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HomeMy WebLinkAboutMONITORING AND MAINTENANCE AGREEMENT FOR SANITARY - KRB MONITORING AND MAINTENANCE AGREEMENT FOR SANITARY SEWER City of Prior Lake, Minnesota T THIS AGREEMENT ("AGREEMENT") is made and entered into this /5 day of �IUJW b""' , a o► 9 , by and between the City of Prior Lake, a Minnesota municipal corporation, organized under the laws of the State of Minnesota("CITY") and KRB Development, LLC., a Minnesota company, 14750 Cedar Avenue South — Suite 100, Apple Valley, Minnesota 54124 ("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 the Eagle Creek Commercial - Access, a commercial access ("DEVELOPMENT") on the PROPERTY; and WHEREAS, in conjunction with the DEVELOPMENT, the CITY requires certain sanitary sewer system standards be met; and WHEREAS, OWNER has submitted a plan for construction and maintenance of sanitary sewer 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 sanitary sewer system facilities for the DEVELOPMENT ("SANITARY SEWER FACILITIES"). 2. Recitals. The recitals set forth above are incorporated as if fully set forth herein. 3. Design and Installation of SANITARY SEWER FACILITIES. 3.1 The OWNER is solely responsible for design and installation of the SANITARY SEWER FACILITIES. 32 The SANITARY SEWER 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. 33 The UTILITY PLAN for the SANITARY SEWER FACILITIES shall not be changed without prior written approval of the CITY. 4. Monitoring and Maintenance of SANITARY SEWER FACILITIES. 4.1 The OWNER is solely responsible for the monitoring and maintenance of the SANITARY SEWER FACILITIES to ensure that the SANITARY SEWER FACILITIES provide adequate sewer capacity for the DEVELOPMENT currently and in the future. 42 Monitoring and maintenance activities shall comply with the monitoring and maintenance plan ("MONITORING AND MAINTENANCE PLAN') attached as Exhibit C. Exhibit C 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 SANITARY SEWER FACILITIES. 43 The OWNER shall implement the MONITORING AND MAINTENANCE PLAN to ensure that the SANITARY SEWER FACILITIES continue to provide adequate sewer capacity for the DEVELOPMENT currently and in the future. 44 The OWNER must annually conduct at least one inspection of the SANITARY SEWER FACILITIES and submit an annual inspection report to the CITY on or before June 301"of each year. The annual inspection report must include enough information to determine if the SANITARY SEWER FACILITIES are providing adequate capacity for the DEVELOPMENT. 45 The MONITORING AND MAINTENANCE PLAN shall not be changed without prior written approval of the CITY. 5. Def u . 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 property legally described in Exhibit A ("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. 52 The OWNER shall pay said invoice within 30 days of receipt. 53 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: 14750 Cedar Avenue South — Suite 100, Apple Valley, Minnesota 54124. 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 SANITARY SEWER 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. r . The OWNER shall cause this AGREEMENT to be recorded against the � g 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. Severability. In the event any provisions of this AGREEMENT shall be held invalid, illegal, 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 ofMinnesota. Executed by the parties hereto as of the day and date first above written CITY YPRILAKE By: By: Kirt o Frank Boyles, ty M age ST F MINNESOTA ) ss. OUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of tG— ,2,0I� by Kirt Briggs, Mayor, and Frank Boyles, City Manager, of the City of Prior Lake on behalf of the City and pursuant to the authority granted by its City Council. NOTARY PUBLIC ', •, Ann Marilyn SahraaP"' Y / OWNER lL�-g L),1-U>°10e meVl'j L L(%, Notary Pijhlic Minnesota " My Commission Expires January 31,2021 By: wi 17,ate ./ ✓t - iP f f�ir,,�u Jcf/ I � STATE OF MINNESOTA ;a PAULA JEAN VOLLERTSEN K c NOTARY Pt CLIC•MINNESOTA ss. `4wa My Commission Expires ) t '�' _.. January 31,zozo COUNTY OF SCOTT .r x The foregoing instrument was acknowledged before me this / f T day of /����'�"fie "6" bE. Ry-`'the of KRB Development, LLC., a Minnesota company on behalf of the corporation. NOTARY PUBLIC EXHIBIT A Drainage and Utility Easement Sketch and Description SKETCH & DESCRIPTION FOR: KRB DEVELOPMENT, LLC DRAINAGE & UTILITY EASEMENT An easement for drainage and utility purposes over, under, and across that part of Outlot A, EAGLE CREEK COMMERCIAL 2ND ADDITION, according to the recorded plat thereof,Scott County, Minnesota, described as follows: Commencing at the most southerly corner of said Outlot A; thence on an assumed bearing of North 27 degrees 36 minutes 57 seconds East, along the southeasterly line of said Outlot A, a distance of 32.52 feet to the point of beginning; thence North 62 degrees 23 minutes 05 seconds West a distance of 37.11 feet; thence North 21 degrees 18 minutes 59 seconds East a distance of 176.42 feet; thence North 62 degrees 23 mnutes 17 seconds West a distance of 15.55 feet;thence North 27 degrees 36 minutes 43 seconds East a distance of 42.03 feet;thence South 62 degrees 23 minutes 17 seconds East a distance of 10.91 feet; thence North 21 degrees 18 minutes 59 seconds East a distance of 97.88 feet,- thence eet;thence North 57 degrees 45 minutes 53 seconds East a distance of 39.03 feet to the northeasterly line of said Outlot A; thence southeasterly a distance of 45.98 feet along said northeasterly line, being a non-tangential curve concave to the southwest having a radius of 270.00 feet, a central angle of 09 degrees 45 minutes 29 seconds, and a chord which bears South 30 degrees 41 minutes 49 seconds East; thence South 29 degrees 58 minutes 14 seconds West, not tangent to the last described curve, a distance of 115.79 feet; thence North 60 degrees 01 minute 46 seconds West a distance of 11.08 feet,- thence eet;thence South 20 degrees 53 minutes 14 seconds West a distance of 30.19 feet;thence North 69 degrees 06 minutes 46 seconds West a distance of 11.23 feet;thence South 21 degrees 18 minutes 59 seconds West a distance of 158.71 feet; thence South 62 degrees 23 minutes 05 seconds East a distance of 19.20 feet to said southeasterly line; thence South 27 degrees 36 minutes 57 seconds West, along said southeasterly line, a distance of 20.00 feet to the point of beginning. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Minnesota. Signed this 8th day of October,2018 For: James R.Hill,Inc. By: Ma us r.Hampton,Land icense No.47481 N _0 �� rnHill, James R. Inc. n ` C_ o D < o O D ^' o m o cn 0. T N = z PLANNERS/ENGINEERS/SURVEYORS O T o z a N s m C/) o� W 2500 WEST C.R.42,SUITE 120,BURNSVILLE,MN 55337 n PHONE:952.890.6044 www.jrhinc.com SKETCH & DESCRIPTION FOR: KRB DEVELOPMENT, LLC J c � ` Q l u O /J F, o �\ ) � q < o F N6 o �\ MOST 00;,4 pT N —1 DRAINAGE& 27 � W 0 L _ J UTILITY EASEMENT Scale: 1"=50' d Page 2 of 2 James R. Hill, Inc. EXHIBIT B Utility Plan LEGEND to - - -I----- - ---- EXISTING WATERMAIN � og � EXISTING SANITARY SEWER < --- ---< ® EXISTING STORM SEWER W �n DIP EXISTING OVERHEAD POWER LINE c Z a 3;E EXISTING LIGHT POLE = ::E STING TELEPHONE PEDESTAL V) EXIof ■ ® EXISTING TV PEDESTAL = �' -- EXISTING CURB &GUTTER ` EXISTING FENCE Cn m rn EXISTING RETAINING WALL ■ ck� _w EXISTING ASPHALT Z EXISTING CONCRETE k Z n a EXISTING GRAVEL W i,//� o (D 0 PROPOSED WATERMAIN cl� II� ►� • PROPOSED SANITARY SEWER W PROPOSED STORM SEWER Cc Z 3 PROPOSED CURB & GUTTER ¢ o0 0 PROPOSED CONCRETE JERAL UTILITY CONSTRUCTION NOTES: PECIFICATIONSTHE WORK SHALL BE DONE IN ACCORDANCE WITH THE '4TEST EDITION OF THE CITY OF PRIOR LAKE, AN GENERAL PE C IFICATIONS AND STANDARD DETAIL PLATES FOR STREET AND UTILITY ONSTRUCLON. _ MISTING FACILI TIES IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY 10 ETERMINE THE LOCATION OF ALL EXISTING UTILITIES BEFORE STARTING ONSTRUCTION.THIS INCLUDES,BUT IS NOT LIMITED TO SANITARY AND .ORM SEWER,WATERMAIN,NATURAL GAS,ELECTRIC,TELEPHONE AND ABLE TELEVISION SERVICES. HE CONTRACTOR SHALL NOTIFY THE ENGINEER OF ANY CONFLICT o TEMP.FIRE/6-C V.�ETWEEN THE EXISTING UTILITIES AND THE PROPOSED CONSTRUCTION. _ N 8�GV. E TE ENGINEER IN COOPERATION WITH THE UTILITY COMPANIES,SHALL z 10 LF-15"RCP CL 5 O 1.00[--ETERMINE THE NECESSITY FOR ANY RELOCATION OF THESE FACILITIES. - - z 15-PLUG m i INV 928.96 HE CONTRACTOR SHALL PROTECT ALL EXISTING UTILITIES AND FACILITIES - THAT THEY WILL CONTINUE TO FUNCTION IN THEIR PROPER MANNER "TH DURING CONSTRUCTION AND IN THE FUTURE.ANY SUPPORTING °I RIFRUCTURE THAT MAY BE REQUIRED BECAUSE OF THE CONTRACTOR'S -°E.s m INV 15ERATION SHALL BE PROVIDED BY THE CONTRACTOR. INV 15'928 INSTALL.STORM STRUCTURIE CONTRACTOR SHALL BRING TO THE ATTENTION OF THE ENGINEER ANY )NDITIONS SUCH AS SAND IN MANHOLES OR VALVE BOXES EXISTING 3108 TO THE CONTRACTOR'S EXCAVATION.ONCE EXCAVATION HAS _ 8'PLUG 9M22.38 IT WILL BE ASSUMED THAT ALL DAMAGE TO UNDERGROUND - INV 922.38 TITTLES HAS BEEN CAUSED BY THE CONTRACTOR'S OPERATIONS AND IT '.LL BE HIS RESPONSIBILITY TO MAKE THE NECESSARY REPAIRS. 26 LF- F IDR 35:iN TRACTOR RES,_L. pILLTTF$;_ N iE TGR SHALL MAKE HIS OWN ARRANGEMENTS FOR RECEIVING ATER FROM PUBLIC OR PRIVATE SOURCES AND SECURE NECESSARY EMITS AND PAY REGULAR CHARGES. ALL CITY WATER SHALL BE W ETERED.DISPOSAL OF ANY WASTEWATER OR ANY TEST WATER INTO ME � f TY SANITARY SEWER SYSTEM IS SUBJECT TO CITY CHARGE, GNTRACTORS ARE NOT TO OPERATE GATE VALVES OR HYDRANTS ON W TY WATER SUPPLY. J 1E CITY ENGINEER AND THE ENGINEER SHALL BE NOTIFIED 48 HOURS 210R TO COMMENCING WORK.CONTRACTORS SHALL BE SUBJECT TO SHUT 'TWN IF PROPER NOTIFICATION IS NOT GIVEN TO THE ENGINEER. Ey w I� a STREETS THAT ARE UTILIZED FOR INGRESS TO OR EGRESS FROM THE 0 f-L Q JNSTRUCTISITE SHALL T KEPT FREE OF DIRT AND OTHER DEBRIS SUITING FROM SAID CONSTRUCTION.COST FOR THIS SHALL BE Z A o JN SIDERED INCIDENTAL TO THE CONTRACT. Z W ^^ 1E CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN ADEQUATE STORM m W Ai AIN AGE PROTECTION OF THE SITE IN ORDER TO PREVENT EROSION AND �L TING Of ON-SITE AND OFF-SITE AREAS.THIS SHALI BE ACCOMPLISHED 3/PLACEMENT OF HAV BALES OR FILTER FABRIC FENCE AROUND THE O J N �-R `PAINAGE INLETS AND OUTLETS AND BY CONSTRUCTION OF DITCHES,MS,DEBRIS BASINS,FILTER FABRIC FENCING AND BY ANY OTHER4-SITE PROTECTION AS DETERMINED BY THE ENGINEER.UNLESSO= > 'ECIHCALLY CALLED OUT AS A BID ITEM ON THE BID FORM,ANY W d E W w oo _MPORARY DITCHING,CULVERTS, HAY BALES.AND FILTER FABRIC FENCE CESSARY TO ACCOMPLISH THIS SHALL BE AT THE CONTRACTOR'S rN O (DENSE. W w IS THE RESPONSIBILITY OF THE