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HomeMy WebLinkAbout2001-12-27 CA Ltr to OPHJames F. Lammers Robert G. Briggs * Mark J. Vier ling • + Thomas J. Weidner *4- Susan D. Olson -<›- David K. Snyder Timothy M. Kelley Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. Ms. Kimberly Kamper Acting City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Dear Kim: MJV/sdb Enclosure cc: Kris Danielson Re: Oak Park Station LAW OFFICES OF 1835 Northwestern Avenue Stillwater, Minnesota 55082 (651) 439-2878 FAX (651) 439-2923 Writer's Direct Dial: (651) 351-2118 December 27, 2001 Yours very truly, Mark J. Vierling FILE COPY Paul A. Wolff (1944-1996) Lyle J. Eckberg Of Counsel •Qualified Neutral Arbitrator * Certified Real Estate Specialist 4-Qualified Neutral Mediator Enclosed herewith you will find a development contract/checklist for the Oak Park Station and three original copies of the final development contract. I understand the developers are anxious to complete their plat recording before the end of the year and the development contract is in final form and capable of now being signed by both the developer and the City of Oak Park Heights. As you will note from the checklist, the only fees to be collected at this time relate to the connection fees. The securities for Plan A and Plan B Improvements will be collected at the times noted within the checklist. As this property was previously developed within Baytown Township and paid a park dedication fee to that government entity at that time, we are not able to collect any park dedication fees relative to the development of this property at this time. If you have any questions relative to this matter, please feel free to contact me directly. OAK PARK STATION-PLAT DEVELOPMENT AGREEMENT CHECKLIST-DUE AT SIGNING 1. MYLAR PLAT - easements -check other street, r/w, drainage and utility easements - check dedication language in plat description -show iron monuments at lot and block corners 2. Payment of current application and processing fees to OPH , if any 3. Payment of Connection Fees to City $16,692.00 4. LETTER OF CREDIT/PERFORMANCE BOND —Plan A improvements $88,057.00 Secured by performance Bond or Letter of Credit. To be provided city prior to permits being issued on the S & C Bank site (form of performance bond to be approved by city attorney) 5. LETTER OF CREDIT — Plan B improvements $173,250.00 to be secured by Letter of Credit placed with the city prior to contract award on the PLAN B improvements construction 6. Site Lighting Plan- Must be submitted to and approved by City Planner prior to permits being issued for S & C Bank Building. (If street lights are to be put in this phase a 2 year escrow on Xcel energy costs shall also be collected and street fixtures must comply with council approved designs) 7. Master Signage Plan- shall be filed with the city and approved by the planner and community development director prior to permits being issued. WITNESSETH; That: (the "Subdivision"); and, CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA DEVELOPER'S AGREEMENT OAK PARK STATION See Attached Exhibit A THIS AGREEMENT, made and entered into this day of , 200_, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota referred to herein as the "City"; and Jacob Holdings of Stillwater LLC, a Minnesota limited liability company, Donald A. Shoemaker, a single person, Calvin J. Brookman and Ruth M. Brookman, husband and wife, and Jerden, LLC, a Minnesota limited liability company, all collectively referred to herein as the "Developers". WHEREAS, the Developers have made application to the City Council for approval of the a planned unit development and plat of land within the corporate limits of the City described as follows: WHEREAS, the City Council has on November 27, 2001, granted preliminary approval to the Subdivision; and WHEREAS, the City has on December 11, 2001 granted final Plat approval to Phase One of the development on the condition that the Developer enter into this Agreement stipulating the conditions for the installation of street, water, sewer and other public improvements as well as the development of on-site improvements hereinafter described, all in accordance with the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: Designation of Improvements: Improvements to be installed at Developer's expense by the Developer as hereinafter provided are hereinafter referred to as "Plan A Improvements". Improvements to be installed by the City and paid for by Developers are hereinafter referred to as "Plan B Improvements". 