HomeMy WebLinkAboutVIII-14 Authorize Signature - Stormwater Management Agreement - UHL
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 17, 2022
Item: Authorize Signature: Stormwater Facilities Maintenance Agreement - United
Heroes League - 2800 Ravenna Trail
Council Action Requested:
Authorize Signature of the attached Stormwater Facilities Maintenance Agreement between
the City of Hastings and United Heroes League establishing stormwater maintenance
obligations and responsibilities for the future development of the United Heroes League
Property located at 2800 Ravenna Trail. Approval would be subject to minor changes
prior to final signature. A simple majority is necessary for action
Background Information:
On August 15, 2022, the City Council approved an Interim Use Permit (IUP) to allow for
construction of a temporary gravel parking lot and outdoor hockey rink. Grading
activities related to IUP uses will also commence leading to the need for the Stormwater
Agreement.
Financial Impact:
Site development may increase tourism travel to Hastings from the region.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Stormwater Facilities Maintenance 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 _________________, 2022, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and United Heroes League, a Minnesota nonprofit corporation, f/k/a Defending the Blue Line, a Minnesota nonprofit corporation (“Developer”).
WHEREAS, that certain real property situated in the City of Hastings, County of Dakota,
State of Minnesota, legally described on the attached Exhibit A (the “Property”), was conveyed to Defending the Blue Line, a Minnesota nonprofit corporation (“Defending the Blue Line”), by that certain Warranty Deed dated April 3, 2020, recorded as Document No. 3363341 in the Office of the County Recorder, Dakota County, Minnesota; and
WHEREAS, Defending the Blue Line changed its name to United Heroes League, a Minnesota nonprofit corporation, by an amendment filed with the Minnesota Secretary of State on July 14, 2021; 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 B 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 Rani Engineering dated September 22, 2022 (“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 C. 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
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,
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: United Heroes League Attn: Shane Hudella 15211 Ravenna Trail
Hastings, MN 55033
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 ______________________, 2022, 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: UNITED HEROES LEAGUE
By: Name:
Its:
STATE OF MINNESOTA ) ) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of _______________________________, 2022 by , the
of United Heroes League, a Minnesota nonprofit
corporation, on behalf of said nonprofit corporation.
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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EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY
Parcel 1: All that part of the West Half (W 1/2) of the Northeast Quarter (NE 1/4), Section Thirty-five (35), Township One Hundred Fifteen (115), Range Seventeen (17) lying East of Dakota County Road
No. 91 as now established; and lying South of County State Aid Highway No. 54 except the South
1072 feet thereof. And
The East 275.35 feet of the South 1072 feet of the West Half (W 1/2) of the Northeast Quarter (NE
1/4), Section Thirty-five (35), Township One Hundred Fifteen (115), Range Seventeen (17) except the South 200 feet thereof Except
That part of the West Half of the Northeast Quarter of Section 35, Township 115, Range 17 West Dakota County, Minnesota, described as follows: Commencing at the northwest corner of the West Half of the Northeast Quarter of said Section 35;
thence South 00 degrees 16 minutes 13 seconds East, assumed bearing, along the west line of said
West Half, a distance of 1565.10 feet to the north line of the south 1072.00 feet of said West Half; thence North 89 degrees 48 minutes 53 seconds East, along said north line, a distance of 588.06 feet to the point of beginning of the land to be described; thence North 10 degrees 57 minutes 52 seconds East, a distance of 225.32 feet; thence South 79 degrees 02 minutes 08 seconds East, a
distance of 145.11 feet; thence North 10 degrees 57 minutes 52 seconds East a distance of 501.37
feet to the centerline of the County State Aid Highway Number 54; thence North 79 degrees 02 minutes 08 seconds West, along said centerline, a distance of 846 feet, more or less, to the centerline of Dakota County Road Number 91, being the westerly line of Parcel Number 3 of Dakota County Document Number 844980; thence Southerly, along said centerline, being the
westerly line of said Parcel Number 3, a distance of 877 feet, more or less, to the north line of the
south 1072.00 feet of said West Half; thence North 89 degrees 48 minutes 53 seconds East, along said north line a distance of 360 feet, more or less, to the point of beginning. Parcel 2:
That part of the East Half (E 1/2) of the Northeast Quarter (NE 1/4), Section Thirty-five (35), Township One Hundred Fifteen (115), Range Seventeen (17), lying South of County State Aid Highway No. 54 and lying North of the following described line:
Commencing at the Southwest corner of said Southeast Quarter (SE 1/4) of the Northeast Quarter
(NE 1/4); thence North 0 degrees 10 minutes 23 seconds East (assumed bearing) along the West line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) a distance of 76.30 feet to the point of beginning of the line to be described; thence North 71 degrees 07 minutes 58 seconds
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East a distance of 1393.20 feet to the East line of said Southeast Quarter (SE 1/4) of the Northeast Quarter (NE 1/4) and said line there terminating.
Excepting Therefrom that part of the Northeast Quarter (NE 1/4) of Section Thirty-five (35), Township One Hundred Fifteen (115), Range Seventeen (17), Dakota County, Minnesota, described as follows:
Commencing at the Northeast corner of said Northeast Quarter (NE 1 /4); thence North 89 degrees
50 minutes 20 seconds West (assumed bearing) along the North line thereof a distance of 166.22 feet; thence South 0 degrees 09 minutes 40 seconds West a distance of 1138.84 feet to the centerline of County Road No. 54; thence North 82 degrees 01 minutes 55 seconds West along said centerline a distance of 371.29 feet to the point of beginning, thence continuing North 82
degrees 01 minutes 55 seconds West along said centerline thereof a distance of 309.71 feet thence
South 7 degrees 58 minutes 05 seconds West a distance of 707.89 feet; thence South 82 degrees 01 minutes 55 seconds East a distance of 271.33 feet; thence North 15 degrees 36 minutes 03 seconds East a distance of 434.30 feet thence North 3 degrees 59 minutes 15 seconds East a distance of 278.11 feet to the point of beginning.
And Also Excepting Therefrom that part of the Northeast Quarter (NE 1 /4) of Section Thirty-five (35), Township One Hundred Fifteen (115), Range Seventeen (17), Dakota County, Minnesota, described as follows:
Commencing at the Northeast corner of said Northeast Quarter (NE 1/4); thence North 89 degrees
50 minutes 20 seconds West (assumed bearing) along the North line thereof a distance of 166.22 feet; thence South 0 degrees 09 minutes 40 seconds West a distance of 1138.84 feet to the centerline of County Road No. 54 and the point of beginning of the land to be described; thence North 82 degrees 01 minutes 55 seconds West along said centerline a distance of 300.00 feet;
thence South 13 degrees 19 minutes 49 seconds West a distance of 948.57 feet; thence North 71
degrees 19 minutes 27 seconds East a distance of 352.23 feet, thence North 13 degrees 19 minutes 49 seconds East a distance of 789.92 feet to the point of beginning, Dakota County, Minnesota. Abstract Property
PIDs: 19-03500-14-020 and 19-03500-01-019
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EXHIBIT B STORMWATER FACILITIES LOCATION MAP
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EXHIBIT C STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
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