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Home My WebLink About2012-03-12 VBWD Permit 2012-03 Attachment -SWQTF Maintenance Agreement (04-12-12) tlot 9 z adn 03AI3338 STORM WATER QUALITY TREATMENT FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT is made this • 1 2 - d ay of Aer+ I 2012 by and between the Valley Branch Watershed District, a political subdivision of the State of ( "VBWD ") and NH Partners — Oak Park Heights, LLC ( "Owner "). RECITALS: A. Owner owns certain real property situated in the city of Oak Park Heights, Washington County, Minnesota, legally described as: Part o f Lot 6, Block 1, Oak Park Ponds Addition, according to the recorded plat thereof, Washington County, Minnesota B. As a condition of its approval of the development of the Subject Property, VBWD has required that the Owner enter into an agreement for the maintenance of the Storm Water Quality Treatment Facility for the Property (The "Facility "). The Facility is located within the boundaries of the Property on construction plans prepared by Owner. C. The Owner desires to set forth its agreement with respect to the maintenance of the Facility and the cost of such maintenance. 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 agree as follows: 1. Access Easement. The Owner shall grant to VBWD the necessary easements and rights -of -way and /or maintain perpetual access from public rights -of -way to the water quality unit for VBWD, its agent or contractor. 2. Recording. VBWD shall record this Agreement with the Recorder of the County of Washington, Minnesota. The Owner shall pay a $100.00 processing and filing fee to VBWD upon submission of this Agreement. 3. Assessments. The Owner, for itself and respective successors and assigns, does waive any statutory right which it may have to contest any assessment for costs hereunder by VBWD. 4. Through Permit Close Out. Until such time as the permit with VBWD for the project is closed out: 4a. For the purposes of this Agreement, maintenance of the Storm Water Quality Treatment Facility shall include, but not be limited to, annual inspection, annual maintenance reporting and certification by a professional engineer (provided by Owner(s)) that the facility is functioning in accordance with the approved plans and H: \USER \Dfrick \Templates \Deb's Templates \Normal.dot minimum maintenance standards set forth by VBWD as set forth and defined in Exhibit A. 4b. If necessary, Owner( s) shall undertake at its expense periodic dredging or removal of silt buildup and other deposited materials within the Storm Water Quality Treatment Facility to maintain its treatment capacity and proper operation, as established in the construction plans. Any maintenance needs required by VBWD shall occur within 30 days of the certified inspection. 4c. Upon receipt of the annual certification of inspection and maintenance report, VBWD may inspect the facility to ensure that the facility meets the maintenance standards. Inspection of the facility shall not render responsibility for identifying ongoing maintenance needs. 4d. The Owner(s) shall be solely responsible for maintenance of the facility, and shall bear all costs of such maintenance. If the Owner(s) do(es) not undertake the necessary maintenance within thirty (30) days of notification by VBWD, VBWD may contract such maintenance, but the costs reasonably incurred by VBWD for contracting such maintenance shall be reimbursed to VBWD by the Owner(s). 5. Ongoing Obligation. After the VBWD closes the permit, the Owner(s) for itself and respective successors and assigns, will remain responsible for vegetation management of all storm water management facilities, including but not limited to weeding and maintaining the originally planned and installed vegetation species and varieties. 6. Successors. The terms and conditions of this Agreement shall be biding upon, and shall insure to the benefit of, the parties hereto and their respective successors and assignees. IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the day and year first above written. VALLEY B; N H W A E RSHED DISTRICT By �_/ Its �resl•e t BOA 'IA ,. s ecretary NH PARTNERS -OAK PARK HEIGHTS, LLC I L.14Z Thomas Bennett Its: MAj n47.)( ?ts4n. tJF H: \USER \Dfrick \Templates \Deb's Templates \Normal.dot STATE OF MINNESOTA ) )ss COUNTY OF WASHINGTON ) • The foregoing was acknowledged before me this fio day of iri I , 20 / Z by David J. Bucheck and Jill Lucas, respectively the President and Secretary of the Valley Branch Watershed District, State of Minnesota. r� =w BARBARA MLLE LORENZSONN Notary Public Minnesota My Commission Ex•ires Ja 31.2015 Notary Public STATE OF MINNESOTA )„ tareNAirEgue )SS l MY CO ON o( COUNTY OF HENNEPIN ) , uwu . 39°13 • • The foregoing was acknowledged before me this I a " " day of , 2012, by Thomas Bennett, the M'c' j') f ar of NH Partners -Oak Par LLC. Notary Public H:\ USER \Dfrick\ Templates \Deb's Templates \Normal.dot Exhibit A Minimum Maintenance Standards for Storm Water Quality Treatment Facilities 1) Infiltration Facilities a) Debris i. Clear litter and vegetation debris from the contributing drainage area ii. Clean bottoms of the facilities iii. Clear debris from inflow pipes and /or inlet areas iv. Clear debris from overflows b) Forebays i. Remove trapped sediment if less than 50% of storage volume is remaining c) Vegetation i. Mow and fertilize as per Operations and Maintenance Plan ii: Remove undesirable vegetation and restore any dead vegetation that was installed as part of the project iii. Correct/stabilize any erosion problems d) Sediment Removal i. Remove any sediment that has accumulated in basin ii. Remove winter sand deposition every spring e) Inlets /Outlets i. Repair as needed ii. Remove any sediment or oil from catch basins and /or manholes f) Filter Bed i. Remove and replace upper layers of soil if basin does not drain down within 72 hours. 2) Storm water Ponds a) Debris i. Clear litter and vegetation debris from contributing drainage area ii. Remove floatable debris in and around the pond area including, but not limited iii. to: oils, gases, debris and other pollutants. iv. Clear litter from pond inflow pipe v. Clear litter from pond outlet b) Vegetation i. Maintain landscape adjacent to the pond per original design, including but not limited to: maintenance of the buffer strip and other plant materials as per original plan design. ii. Remove undesirable vegetation and restore any dead vegetation that was installed as part of the project. iii. Correct/stabilize any erosion problems c) Sediment Removal i. Remove sediment if less than 50% of storage volume is remaining H: \USER \Dfrick \Templates \Deb's Templates \Normal.dot d) Inlets /Outlets i. Repair as needed ii. Remove any sediment from sump catch basins and /or manholes iii. Remove debris from trashracks e) Emergency Overflow i. Clear spillway of debris, obstructions, and inappropriate vegetation ii. Repair any cracking, bulging, or sliding iii. Maintain and correct as needed all erosion control measures, including but not limited to riprap storm sewer outlets Disposal of materials shall be in accordance with local, state and federal requirements as applicable. Clean up and maintenance shall occur immediately after a spill takes place. Appropriate regulatory agencies should also be notified in the event of a spill. Inspection, maintenance reporting and certification shall be conducted by a professional engineer (Provided by Owner) as set forth in the Storm Water Quality Treatment Facility Maintenance Agreement. A copy of such information must be submitted to the VBWD. H:\ USER \Dfrick\ Templates \Deb's Templates \Normal.dot