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HomeMy WebLinkAboutMONITORING AND MAINTENANCE AGREEMENT FOR WATER SCANNED MOM- MONITORING AND MAINTENANCE AGREEMENT FOR WATER SUPPLY City of Prior Lake, Minnesota THIS AGREEMENT ("AGREEMENT") is made and entered into this Z`V13 day of 2018, by and between the City of Prior Lake, a Minnesota municipal corporation, organized under the laws of the State of Minnesota ("CITY") and Ironclad Prior Lake LLC, a limited liability company, 14723 Glendale Ave SE, Prior Lake, Minnesota 55379 ("OWNER"). RECITALS WHEREAS, OWNER is the fee owner of certain property within the City of Prior Lake legally described on attached Exhibit A ("PROPERTY"). Exhibit A is incorporated herein as if fully set forth; and WHEREAS, OWNER has proposed construction of Ironclad Self Storage, a commercial building("DEVELOPMENT") on the PROPERTY; and WHEREAS, in conjunction with the DEVELOPMENT, the CITY requires certain water supply system standards be met; and WHEREAS, OWNER has submitted a plan for construction and maintenance of water supply systems for the DEVELOPMENT designed to meet CITY standards. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Purpose. The purpose of this AGREEMENT is to set forth the terms and conditions for the construction, monitoring, and maintenance of the water supply system facilities for the DEVELOPMENT("WATER SUPPLY FACILITIES"). 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 3. Design and Installation of WATER SUPPLY FACILITIES. 3.1 The OWNER is solely responsible for design and installation of the WATER SUPPLY FACILITIES. 3.2 The WATER SUPPLY FACILITIES shall be constructed in accordance with the utility plan ("UTILITY PLAN") attached as Exhibit B. Exhibit B is incorporated herein as if fully set forth. 3.3 The UTILITY PLAN for the WATER SUPPLY FACILITIES shall not be changed without prior written approval of the CITY. 4. Monitoring and Maintenance of WATER SUPPLY FACILITIES. 4.1 The OWNER is solely responsible for the monitoring and maintenance of the WATER SUPPLY FACILITIES to ensure that the WATER SUPPLY FACILITIES provide adequate water capacity for the DEVELOPMENT currently and in the future. 4.2 Monitoring and maintenance activities shall comply with the monitoring and maintenance plan ("MONITORING AND MAINTENANCE PLAN") attached as Exhibit D. Exhibit D is incorporated herein as if fully set forth. The MONITORING AND MAINTENANCE PLAN includes but is not limited to methods for cleaning, repairing, and other work deemed necessary to ensure the proper function of the WATER SUPPLY FACILITIES. 4.3 The OWNER shall implement the MONITORING AND MAINTENANCE PLAN to ensure that the WATER SUPPLY FACILITIES continue to provide adequate water capacity for the DEVELOPMENT currently and in the future. 4.4 The OWNER must annually conduct at least one inspection of the WATER SUPPLY FACILITIES and submit an annual inspection report to the CITY on or before June 3011 of each year. The annual inspection report must include enough information to determine if the WATER SUPPLY FACILITIES are providing adequate capacity for the DEVELOPMENT. 4.5 The MONITORING AND MAINTENANCE PLAN shall not be changed without prior written approval of the CITY. 5. Default. A failure to comply with the UTILITY PLAN or MONITORING AND MAINTENANCE PLAN or with any of the terms and conditions of this AGREEMENT shall constitute a default of this AGREEMENT by OWNER. In the event of a default, the CITY shall provide the OWNER with notice as provided for in Paragraph 6. The notice shall set forth the nature of the default and the time within which the OWNER must cure the default, which shall be not less than 2 weeks. Should OWNER fail to cure the default within the time set forth in the notice, CITY shall have the right, but not the obligation to, enter upon the i f property legally described in Exhibit C ("EASEMENT") and perform the required work to cure the default, except that in the event the nature of the default is such that, in the sole judgment of the CITY, it may pose an imminent potential risk to the health, safety or welfare to persons or property, the CITY may immediately and with no notice to OWNER enter the EASEMENT and perform the required work to cure the default. All costs incurred by the CITY to cure the default, including administrative costs and attorney fees, shall be the sole responsibility of the OWNER. 5.1 The CITY shall invoice the OWNER for the costs incurred to enforce this AGREEMENT and/or cure the default. 5.2 The OWNER shall pay said invoice within 30 days of receipt. 5.3 The OWNER agrees that if OWNER fails to pay the invoiced amount within 30 days of receipt thereof, the CITY may assess the invoiced amount against the PROPERTY. OWNER waives notice and procedural requirements of any kind, including notice of any hearing or proceeding at which the assessment is to be considered. OWNER waives any objection to irregularity of the procedure of the assessment and any and all appeal rights to the assessment. Said waiver is a waiver of any and all rights of appeal of any nature and a specific waiver of appeal rights under Minn. Stat. 429.081, any other statute, common law, Constitutional provision, or any other applicable law. 6. Notices. Required notices to the OWNER shall be in writing, and shall be either hand delivered to the OWNER, its employees or agents, or mailed to the OWNER by certified mail at the following address: 14723 Glendale Ave SE, Prior Lake, Minnesota 55379. Notices to the CITY shall be in writing and shall be either hand delivered to the City Manager, or mailed to the CITY by certified mail in care of the City Manager at the following address: City of Prior Lake,4646 Dakota Street SE,Prior Lake, Minnesota 55372. 