HomeMy WebLinkAboutVIII-12 Authorize Signature - Stormwater Maintenance Agreement - Stencil ApartmentsCity Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director Date: April 18, 2022 Item: Authorize Signature: Stormwater Management Facilities Agreement - Stencil Addition
Council Action Requested:
Authorize signature of the attached Stormwater Management Facilities Agreement between the City and Lake Isabelle Flats LLC and NSKW Land LLC (Stencil) memorializing access and activities pertaining to construction of stormwater maintenance facilities. A simple majority is necessary for action. Approval would be subject to minor
modifications by staff. Exhibits to the agreement are expected no later than April 15th
and will be presented prior to the meeting.
Background Information: On March 7, 2022 the City Council approved several actions related to development of
the 89 unit apartment building between 3rd and 4th Street, west of Bailey Street by Nathan
Stencil (NJS Development LLC). Execution of a Stormwater Agreement was a condition of Final Plat approval.
Financial Impact:
The addition of 89 apartments will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion: N\A
Council Committee Discussion: N\A
Attachments:
•Stormwater Management Facilities Agreement
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(Reserved for Recording Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this ____ day of _________________, 202__, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Lake Isabelle Flats LLC, a South Dakota limited liability company, and NSKW LAND, LLC, a South Dakota limited liability company (individually and collectively “Developer”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of Hastings, County of Dakota, State of Minnesota legally described as follows:
Lot 1, Block 1, Stencil Addition
Abstract Property
(the “Property”); and
WHEREAS, Developer has obtained the approval of the City for the development of the
Property for a Stormwater Management Facilities; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” may 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.) which are
located outside the public road right-of-way; and
WHEREAS, the City has required that the Developer make provision for the construction, maintenance and repair of 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
WHEREAS, the City and Developer desire to set forth their understanding with respect to the construction, repair and maintenance of the Stormwater Management Facilities and the
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responsibility relating to the costs of the repair and maintenance of the Stormwater Management Facilities.
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 Loucks dated November 17, 2021 (“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.
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
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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
South Dakota 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,
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
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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: Lake Isabelle Flats LLC and NSKW LAND, LLC Attn: Nathan Stencil P.O. Box 89624
Sioux Falls, SD 57109
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 ______________________, 202___, 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: LAKE ISABELLE FLATS LLC
By: Nathan Stencil
Its: President
STATE OF ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of Lake Isabelle Flats LLC, a South Dakota limited liability company, on behalf of said limited
liability company.
Notary Public
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NSKW LAND, LLC
By: Nathan Stencil Its: President
STATE OF ) ) ss. COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of __________________, 202___ by ______________________, the ______________________ of NSKW LAND, LLC, a South Dakota limited liability company, on behalf of said limited liability company.
