3) are in need of repair, the Developer
agrees to restore the Stormwater Management Facilities so that it functions as it was designed and
intended. Failure to comply with the restoration ordered by the City shall be an event of default.
The Developer further agrees that it will not use the Stormwater Management Facilities for snow
storage and will inform its snow removal contractors of this provision of the Agreement.
2.Developer’s Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer’s failure to cure such default within such time-frame, except in an emergency as
determined by the City, the City may, at its option, perform the work and the Developer shall
promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City.
3.License, Easement, and Assessment.This Agreement is a license for the City to act
when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court
order for permission to enter the Property. When the City does any such work, the City may, in
addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part.The
Developer has conveyed to the City and the public a permanent drainage and utility easement,
described and depicted in more detail on the easement document, which is dedicated to the public
for the purpose of providing perpetual access to the City, or its successors responsible hereunder,
for purposes of inspecting and performing any necessary maintenance to the Stormwater
Management Facilities.
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4.Changes to Site Configuration or Stormwater Management Facilities.If site
configurations or Stormwater Management Facilities change, causing decreased effectiveness of
Stormwater Management Facilities, new or improved Stormwater Management Facilities must be
implemented to ensure the conditions for post-construction stormwater management continue to
be met.
5.Terms and Conditions.This Agreement shall run with the land and shall be binding
upon Developer’s successors and assigns with respect to the Property.The terms and conditions
of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and
their respective successors and assigns.
6.Developer Warranty. Developer warrants and represents the following to the City
and acknowledges that this Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Developer enforceable in accordance with its terms.The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of
Minnesota and is in good standing under the laws of the jurisdiction in which the Property is
located, is duly qualified to transact business in the jurisdiction in which the Property is located,
and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant
hereto.This Agreement and the documents and instruments required to be executed and delivered
by Developer pursuant hereto have each been duly authorized by all necessary action on the part
of Developer and such execution, delivery and performance does and will not conflict with or
result in a violation of Developer’s organizational agreement or any judgment or order. The
execution, delivery and performance by Developer of this Agreement will not (a) violate any
provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree,
determination or award of any court, governmental agency or arbitrator presently in effect having
applicability to Developer, or (b) result in a breach of or constitute a default under any indenture,
loan or credit agreement or any other agreement, lease or instrument to which Developer is a party
or by which it or any of its properties may be bound.
7.Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
8.Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
9.Counterparts. This Agreement may be executed in any number of counterparts,
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each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
10.Consent. Developer consents to the recording of this Agreement.
11.Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof.
12.Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a
sealed envelope, by certified mail, return receipt requested, with postage and postal charges
prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name
and address to the party or person intended addressed as follows:
If to City:City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to Developer:Landco Investments of Hastings, LLC
Attn: ________________________
1824 Buerkle Road
White Bear Lake, MN 55110
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, on the third day after
mailing if mailed by United States postal service as provided above, or within twenty-four (24)
hours if sent via overnight courier service provided, that a notice not given as above shall, if it is
in writing, be deemed given if and when actually received by a party.
[The remainder of this page was intentionally left blank.]
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IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2025, before me a Notary Public within
and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.
Notary Public
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DEVELOPER:
LANDCO INVESTMENTS OF HASTINGS, LLC
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of
__________________, 2025 by , the
of Landco Investments of Hastings, LLC, a Minnesota limited liability company, on behalf of said
limited liability company.
Notary Public
This instrument drafted by
And after recording, please return to:
Greta Bjerkness (#0390575)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
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EXHIBIT A
STORMWATER FACILITIES LOCATION MAP
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EXHIBIT B
STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
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B-2
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www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
Stormwater Best Management Practices (BMPs)
Inspections and Maintenance Plan
Project Name:Suite Living Hastings
CSG Project Number 22053
Project Owner:Hampton Companies/Suite Living
Property Address:33rd St W and Hwy 61
Hastings, MN 55033
Date: 11/12/2025
Maintenance Contact
Person/Property Owner:Jeremy Larson
Executive Vice President
Hampton Companies, LLC
1824 Buerkle Rd
White Bear Lake, MN 55110
651-200-4365
Jeremy@hamptoncos.com
This Operation and Maintenance Plan has been prepared by Civil Site Group.
Matthew R. Pavek PE, License No. 44263
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www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
Table of Contents:
1.Summary Narrative
2.BMP Location Map
3.Bio-Infiltration Basin
4.Sump Catch Basin
5.Outlet Structure
Introduction:
Stormwater treatment for this site is accomplished by implementing a Bio-Infiltration Basin (hereafter
referred to as the “system” or “basin”). The system for this project is directing the project stormwater
runoff via surface drainage and storm sewer piping from rain events to a surface infiltration basin on
the south side of the site. The stormwater leaves the basin via an outlet control structure within the
basin then it is discharged into the city’s existing stormwater sewer system. This basin is designed
to provide water quality treatment and meet rate control requirements of the City of Hastings.The
basin must be inspected annually, and maintenance must be carried out within 7 days of inspection.