CONTRACTOR TO PROTECT AND LEAVE („) Q J DISTURBED TH05E MARKERS OR MONUMENTS SET FOR THE SUBDIVISION LAND. r, Q F�-JI O /SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO UTILIZE THE V ;OPHER STATE ONE CALL"EXCAVATION NOTICE SYSTEM AS REQUIRED o JDER MINNESOTA STATUTE CHAPTER 2161, 48 HOURS PRIOR TO 0 ITFORMING ANY EXCAVATION(DIAL 811,OR PHONE 651-454-0002 IN W n TWIN CITIES METRO AREA OR TOLL FREE 1-800-242-1166). a 2MPACTION-. DENSITY TESTS SHALL BE TAKEN ON ALL TRENCHES WITHIN IE STREET CROSS SECTION AND THE PAD AREAS TO EVALUATE THE - MPACTION ACHIEVED DURING UTILITY CONSTRUCTION,WITHIN THE UPPER DRAWN BY G FEET OF STREET SUBGRADE THE CONTRACTOR SHALL INSURE THAT ALL TILS BE NOT MORE THAN ONE PERCENTAGE POINT OVER THE SOIL'S EPF "ANDARD PROCTOR OPTIMUM MOISTURE CONTENT,AND THAT COMPACTION A MINIMUM OF 1009 OF STANDARD PROCTOR DENSITY(AASHTO T-99) DATE PROVIDED. WITHIN UTIUTY TRENCHES IN OPEN SPACE AREAS(PAD ZEAS)AND AREAS BELOW THE UPPER 3 FEET OF STREET SUBGRADE, 07/20/18 u, IE CONTRACTOR SHALL INSURE THAT ALL SOILS BE NOT MORE THAN TREE PERCENTAGE POINTS OVER THE SOIL'S STANDARD PROCTOR U REVISIONS'TIMUM MOISTURE CONTENT, AND THAT COMPACTIDN TO A MINIMUM OF U 7.DF STANDARD PROCTOR DENSITY BE PROVIDED.THE SURFACE OF ALL Q ILITY TRENCHES SHALL BE FINISHED GRADED TO THE ELEVATIONS AS 09/18/18 CITY COMMENTS U) AKED BY THE ENGINEER 10 WTHN A TOLERANCE OF}0.3'IN OPEN Z ^. FACE AREAS AND t 0.1-WITHIN 5 IR EET RIGHT OF WAYS-THE DENSITY 10/08/18 CITY COMMENTS 4 LL BE TESTED BY AN APPROVED TESTING LABORATORY AN APPROVED a yL (2)8.45'BENDS STING METHOD WHICH UTILIZES A NUCLEAR DENSITY METER MAY BE ;ED FOR THE DENSITY TESTS. THE LOCATION OF THE TESTS WILL BE AT < L DIRECTION OF THE ENGINEER_ - E OWNER SHALL BEAR ALL COSTS OF THE TESTING.FAILURE TO MEET OL \ d ^ E COMPACTION REQUIREMENTS OUTLINED IN THIS SECTION SHALL BE u, \aiF 0 \ \ \ RRECTED Al THE CONTRACTOR'S EXPENSE ALL COSTS FOR ANY � -TESTING ASSOCIATED WITH ANY CORRECTIVE WORK SHALL BE AT THE M\ \ DENSE OF THE CONTRACTOR. I L DIP WATERMAIN TO BE INSTALLED WITH B_0'MINIMUM COVER. ON L 8"&6"WATERMAIN TO BE CONSTRUCTED OF DIP CL 52. \ M �\ NITARY SEWER PIPE TYPE&CLASS AS FOLLOWS: CAD FILE 0'-18'DEEP = PVC SDR 35 18'- 28'DEEP - PVC SDR 26 23051-00 U 28- 32'DEEP = PVC SDR 18,AWWA 1-900 -V \ \ ate\ a 32'+DEEP = POLYBOND LINED DIP, ASTM A746 PROJECT NO. n 23051-00 sl CITY PROJECT NUMBER - DEV18-000028 C3.0 EXHIBIT C MONITORING AND MAINTENANCE PLAN Monitoring Activities-Sanitary Sewer Facilities Inspection Activity Recommended Outcomes/Actions Inspection Frequency 1 . Visual inspection for Every 6 months Notify maintenance leaks staff/Property Manager of need to repair 2 . Inspect sanitary Every 6 months Notify maintenance manholes staff/Property Manager of any observed structural damage 3 . Inspect ground surface Every 6 months Notify maintenance above and adjacent to staff/Property Manager the structures for of the presence of sinkholes or other sinkholes unusual depression areas, Maintenance Activities-Sanitary Sewer Facilities Maintenance Frequency Procedure Maintenance by Activity 1 . Repair leaks As needed per Isolate source Property owner or inspection of leak and designated repair contractor and notify City Sewer Department 2 . Structural As needed per Repair as Property owner or components inspection needed designated contractor and notify City Sewer Department 3 . Cleaning of As needed per Remove Property owner or sewer piping inspection accumulated designated sediment contractor and through access, notify City Sewer preferably Department vacuum.