1. PLAN A IMPROVEMENTS: The Developers will construct at Developer's expense the following improvements under Plan A according to the following terms and conditions: A. The Developers shall do all site grading, common greenway and open spaces, storm water storage ponds, surface drainage ways and all private 48493/1 2 driveways including sodding of boulevards, all in accordance with the approved grading, drainage and site plan. A grading plan with maximum two (2) foot contours, pad elevations, drainage provisions, erosion control provisions and cross sections, as necessary, shall be submitted to and approved by the City prior to commencement of any site grading. Any changes to the grading plan during construction shall be submitted to the City for approval. Each building site must conform to the grading plan approved by the Building Inspector and City Engineer of the City of Oak Park Heights prior to a building permit being issued. B. The Developer shall control soil erosion ensuring: 1. All development shall conform to the natural limitations presented by the topography and soil of the subdivision in order to create the best potential for preventing soil erosion. The Developer shall submit an erosion control plan, detailing all erosion control measures to be implemented during construction, said plan shall be approved by the City prior to the commencement of site grading or construction. 2. Erosion and siltation control measures shall be coordinated with the different stages of development. Appropriate control measures as required by the City Engineer shall be installed prior to development and as may be necessary to control erosion. 3. Land shall be developed in increments of workable size such that adequate erosion and siltation controls can be provided as construction progresses. The smallest practical area of land shall be exposed at any one period of time. 4. Where the topsoil is removed, sufficient arable soil shall be set aside for respreading over the developed area. The topsoil shall be restored to a depth of at least four (4) inches and shall be of a quality at least equal to the soil quality prior to development. 5. The Developer shall not locate its equipment within the right-of- way of 58th Street North or Memorial Avenue North without the express written consent of the City Engineer. C. The Developer shall place iron monuments at all lot and block corners and at all other angle points on boundary lines. Iron monuments shall be replaced after all street and lawn grading has been completed in order to preserve the lot markers. D. The Developer shall be responsible for maintaining the location of and protecting curb stops, water services and sewer services. Any service or curb stop damaged shall be repaired or replaced as specified by the City at Developer's expense. The Developer shall make all necessary adjustments to the curb stops to bring them flush with the topsoil (after grading) or driveway surfacing. E. The Developer shall be required to provide landscaping and screening as determined by the City and as required by the ordinances of the City. Final landscaping plans must be submitted to the office of the City Planner and Arborist for approval. F. The Developer shall be responsible for street maintenance, including curbs, boulevards, sod and street sweeping until the project is complete. All streets shall be maintained free of debris and soil until the subdivision is completed. Warning signs shall be placed when hazards develop in streets to prevent the public from traveling on same and directing attention to detours. The repair of any damage done to the streets or public utilities by Developer or any of its Contractors or Subcontractors, shall remain the financial responsibility of the Developer. G. The Developer shall furnish site lighting in accordance with the City Ordinance requirements pursuant to a plan that must receive the approval of the City Planner. H. The Developer shall dedicate and survey all drainage and storm water holding ponds as required by the City and to be shown on the final plat. The Developer shall be responsible for storm sewer cleaning and holding pond dredging, as required, by the City prior to completion of the development. All storm water ponds projected to be required for Phase 1 of this development (as shown on the Phase 1 Grading, Drainage and Erosion Control Plan dated December 5, 2001 as prepared by Metro Land Surveying and Engineering) shall be constructed as part of the Plan A improvements which are the subject of this agreement The City of Oak Park Heights is requiring Developer to dedicate storm water drainage areas and holding ponds to serve Developer's project. Such areas are incorporated within the drainage easements and ponds depicted on the final plat and upon execution of this Development Agreement, completion of the Plan A Improvements as certified to by the city engineer and the recording of the final plat the same shall be conveyed to the City of oak Park Heights. I. The Developer shall be responsible for securing all necessary approvals, PUDs, CUPs and permits from all appropriate federal, state, regional, 48493/1 3 2. water management and local jurisdictions prior to the commencement of site grading or construction and prior to the City awarding construction contracts for public utilities. J. Drainage and utility easements. 10 foot drainage and utility easements shall be provided along all lot lines in the plat of Oak Park Station. K. Wetland Designation. All areas classified as wetlands shall be displayed upon the plat and those so specified by the City Engineer shall be dedicated to the public for that purpose. (Phase One- Oak Park Station) 1. Boulevard and swale sod/seed and fiber blankets. 