Need for Inspection and Maintenance:
The stormwater system is the first line of defense from conveying pollutants downstream into city
storm sewer and public water ways, worsening water quality. The purpose of regular inspection and
maintenance is to ensure the proper operation of the system and the overall storm system. Regular
maintenance of the system and all its components is required to achieve the water quality objective.
This Operations and Maintenance plan requires frequent inspections, per inspection
activities table. Maintenance activities required per maintenance activities table for each
flagged inspection item are required to be completed as soon as possible following any
inspection.
Responsibility of Property Owner following construction/completion:
Upon installation of the approved system, the property manager assumes responsibility and all costs
associated with the system’s long-term operation and maintenance. The property owner shall
maintain records of all inspections and maintenance of the system/s and submit reports to the
proper authority (city, watershed, etc.) if required. The following document is a guide to the
inspection and maintenance of the system.
Inspection of Stormwater Facilities.
All storm water management devices shall be inspected by the owner or responsible party annually
or as specified in the approval plan. Completed self-inspection reports shall be returned to:
City of Hastings Department of Engineering
Located in City Hall, 101 4th St E, Hastings, MN 55033
651-480-2334
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EOF=
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2
9
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0
0
BMP LOCATION MAP Project Number:
Issue Date:
Revision Number:
Revision Date:
5000 GLENWOOD AVENUE
GOLDEN VALLEY, MN 55422612-615-0060
www.CivilSiteGroup.com
SUITE LIVING HASTINGS 33RD ST W AND HWY 61, HASTINGS, MN 55033
EX A
25033
11/12/2025
.
.
0
1" = 60'-0"
60'-0"30'-0"
N
BIO-INFILTRATION
BASIN
SUMP
CATCH
BASIN
OUTLET
STRUCTURE
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3. Bio-Infiltration Basin
PLAN VIEW
DETAIL/PROFILE VIEW
BMP ID: Bio-Infiltration Basin Location: In the Southern portion of the site.
Description of BMP: The bio-infiltration basin is designed to treat the stormwater runoff from the site.
VIII-06
www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
3. Inspection Activities:
These inspections should be completed every 3-6 months and 48 hours after a rainfall event greater than 1.5”, unless
otherwise noted. All maintenance to be completed by owner unless otherwise delegated, as needed per inspection.
Site ID: BMP Type/Number: Bio-Infiltration Basin
Inspection Date:Inspector:
Inspection
Activity/Recommended
Frequency
Observations
Maintenance
Procedure/Frequency
Maintenance
Required (Y/N)Actions
Completed
1.Ensure no clogging of top
surface filter fabric.
Replace filter fabric per manufacture’s
standards.
Completed by:
Date:
2.Ensure that facility and outlets
are clear of debris.
Remove trash and debris from in and
around system.
Completed by:
Date:
3.Ensure that the contributing
area is stabilized and mowed,
with clippings removed.
Remove clippings around basin and
mow surrounding areas.
Completed by:
Date:
4.Ensure that activities in the
drainage area minimize
oil/grease and sediment entry
to the system.
Remove oil from water surface as
identified per inspection.
Completed by:
Date:
5.Stabilize any eroded areas.Repair identified eroded areas per
original plans.
Completed by:
Date:
6.Inspect BMP components
(inlets and outlets) to ensure
good condition and no
evidence of erosion or
sediment deposits.
Repair impacted BMP component per
original plans.
Completed by:
Date:
7.Verify no trees start to grow
along the slope or base of the
basin.
Remove trees growing along basin
slope or base.
Completed by:
Date:
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www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater-
manual.html
These are general inspection/maintenance items that should be completed with every Infiltration Basin.
Complete this self-inspection form for each site inspection and return to:
City of Hastings Department of Engineering
Located in City Hall, 101 4th St E, Hastings, MN 55033
651-480-2334
Local Maintenance Contractors
Charlie Wilson
Minnesota Utilities
& Excavating
(651) 464-5532
charlie@mnue.net
Jesse Wilcox
Carl Bolander and Sons
(651) 224-6299
jesse@bolander.com
Mike Waldenburg
David’s Hydro Vac
(651) 207-6134
mikew@davidshydrovac.com
Matt Miklya
Valley-Rich Co., Inc.
(952) 448-3002
matt@valleyrich.com
8.Inspect plant material in the
basin for health, damage, and
plant coverage.
Remove damaged or dead plant
material from basin. Replant identified
plant species/seed mix per original
plans.
Completed by:
Date:
9.Aerate basin Disc aerate or de-thatch bottom of
basin.
Completed by:
Date:
10.Scrape basin bottom and
remove sediment.
Scrape basin bottom and remove
sediment. Restore original cross
section and infiltration rate. Seed or
sod to restore ground cover.
Completed by:
Date:
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4. SUMP CATCH BASIN
PLAN VIEW DETAIL/PROFILE VIEW
BMP ID: Sump Catch Basin Location: In the Eastern portion of the parking lot.
