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HomeMy WebLinkAbout05(D) - Approval of the Downtown South- Memorandum of Agreement with PLSLWD Report 1 MEMORANDUM of AGREEMENT Prior Lake-Spring Lake Watershed District and City of Prior Lake Stormwater Volume Management for Fish Point Road Reconstruction and Prior Lake Downtown South Roadway Reconstruction Projects (PLSLWD Permit Nos. 21.01, 22.01) This Memorandum of Agreement (MOA) is entered into by the Prior Lake-Spring Lake Watershed District, a Minnesota political subdivision with purposes and powers set forth at Minnesota Statutes chapters 103B and 103D (PLSLWD) and the City of Prior Lake, a Minnesota municipal corporation ("Prior Lake") (together, the "Parties"). A. For the protection of water resources within its boundaries, pursuant to Minnesota Statutes §§103D.341 and 103D.345, the PLSLWD has adopted and implements rules requiring permits for land disturbing activities. The rules require, among other things, that the permittee provide for and maintain stormwater volume management practices to prevent impact from increased stormwater volume resulting from hard surface contruction. B. Prior Lake has received PLSLWD permits for the Fish Point Road Reconstruction Project (Permit No. 21.01) and the Prior Lake Downtown South Roadway Reconstruction Project (Permit No. 22.01). In each case, Prior Lake has determined, and the PLSLWD has concurred, that volume management practices could not feasibly be incorporated into the work, and Prior Lake has assumed the obliigation to provide such practices independently. C. On March 1, 2021, the Parties entered into a memorandum of agreement by which Prior Lake committed to provide volume management practices associated with Permit No. 21.01 ("Fish Point MOA"). Its outstanding obligation under the Fish Point MOA is to provide 1,905 cubic feet of volume management. On March 8, 2022, the PLSLWD Board of Managers approved Permit No. 22.01, conditioned on the Parties' entering into a new, superseding memorandum of agreement by which Prior Lake would provide for the 1,905 cubic feet of stormwater volume associated with Permit No. 21.01 and an additional 8,554 cubic feet of stormwater volume associated with Permit No. 22.01. This MOA is for the purpose of fulfilling this condition of Permit No. 22.01. WHEREFORE the Parties agree as follows, intending to be legally bound: 1. Within 24 months from the effective date of this MOA, at its cost, Prior Lake will provide for one or more volume management practices affording a total of 10,459 cubic feet of stormwater volume management to be substantially complete and functional. Prior Lake will complete the practice or practices promptly thereafter. The practice or practices will: a. Capture stormwater within the direct drainage area to Prior Lake-Spring Lake. b. Provide for stormwater abstraction, or otherwise supply excess volume conforming to the volume conversion factor set forth in the current PLSLWD stormwater management rule. 2 c. Conform to sound engineering design principles and, specifically, to design and freeboard requirements set forth in the current PLSLWD stormwater management rule. d. Be sited so that Prior Lake, by fee interest or easement of record, has perpetual access for inspection and maintenance staging. The "current" rule, as used here, means the rule in effect at the time Prior Lake completes the 60 percent design. 2. With respect to each practice, Prior Lake will supply the PLSLWD with the feasibility assessment, 60 percent design and 90 percent design for the review and concurrence of the PLSLWD Administrator at each stage. Within three months after a practice is substantially complete, Prior Lake will provide to the PLSLWD record drawings prepared by a professional engineer. 3. Prior Lake will maintain the practice in perpetuity in accordance with the inspection and maintenance requirements of Prior Lake's NPDES MS4 permit. The PLSLWD may enforce those requirements with respect to the practice or practices subject to this MOA. 4. Prior Lake may be credited for any volume resulting from the practice or practices installed or constructed under this MOA that exceeds the volume required by this MOA. The amount to be credited will be as determined by the PLSLWD on the basis of the submitted record drawings. Credit use will be as the PLSLWD stormwater rule provides at the time that Prior Lake seeks to use the credit. 5. If Prior Lake has not met its obligation under paragraph 1, above, it will, or at any time before the indicated deadline it may, in place of that obligation pay into the stormwater impact fund maintained by the PLSLWD under its stormwater rule, in the amount specified by the schedule in place at the time of payment. 6. PLSLWD concurrence in the design of a practice under this MOA is solely for the purpose of determining, in its judgment and discretion, that the practice will allow Prior Lake to meet the requirements of the PLSLWD rule. In performing this role, the PLSLWD makes no representation or warranty to Prior Lake or any third party as to the adequacy or fitness of the design. Nothing in this agreement waives or limits any immunity, defense or liability limit that Prior Lake or the PLSLWD enjoys as a matter of law, with respect to the other party and any third party. 7. The effective date of this MOA is the date is was signed by the Parties. The MOA terminates when the PLSLWD has confirmed, in writing, the volume provided by Prior Lake to meet paragraph 1, above, and any volume credit under paragraph 4, or when Prior Lake has made payment under paragraph 5. Paragraphs 3, 4 and 6 will survive termination. The Fish Point MOA hereby is superseded and no longer of effect. 8. The above recitals are incorporated into this MOA, which incorporates and supersedes all prior negotiations, representations or agreements between the Parties, oral or written, concerning Prior Lake's obligation to provide volume management practices under Permit Nos. 21.01 and 22.01. 3 IN WITNESS THEREOF, the Parties, intending to be legally bound, have caused this Agreement to be executed by their duly authorized officials. PRIOR LAKE-SPRING LAKE WATERSHED DISTRICT Mike Myser, Board President Date CITY OF PRIOR LAKE Kirt Briggs, Mayor Date