2. Landscaping (a) Ponding Area (b) Bank Site 3. Street signs 4. Street lights 5. Grading 6. Erosion Control 7. Pond Enlargement, Protection & Restoration 8. Utility Construction, Protection & Repair 9. Street Protection & Repair TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): 48493/1 4 $ 7,400.00 $ 5,000.00 $ 11,705.00 $ nla $ nla $ 10,300.00 $ 2,650.00 $14,600.00 $ 6,050.00 $ 1,000.00 ESTIMATED COST $58,705.00 $11,741.00 48493/1 5 TOTAL ESTIMATED CONSTRUCTION COST OF PLAN A IMPROVEMENTS: $ 70,446.00 SECURITY REQUIREMENT (25 %) S17,611.50 TOTAL PLAN A ESCROW $88,057.50 (Phase One -Oak Park Station) 3. CONSTRUCTION OF PLAN A !MPROVVMFNIS. OAK PARK STATION (PHASE 1) A. Clanstractiian. The construction, installation, materials and equipment shall be in accordance with the plans and specifications approved by the City. B. Inspection. All of the work shall be under and subject to the inspection and approval of the City and, where appropriate, any other governmental agency having jurisdiction. C. Easements. The Developers shall dedicate to the City, upon approval of the final plat, or subsequently on request of the City, at no cost to the City, all permanent or temporary easements necessary for the construction and installation of the Plan A and Plan B Improvements and a Trail Easement as determined by the City. All such easements required by the City shall be in writing, and in recordable form, containing such terms and conditions as the City shall determine. If within the platted area, all such easements shall be dedicated to the City and specifically described within the Plat. As it affects all easements located outside the platted area, if any, the same shall be dedicated by separate easement conveyed to the City of Oak Park Heights prior to or contemporaneously with the execution of the Development Agreement. D. Faithfnt Performance of Construction Contracts The Developer will fully and faithfully comply with all terms and conditions of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one year following the City Engineers Certification of the City's final acceptance of the Plan A Improvements. Concurrently with the execution of this Agreement, Developer or its general contractor shall provide a Performance Bond to the City of Oak Park Heights in a form to be approved by the City Attorney, guaranteeing the performance by Developer of the construction of the Plan A Improvements in a timely and proper manner. Additionally, Developer guarantees and agrees that, should the City of Oak Park Heights need to apply a claim on said Performance Bond, that Developer shall pay all attorney's fees and administrative expenses associated with said action. E. Performance Bond Term. The Developer or its general contractor's Performance Bond shall be issued for a period of time not less than one (1) year in duration. 4. Pi,AN R TMPRnVFMFNT�. (Phase One - Oak Park Station) The following improvements will be installed by the City at the Developer's expense according to the following terms and conditions: 1. TDFSCRTPTTON OF TINTPR OVEMENT F STTMA TFD COST ( Oak Park Station- Phase 1) A. Sanitary sewer $27,340.00 B. Water main $28,150.00 C. Sewer and water services $ 1,580.00 D. Storm Sewer $ 7,920.00 E. Base Preparation $21,585.00 F. Curb and Gutter $ 5,625.00 G. Surfacing Streets $1 9,300.00 H. Pathway Construction and Boulevard Restoration $ 4,030.00 SUB TOTAL ESTIMATED ENGINEERING, LEGAL AND ADMINISTRATIVE (20 %): TOTAL ESTIMATED COST OF PLAN 13 IMPROVEMENTS 48493/1 6 $115,500.00 $ 23,100.00 $ 138,600.00 SECURITY REQUIREMENT $ 34,600.00 TOTAL PLAN B ESCROW $173,250.00 2. That prior to the City ordering the installation and awarding the contracts as it relates to the Plan B improvements and the costs therefore, the Developer shall deposit with the City of Oak Park Heights, the total estimated cost of the Plan B improvements plus a 25% security requirement related thereto for a total of $1 73,250.00. The City shall pay from said deposit all expenses related to the construction of the Plan B improvements providing for the construction of same as follows: A. Construction. After the preparation of preliminary plans and estimates by the City, the City Council shall take bids on the projects and thereafter award the contract pursuant to law for the installation of the Plan 13 improvements under the City's supervision. Upon receipt of the first bid tabulation, Developer shall be provided a copy thereof. The Developer shall have the right to immediately notify the City of its demand that the City reject all bids. As it affects the first bid tabulation, the City shall honor the Developer's wish if made to reject all bids and thereafter proceed to a second bidding on the project. Subsequent bid tabulations may be commented upon by Developer but the City may award to the lowest responsible bidder of the project in the