Notary Public
This instrument drafted by and after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831
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A-1
EXHIBIT A STORMWATER FACILITIES LOCATION MAP
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PROPOSED BUILDING
FFE = 708.50'
4
4
4
8
8
8 8 8
8
8
8
8
8
8
NO
P
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NO P
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STMH 1
BUILD OVER & CONNECT TO EXISTING 18" RCP
RIM=707.93
INV(SW)=704.90
EX. INV(NW,SE)=704.40±
(VERIFY LOCATION, INVERT, SIZE, & MATERIAL)
12" ROOF DRAIN STUB
INV=702.75
(VERIFY LOCATION, SIZE, &
INVERT W/ MECHANICAL)
45 LF-12" HDPE @ 1.11%
W/ INSULATION
STMH 2
RIM=708.25
INV(S)=705.35
INV(NE, SW,SE)=705.00
23 LF-12" HDPE @ 0.43%
W/ INSULATION
5 LF-10" HDPE @ 0.00%
OUTLET INV=705.35
OUTLET INV=705.35
22 LF-6" HDPE @ 1.59%
W/ INSULATION
CORE DRILL & CONNECT TO
EXISTING STORM SEWER
MANHOLE
@ INV(W)=705.00
EX. INV(N,S)=704.83±
EX. RIM=706.94±
ADJUST RIM TO MATCH
PROPOSED GRADE @
RIM=707.56
CHANGE CASTING TO
NEENAH R-1733 OR
APPROVED EQUAL
(VERIFY LOCATION, INVERT,
SIZE, & MATERIAL)
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(N)=705.32
INV(S)=705.13
INLET INV=705.25
17 LF-12" HDPE @ 1.00%
W/ INSULATION
INLET INV=705.23
17 LF-12" HDPE @ 0.50%
W/ INSULATION
INLET INV=705.04
17 LF-12" HDPE @ 0.50%
W/ INSULATION
125 LF-FRENCH DRAIN
W/ 6" DRAINTILE @ 0.32%
SEE DETAIL
162 LF-FRENCH DRAIN
W/ 6" DRAINTILE @ 0.37%
SEE DETAIL
CORE DRILL & CONNECT TO
EXISTING STORM SEWER
MANHOLE
@ INV(W)=705.00
EX. RIM=707.09±
(VERIFY LOCATION, INVERT,
SIZE, & MATERIAL)
6" 90° BEND
INV=705.25
12 LF-8" SOLID PVC
@ 0.67%
6"X8" TEE
INV=705.08
32 LF-6" SOLID PVC
@ 0.53%
CLEANOUT 20
INV=705.65
6" 90° BEND
INV=705.90
CLEANOUT 30
INV=706.50
32 LF-6" SOLID PVC @ 2.56%
EX. CBMH
EX. RIM=706.92±
EX. INV(SE)=703.38±
EX. INV(W)=702.52±
ADJUST RIM TO MATCH
PROPOSED GRADE @
RIM=706.98
CHANGE CASTING TO
NEENAH R-3034-B OR
APPROVED EQUAL
(VERIFY RIM ELEVATION,
LOCATION, INVERT,
& MATERIAL)
CORE DRILL & CONNECT TO
EXISTING STORM SEWER
MANHOLE
@ INV(S)=702.25
EX. INV(E)=701.87±
EX. INV(W)=701.75±
EX. RIM=706.31±
ADJUST RIM TO MATCH
PROPOSED GRADE @
RIM=707.01
CHANGE CASTING TO
NEENAH R-3034-B OR
APPROVED EQUAL
(VERIFY RIM ELEVATION,
LOCATION, INVERT,
& MATERIAL)
BMP #1
15" PERFORATED
UNDERGROUND FILTRATION
SYSTEM (730 LF TOTAL)
TOP OF PIPE=706.25
OUTLET=705.35
INV=705.00
DRAINTILE INV=705.00
100-YR HWL=706.61
SEE DETAIL
CBMH 10
RIM=707.30
INV(N,S)=705.51
INV(W)=705.42
CBMH 11
RIM=707.30
INV(N,S)=705.32
INV(W)=705.32
CBMH 12
RIM=707.30
INV(N,S)=705.13
INV(W)=705.13
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(S)=705.32
INV(N)=705.13
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(N)=705.51
INV(S)=705.32
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(S)=705.70
INV(S)=705.51
STMH 3
ACCESS RISER
RIM=708.25
INV=705.00
STMH 5
ACCESS RISER
RIM=707.60
INV=705.00
STMH 6
ACCESS RISER
RIM=708.08
INV=705.00
STMH 4
ACCESS RISER
RIM=707.64
INV=705.00
INLET INV=705.23
17 LF-12" HDPE @ 0.50%
W/ INSULATION
CBMH 13
RIM=707.30
INV(N,S)=705.32
INV(W)=705.32
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(S)=705.51
INV(N)=705.32
INLET INV=705.25
17 LF-12" HDPE @ 1.00%
W/ INSULATION
CBMH 14
RIM=707.30
INV(N,S)=705.51
INV(W)=705.42
SLOT DRAIN
37 LF-12" HDPE @ 0.50%
RIM=707.30
INV(S)=705.70
INV(N)=705.51
EX. CBMH
EX. RIM=707.63±
EX. INV(S)=705.78±
EX. INV(NE)=705.73±
CHANGE CASTING TO NEENAH R-3067-C OR APPROVED EQUAL
(VERIFY RIM ELEVATION, LOCATION, INVERT, & MATERIAL)
UTILITY EASEMENT
N
SCALE IN FEET
0 20 40
C1-1 EXISTING CONDITIONS
C1-2 DEMOLITION PLAN
C2-1 SITE PLAN
C3-1 GRADING PLAN
C3-2 SWPPP
C3-3 SWPPP NOTES & DETAILS
C4-1 UTILITY PLAN-STORM SEWER
C4-2 UTILITY PLAN-SANITARY SEWER
AND WATERMAIN
C8-1 CIVIL DETAILS
C8-2 CIVIL DETAILS
C8-3 CIVIL DETAILS
C8-4 CIVIL DETAILS
10/08/2021 CONCEPT SITE PLAN
11/18/2021 CITY SUBMITTAL
01/18/2022 CITY RESUBMITTAL
02/04/2022 CITY RESUBMITTAL
04/15/2022 CITY RESUBMITTAL
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
Project Lead
Drawn By
Checked By
Loucks Project No.