Description of Device: The sump is located within the catch basin.
Structure Access: Catch basin casting
VIII-06
www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
4.Inspection Activities-Sump Catch Basin
These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted.
Site ID: BMP Type/Number: Sump Catch Basin
Inspection Date:Inspector:
Inspection Activity Observations
Maintenance
Procedure/Frequency
Maintenance
Required (Y/N)
Actions Completed
1.1.Visualinspectionfor trash
and debris
Removetrash anddebris
from structure as outlined by
manufacturer’s recommendation
Completed by:
Date:
2. Measure and record depth of
sediment at Manholes. If the
average depth of sediment is
at or above, 3 inch depth
clean as indicated.
Note: Manholes with Sumps will
have standing water after rain
events.
Remove any floatables,
accumulated trash or debris.
Clean out system using a
JetVac
A) Apply multiple passes of
JetVac until backflush water is
clean
B) Vacuum manhole sump as
required
Completed by:
Date:
3.Oil accumulation in device(s)Remove oilfrom water surface using
method outlined by manufacturer’s
recommendation
Completed by:
Date:
4. Visual inspection of internal
components of device
Dependent on type of damage; Repair
structure per manufacturer’s
recommendations
Completed by:
Date:
VIII-06
www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html
These are general inspection/maintenance items that should be completed with every Sump Catch Basin.
Complete this self-inspection form for each site inspection and return to:
City of Hastings Department of Engineering
Located in City Hall, 101 4th St E, Hastings, MN 55033
651-480-2334
Local Maintenance Contractors
Charlie Wilson
Minnesota Utilities
& Excavating
(651) 464-5532
charlie@mnue.net
Jesse Wilcox
Carl Bolander and Sons
(651) 224-6299
jesse@bolander.com
Mike Waldenburg
David’s Hydro Vac
(651) 207-6134
mikew@davidshydrovac.com
Matt Miklya
Valley-Rich Co., Inc.
(952) 448-3002
matt@valleyrich.com
5.Inspect BMP components
(inlets, outlets, and catch basins)
to ensure good condition and no
evidence of erosion or sediment
deposits.
Repair impacted BMP component per
original plans
Completed by:
Date:
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5. OUTLET CONTROL STRUCTURE
PLAN VIEW
DETAIL/PROFILE VIEW
BMP ID: Outlet Control Structure Location: In the Western portion of the Bio-Infiltration basin.
Description of Device: The outlet control structure is a manhole structure with an internal weir and orifice to provide rate control.
Structure Access: Manhole casting
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www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
5.Inspection Activities-Outlet Control Structure
These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted.
Site ID: BMP Type/Number: Outlet Control Structure
Inspection Date:Inspector:
Inspection Activity Observations
Maintenance
Procedure/Frequency
Maintenance
Required (Y/N)
Actions Completed
1.1.Visualinspectionfor trash
and debris
Removetrash anddebris
from structure as outlined by
manufacturer’s recommendation
Completed by:
Date:
2. Measure and record depth of
sediment at Manholes. If the
average depth of sediment is
at or above, 3 inch depth
clean as indicated.
Note: Manholes with Sumps will
have standing water after rain
events.
Remove any floatables,
accumulated trash or debris.
Clean out system using a
JetVac
A) Apply multiple passes of
JetVac until backflush water is
clean
B) Vacuum manhole sump as
required
Completed by:
Date:
3.Oil accumulation in device(s)Remove oilfrom water surface using
method outlined by manufacturer’s
recommendation
Completed by:
Date:
4. Visual inspection of internal
components of device
Dependent on type of damage; Repair
structure per manufacturer’s
recommendations
Completed by:
Date:
VIII-06
www.CivilSiteGroup.com 5000 Glenwood Ave •Golden Valley •Minnesota • 55422 (612) 615-0060
** For additional information, see the MPCA Stormwater Manual, 2005 http://www.pca.state.mn.us/water/stormwater/stormwater-manual.html
These are general inspection/maintenance items that should be completed with every Outlet Control Structure.
Complete this self-inspection form for each site inspection and return to:
City of Hastings Department of Engineering
Located in City Hall, 101 4th St E, Hastings, MN 55033
651-480-2334
Local Maintenance Contractors
Charlie Wilson
Minnesota Utilities
& Excavating
(651) 464-5532
charlie@mnue.net
Jesse Wilcox
Carl Bolander and Sons
(651) 224-6299
jesse@bolander.com
Mike Waldenburg
David’s Hydro Vac
(651) 207-6134
mikew@davidshydrovac.com
Matt Miklya
Valley-Rich Co., Inc.
(952) 448-3002
matt@valleyrich.com
5.Inspect BMP components
(inlets, outlets, and catch basins)
to ensure good condition and no
evidence of erosion or sediment
deposits.
Repair impacted BMP component per
original plans
Completed by:
Date:
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