manner provided by law. B. Escrow:. No work shall be commenced under this Agreement until the Developer shall have filed with the City a cash deposit, certified check or Letter of Credit (in a form to be approved by the City Attorney) in the amount equal to the total estimated cost of the Plan B improvements plus a security requirement of 25% in the total amount of $173,250.00. The City shall have the right to apply against the Letter of Credit all bills incurred by the City with regard to the Plan B improvements, however, the City shall provide the Developer the opportunity to pay for said improvements as bills are incurred, in cash, rather than applying payments as against the Letter of Credit provided to the City, if a Letter of Credit is used in lieu of a cash escrow by the Developer. In such case, the Developer shall have 5 business days from the time of submission 48493/1 7 D. Ownership of Plan Ti Improvements. All such improvements as constructed shall become the property of the City of Oak Park Heights. The Developer shall dedicate to the City prior to approval of the final plat at no cost to the City all permanent and temporary easements necessary for the construction of such improvements as determined by the City. E. Contracts. All such construction contracts as awarded by the City of Oak Park Heights to construct the Plan B improvements shall provide for a guarantee of the workmanship and materials for a period of one year following the completion of construction of the Plan B improvements. All such contracts shall also conform to the ordinances and specifications of the City in the construction of all Plan B improvements. F. Change Orders. No change order increasing the contract expense shall be authorized by the City without first notifying Developer of the change. 48493/1 8 of the bill by the City to the Developer to pay to the City such amount in cash so that the City can use the payment to pay the amount due in lieu of drawing down on the Letter of Credit or other escrow on file with the City of oak Park Heights. c, Plans and Specifications. The Developer shall be provided with a copy of the plans and specifications as prepared by the office of the City Engineer for the Plan B improvements and shall be allowed the opportunity to comment on same prior to final release of the bid specifications by the office of the City Engineer for purposes of receiving bid on the improvements. The Developers shall also be notified of the bid opening date and provided the opportunity to comment on the bids received prior to the award of the bid on the Plan B improvements. The Developers may recommend rejection of al bids and the rebidding of the project or any portion thereof; however, such recommendation is not binding on the City of Oak Park Heights and the City may award the contract based upon the bids received if it, in its absolute discretion, determines that the bids so received are reasonable. The Developers shall also be provided the opportunity to request that the City Engineer consider including certain contractors that the Developer might suggest to be added to the proposed bidder's list. Final determination of the proposed bidder's list shall rest in the discretion of the City Engineer. G. Estimates. The above estimates are engineering projections only. Developer shall be responsible for all actual expenses incurred in the securing and installing of all Plan B improvements. The method of calculation of such costs shall be as specified by the City Engineer. H. Connection Charges. All connection charges and fees shall be paid by Developer. The City Engineer shall compute the connection fee as prescribed by ordinance /resolution as to this development and advise the City Clerk as to the appropriate fee to be collected. Connection fees for all lots and blocks are due and payable upon execution of this agreement and are as follows: 48493/1 9 Lot 1, Block 1 Oak Park Station Sanitary Sewer $ 3,432.00 Water $ 5,966.40 Storm Sewer $ 7,563.60 TOTAL $ 16,692.00 Phase Two - Oak Park Station shall pay its connection fees upon final platting. The projected connection fees for that phase of the development are: Sanitary Sewer $32,760.00 Water $56,9521/Q Storm Sewer $12 TOTAL $161,910.00 $161,910.00 TOTAL The City reserves the right to modify or adjust the amount or manner of computation of connection fees from time to time which may adjust or increase the connection fees on the remaining lands (outlot) at such time . as they become due at platting or development. 5. The Developer shall be current in all obligations to the City of Oak Park Heights for previous billed expenses relating to this development. Developer shall continue to be current and pay all charges billed by the City for City Staff and professional consultant 48493/1 expense as billed on a monthly basis. In the event of non -- payment of any monthly expense as billed by the City, the City reserves the right to cease all further work on the project and withhold permits until the billings are brought current and an escrow is provided to secure future payment for services anticipated to be provided. 