Zachary B. Moen - PE
58688
21467
ZBM
ZBM/MDC
ZBM
04/15/2022
XX/XX/XXXX
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
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OUCKSL
CADD QUALIFICATION
QUALITY CONTROL
PROFESSIONAL SIGNATURE
SUBMITTAL/REVISIONS
HASTINGS
LUXURY
APARTMENTS
HASTINGS, MN 55033
STENCIL GROUP
P.O. BOX 89624
SIOUX FALLS, SD 57109
L1-1 LANDSCAPE PLAN
L2-1 LANDSCAPE DETAILS
NOT
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CIVIL LEGEND
NOTE:
EXISTING CONDITIONS INFORMATION
SHOWN IS FROM AN ALTA/NSPS LAND
TITLE SURVEY PREPARED BY LOUCKS
AND DATED NOVEMBER 2, 2021.
Gopher State One Call
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS
OF ALL EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY
COMPANIES IN MAINTAINING THEIR SERVICE AND / OR RELOCATION OF
LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT
651-454-0002 AT LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF
ALL UNDERGROUND WIRES, CABLES, CONDUITS, PIPES, MANHOLES,
VALVES OR OTHER BURIED STRUCTURES BEFORE DIGGING. THE
CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
STORM
OPERATIONS &
MAINTENANCE
EXHIBIT
VIII-12
B-1
EXHIBIT B STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
VIII-12
Underground Filtration System BMP Maintenance and Inspection Specifications
BMP ID: Underground Filtration System Maintenance and Inspection Report
Inspection Date / / 20 Inspector:
Inspection Activity
Observations Measurements
Maintenance
Maint.
Required
Actions Required/Date
Completed/Responsible Foreman
Inspection of structure for
trash, debris, floatables
and oil
Remove any floatables, accumulated
trash or debris with a dip net or vacuum.
More frequent cleaning is necessary if
floatables regularly exceed a depth of
1 ft.
Vacuum any visible oil prior to
pumping permanent pool of water
downstream.
Yes No
Yes No
/ / 20 Responsible Party:
Visual inspection of
accumulated sediment
and presence of salt or
other corrosive
substances
Remove sediment buildup as needed to
maintain infiltration capacity.
Remove or rinse the system as needed if
salt or corrosive substances are present.
Yes No
/ / 20 Responsible Party:
Inspect contributing areas
for plugged catch basins,
erosion, trash, leaves, and
debris. Check ground
surface directly adjacent
to the structure for
sinkholes or depression
areas
Notify appropriate maintenance staff or
property owner of need to sweep and/or
remove litter/debris.
Sink holes shall be filled and monitored
for further depression.
Yes No
Yes No
/ / 20 Responsible Party:
Inspect all visible
structural components:
Manholes, Castings,
Covers and pipe
connections.
Repair as able and note observations
notifying maintenance foremen of any
observed damage to structure,
manholes, casings and associated loose
or missing bolts, blockages of
inlets/outlets, etc.
Yes No
/ / 20 Responsible Party:
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Stormwater Inspection and Maintenance Log
Hastings Luxury Apartments Date:
Address: Inspected By:
Hastings, MN
Property Manager: Contact #:
BMP ID# BMP Description
Issues Maintenance
Performed
Comments
Instructions: Record all inspections and maintenance for all treatment BMPs on this form. Use additional log sheets
and/or attach extended comments or documentation as necessary. Submit a copy of the completed log with the
annual independent inspectors’ report to the municipality, watershed, and start a new log at that time.
BMP ID# — Always use ID# from the Operation and Maintenance Manual.
Inspected by — Note all inspections and maintenance on this form, including the required independent annual
inspection.
Cause for inspection — Note if the inspection is routine, pre-rainy-season, post-storm, annual, or in response to
a noted problem or complaint.
Exceptions noted — Note any condition that requires correction or indicates a need for maintenance.
Comments and actions taken — Describe any maintenance done and need for follow-up.
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