7. Right to Access. The OWNER grants the CITY the right to enter upon the EASEMENT for the purpose of inspection of the WATER SUPPLY FACILITIES, curing any default, or to prevent any imminent potential threat to the health,safety or welfare of persons or property. 8. Indemnification and Hold Harmless. The OWNER shall indemnify, defend and hold the CITY, its Council, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands,actions, suits,proceedings, liens, losses, costs,expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and attorneys' fees, that the CITY incurs or suffers, which arise out of, result from or relate to any acts or omissions involved in the carrying out of the obligations or rights under this AGREEMENT. The responsibility to indemnify and hold the CITY harmless from claims arising out of or resulting from the actions or inactions of the CITY, its Council, agents, employees, and representatives does not extend to any willful or intentional misconduct on the part of any of these individuals. 9. Recording. The OWNER shall cause this AGREEMENT to be recorded against the PROPERTY within 10 days of its execution. The OWNER shall provide evidence of recording to the CITY within 10 days thereafter. 10. Heirs, Successors, and Assigns. This AGREEMENT shall run with the PROPERTY and shall be binding against all heirs, successors and assignees of the OWNER and the CITY. 11. Severabilityan. In the event provisions of this AGREEMENT shall be held invalid, illegal, Y or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, and the remaining provisions shall not in any way be affected or impaired thereby. 12. Waiver. Failure of either party at any time to require performance of any provision of this AGREEMENT shall not affect its right to require full performance thereof at any time thereafter and the waiver by either party of a breach of any such provision shall not be taken or held to be a waiver of any subsequent breach thereof or as nullifying the effectiveness of such provision. 13. Reimbursement of Fees and Costs. Any fees or costs incurred by the CITY associated with enforcing any of the terms and conditions set forth in this AGREEMENT, including but not limited to CITY staff, engineering and attorney's fees, shall be the sole responsibility of the OWNER. The OWNER agrees that if OWNER fails to pay any invoiced amount within 30 days of receipt thereof, the CITY may assess the invoiced amount against the PROPERTY as set forth in Paragraph 5.3. 14. Remedies. In addition to any other remedies available to the CITY at law or in equity, including the remedies contained in Paragraph 5 herein, CITY may sue OWNER for damages and/or may maintain a suit for specific performance of this AGREEMENT. All rights and remedies provided to the CITY herein are cumulative and the exercise of one shall not operate to bar the exercise of any other rights under this AGREEMENT or provided by law. 15. Governing Law. This AGREEMENT shall be governed by the laws of the State of Minnesota. Executed by the parties hereto as of the day and date first above written CITY OF P OR LAKE By: By: Ki gs ayor Frank Bo s, Cit M ager STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of 2018, by Kirt Briggs, Mayor, and Frank Boyles, City Manager, of the City of Prior ake on behalf of the City and pursuant to the authority granted by its City Council. r- Ann Marilyn Schroeder Notary Public NOTARY PUBLIC Minnesota My Commission Expires January 31,2021 OWNER By: Rhys Wallace, artner STATE OF MINNESOTA ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of SPr� 2018, by Rhys Wallace, Partner of Ironclad Prior Lake LLC, a Minnesota limited liability corporation on behalf of the corporation. ERIC LUIS NEGRON RY IC NOTARY PUBLIC-MINNESOTA MY COMMISSION EXPIRES 0113112022 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 1, Block 1, DEERFIELD INDUSTRIAL PARK ELEVENTH ADDITION,according to the recorded plat thereof,Scott County, Minnesota. EXHIBIT B UTILITY PLAN see attached plan — — — � _ _--- x:=--- — — � t I � a �' DO 0 0 0 0 00000 j �� I d p a I m I a I ci g3 v a � ga I m m s 4 g E A I €g I rn 3 a � I I - p B i Vi gyg gkg gkg I w=l a I O 0 iY Ho i ..»...» n R 9 z -- -- - --- - - -- -- D 0 ---- ...... ; z COUNTY ROAD NO. 87 l a o (REVERE WAY) X8888 Ran n ._.. Z ANN=— Fn via NnY �n nnHIM m S 8 '6 issued UTILITY PLAN ua Rehder& flssociates,Inc. /� Mx bn a us Sw W YM1xweta. v�ir;(Enp,;nnrz.Pl xxm wdlwnd J'xrcnors W IRONCLAD SELF STORAGE ✓/1.6 P. 4A o,.srJn_ �..:ti »i:F.�,Ni 1.11111 ..a CITY OF PRIOR LAKE � .a++�wuxwc n.•pero++.wc EXHIBIT C The East 17 feet of the West 27 feet of the North 130 feet of Lot 1, Block 1, DEERFIELD INDUSTRIAL PARK ELEVENTH ADDITION, according to the recorded plat thereof, Scott County, Minnesota. EXHIBIT D MONITORING AND MAINTENANCE PLAN Monitoring Activities-Water Supply Facilities Inspection Activity Recommended Outcomes/Actions Inspection Frequency 1. Visual inspection for leaks Every 6 months Notify maintenance staff/Property Manager of need to repair 2. Inspect structural components Every 6 months Notify maintenance of hydrants and valve boxes staff/Property Manager of any observed structural damage 3. Inspect ground surface above Every 6 months Notify maintenance and adjacent to the structures staff/Property Manager of the for sinkholes or other unusual presence of sinkholes depression areas, Maintenance Activities-Water Supply Facilities Maintenance Frequency Procedure Maintenance by Activity 1. Repair leaks As needed per Isolate source of Property owner or inspection leak and repair designated contractor and notify City water dept. 2. Structural As needed per Repair or replace Property owner or components inspection components per designated contractor and manufacturer's notify City water dept. recommendations 3. Flushing of water Annually Remove City Water Department piping accumulated sediment through access, preferably vacuum.