6. GENERAL: A. Binding Effect. The terms and provisions hereof shall be binding upon and inure to the benefit of the heirs, representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Subdivision and shall be deemed covenants running with the land. References herein to Developer, if there be more than one, shall mean each and all of them. The Agreement, at the option of the City, shall be placed on record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Subdivision and all recording fees, if any, shall be paid by the Developer. B. E. The City has given final approval to the Phase One of Oak Park Station and upon execution and delivery of this Agreement and of all required documents and security, subject to compliance with the Ordinances of the City and terms and provisions hereof, land grading and building permit may be issued by the City. 1.. i# s .. C. Incorporation of Reference. All plans, special provisions, proposals, specifications and contracts for the improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set out herein in full. Specifically the following Planning Reports and Engineering files and final documentation approved by the City Planner and the City Engineer are specifically incorporated by reference herein and included herein as if originally made part of this agreement: 1. Planners Report December 5, 2001 with attachments D. PILL P.e. The City of oak Park Heights shall file the Planned Unit Development Permit of record in the office of the County Recorder. As to any and all administrative, legal or engineering costs which the Developer is expected to pay to the City of Oak Park Heights, which costs may 1 11 1 . 11 kJ ■ 1 "f .1 10 48493/1 P. be offset against the cash deposit or letter of credit which the Developers will file and provide to the City of Oak Park Heights, the Developers shall be given the opportunity to review and comment on such costs prior to the application by the City of Oak Park Heights for the payment of same. The City Engineer shall establish construction schedules for Plan A and Plan B improvements and shall consult with Developers' Engineers prior to establishing same. G. Inning. Oak Park Station has been designated a B -3 Highway Business and Warehouse zoning classification by the City Council. All future use and development shall comply with the applicable provisions of the relevant zoning ordinance of the City of Oak Park Heights relating thereto. H. Street Grades. The grades of all streets shall not exceed 8% and the minimum grade shall not be less than .5%. Phase T Development. Developer's Development is approved for Phase 1 of the Oak Park Station. This phase includes the construction of a building consisting of: The construction of S & C Bank and related improvements as shown on development plans provided to the Director of Community Development for the City of oak Park Heights. Development of subsequent phases will require an approval a separate general plan of development for each phase. J. Handicappe. Parking. Location of disability/ handicapped stalls shall be made more efficient with regard to serving all of the areas of the proposed facility. L. Landscaping. A final landscaping plan shall be developed and submitted to the City Planner and Arborist for their review and approval by Developers M. Trash Receptacles. Trash receptacle areas shall be designated on each site plan for the building. All tenants of any building will be required to utilize these trash receptacles or will be required to store trash internally. 11 48493/1 N. Lighting. Developers must submit a lighting plans to the City Planner and Director of Community Development. A photo-metric lighting plan shall be submitted and subject to review and specific approval of City Staff. All lighting shall be hooded and controlled so as not to direct light source to adjacent lands and not to be visible from the public right-of-way or from adjacent properties all in compliance with Section 401.15B.7 of the Zoning Ordinance. O. Signage. A master signage plan shall be developed by the Developers and submitted to the office of the Director of Community Development and City Planner for approval. All signage shall be conform to the master signage plan so approved by the City Director of Community Development. P. Any changes to the submitted landscape and drainage plans resulting in changes to the stormwater ponding areas or the rate or volume flow calculations to those ponds shall be subject to review and approval of the City Council and the appropriate watershed authority. Q. A 25 foot curb to building setback shall be required for all development within any phase of the project. R. A temporary cul de sac shall be provided at the south end of the road to be constructed in Phase One of this project. S. Pursuant to the recommendations of the Park Commission the Developers shall construct a trail within the project to conform to the City Comprehensive Park and Trail Plan. Final plans and specifications for the trail shall be subject to the review and approval of the Director of Community Development T. The Developer shall comply with the maintenance plan for infiltration ponds attached hereto and incorporated by reference herein as Exhibit B. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS 12 48493/1 13 By David Beaudet Mayor Kimberly Kamper Administrator In the presence of: Jacob Holding of Stillwater, LLC In the presence of: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) 48493/1 14 By Its Chief Manager Donald A. Shoemaker Calvin J. Brookman Ruth M. Brookman Jerden, LLC By Its Chief Manager On this day of , 2001, before me a Notary Public, within and for said County personally appeared David Beaudet and Kimberly Damper, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2001, before me a Notary Public, within and for said County personally appeared , to me personally known, being duly sworn did say that he is the Chief Manager of Jacob Holding of Stillwater, L.L.C., a Minnesota limited liability company, named in the foregoing instrument; and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument to be the free act and deed of said company, STATE OF MINNESOTA ) : ss. COUNTY OF WASHINGTON) Notary Public On this day of , 2001, before me a Notary Public, within and for said County personally appeared Calvin J. Brookman and Ruth M. Brookman, husband and wife, to me personally known, being each by me duly sworn did say that they are respectively one of the Owners and Developers named in the foregoing instrument; and that said instrument was signed by Calvin J. Brookman and Ruth M. Brookman as their own free act and deed. 48493/1 15 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2001, before me a Notary Public, within and for said County personally appeared Donald A. Shoemaker, a single person, to me personally and being sworn did say that he is one of the Owners and Developers named in the foregoing instrument; and that said instrument was signed by Donald A. Shoemaker as his own free act and deed. STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) On this day of , 2001, before me a Notary Public, within and for said County personally appeared to me personally known, being duly sworn did say that he is the Chief Manager of Jerden, LLC, a Minnesota limited liability company, named in the foregoing instrument; and that said instrument was signed on behalf of said company by authority of its Board of Governors and said acknowledged said instrument to be the free act and deed of said company. THIS INSTRUMENT WAS DRAFTED BY: Mark J. Vierling Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue Stillwater, MN 55082 (612) 439 -2878 48493/1 16 Notary Public Notary Public 48493/1 EXHIBIT A LEGAL DESCRIPTION 17 Maintenance Plan for Infiltration Ponds The developer or landowner group shall be responsible for maintaining the infiltration ponds constructed for the Oak Park Station development. Short -Term Maintenance Requirements Vegetation Short-term maintenance would require partial re-vegetation in areas where the native vegetation is not able to survive. Due to the native planting scheme, which will be proposed for the stormwater infiltration ponds, the developer will be required to contract a landscaper to perform a prescribed mowing or burn once every five years. Erosion In the event that the side slopes of the stormwater management ponds erode the short -term maintenance requirements may include the following: 1. Excavation of sediment where it is accumulating in the basin with light earth - moving equipment. 2. Re-grading of the side slopes and bottom of basin (if necessary) with light earth - moving equipment. 3. Re- seeding as originally specified in the vegetation management plan. 4. Installation of an appropriate erosion control blanket to reinforce the side slopes if deemed necessary by an erosion control specialist. Long - Term Maintenance Requirements Depending upon the quality of the stormwater being infiltrated and the ability of the buffers to treat the stormwater, the soils in the infiltration ponds may become clogged with fine material over time to the point of storing the runoff generated for a single 5-year 24-hour rainfall event (3.5 inches) on a routine basis for over 72 hours. Expected long -term maintenance for the property would require minor rehabilitation of the infiltration ponds. Infiltration Ponds /Basins EXHIBIT B The rehabilitation of the infiltration ponds would require the excavation of accumulated fine material with light earth - moving equipment and re-planting with native vegetation. Excavation would occur in the following manner: 1. Remove the accumulated final material and topsoil with light earth - moving equipment. 2. Excavated material shall be hauled and disposed of off site to prevent the material from re-entering the basin(s). 48493/1 3. Excavate down to the naturally occurring permeable, sandy material. 18 4. Following excavation, re- vegetate the bottom of the basins as specified in the vegetation management plan. 48493/1 19