HomeMy WebLinkAbout2015-06-03 PACKET 04.B. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 6/3/15 ,�
r
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Consider approving the Encroachment Agreement and Stormwater Management Agreement
with Werner Electric, Inc.
STAFF RECOMMENDATION:
Approve the request.
BUDGET IMPLICATION: $N/A $N/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
DATE REVIEWED APPROVED DENIED
❑ PLANNING ❑ ❑ ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ �
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Jennifer Levitt dated 5/27/15
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Encroachment Agreement; Stormwater Management Agreement
ADMINISTRATOR'S COMMENTS:
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�����'�f��
City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
Grove
�herQ Pride and pr°�perity Meet
To: Honorable Mayor and City Council
Craig Woolery, Acting City Administrator
From: Jennifer M. Levitt, P.E., City Engineer
Date: May 27, 2015
Re: Approve Werner Electric Encroachment and Stormwater Management Agreements
Backqround/Discussion
As part of their expansion project, the City has been working with Werner Electric to finalize
two agreements. These include an encroachment agreement related to the trunk sanitary
sewer that runs through the site and a stormwater management agreement related to inspec-
tion and maintenance of onsite structural stormwater facilities.
Currently there is an 18-inch trunk sanitary sewer line that runs through the Werner Electric
property and is encompassed by a drainage and utility easement. As part of the expansion
project, portions of the driveway and parking areas will be located within this drainage and
utility easement. The encroachment agreement will put all costs related to removal and re-
placement of these driveway and parking facilities on Werner Electric in the event that mainte-
nance of the sanitary sewer line is required in the encroachment area.
The Stormwater Management Agreement is being put in place to meet requirements set in the
City's Municipal Separate Storm Sewer (MS4) Permit with the MPCA. The new MS4 Permit
requires that municipalities monitor the inspection and maintenance of private structural
stormwater facilities, including infiltration basins, stormwater retention ponds, and sump catch
basins. This requirement applies only to facilities that are constructed after the date the permit
was approved, which was August 1, 2013. If private entities do not maintain their structural
stormwater facilities, the City will be required to conduct the maintenance and assess the
associated costs to the owner. This agreement requires Werner Electric to conduct an annual
inspection of their structural stormwater facilities and provide the inspection results to the City.
If they fail to conduct this annual inspection, the City will have the right to conduct the inspec-
tion. Also, if required maintenance is not completed, this agreement states that the City will
conduct the maintenance and assess the costs to the owner.
Recommendation
It is recommended the City Council approve the Encroachment Agreement and Stormwater
Management Agreement with Werner Electric, Inc.
AGREEMENT RELATING TO LANDOWNER
IMPROVEMENTS ON
7450 95"' STREET SOUTH
IN THE CITY OF COTTAGE GROVE,
WASHINGTON COUNTY,MCNNESOTA
THIS AGREEMENT (Agreement) is made, entered into and effective this day of
, 2015, by and among the City of Cottage Grove, a Minnesota municipal corporation
("City") and WER DIS, LLC, a Minnesota limited liability company ("Landowner"). Subject to
the terms and conditions hereafter stated and based on the representations,warranties, covenants,
agreements and recitals of the parties herein contained,the parties do hereby agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall
have the following meanings as set forth below.
1.2 C� "City" means the City of Cottage Grove, a Minnesota municipal
corporation.
1.3 Landowner. "Landowner" means WER DIS, LLC, a Minnesota limited liability
company, 850 32°d Ave. SW, Cedar Rapids, IA 52404, and its assigns and successors in interest
with respect to the Subject Lot.
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� 1.4 Resbonsible Owner. "Responsible Owner" means, jointly and severally, each
and all of the following: WER DIS, LLC, a Minnesota limited liability company, 850 32nd Ave.
SW, Cedar Rapids, IA 52404.
1.5 Encroachment Prop�ertv. "Encroachment Property" means the following real
property located at 7450 95�' Street South in the City of Cottage Grove, Washington County,
Minnesota, legally described on Exhibit A, attached hereto and incorporated herein.
1.6 Citv Easement. "City Easement"means,the following easement:
30 foot drainage & utility easement per the Hamlet Park South plat, attached
hereto and incorporated herein as Exhibit B.
1.7 Landowner Improvements. "Landowner Tmprovements" means Landowner's
building expansion, driveway and parking lot improvements on Encroachment Property, as
shown on the Construction Plan.
1.8 Citv Easement Improvements. "City Improvements" means the City's utilities
located within the City Easement.
1.9 Constrnction Plan. "Construction Plan" means the Site Plan, updated April� 6,
2015, prepared by L;ampert Architects, P.A., relating to Landowner Improvements, attached
hereto and incorporated herein as Exhibit C.
1.10 Utilitv Costs. "Utility Costs" means all costs incurred by the City, (whether
performed by the City or its agents or contractors), for the inspection of and access to and repair,
maintenance and replacement of the City's Easement Improvements located in the City
Easement and the placement of additional City Easement Improvements in the City Easement.
Utility Costs, include, without limitation: excavation costs, labor costs, costs of removing fill,
costs of re-burying the City Easement Improvements, re-compacting the soils over the City
Easement Improvements, restoring the City Easement area, and all engineering and attorneys'
fees incurred in connection therewith. Utility Costs also include the costs of temporarily
removing the Landowner Improvements and subsequently replacing the Landowner
Improvements in the City Easement, if such costs have not already been paid by the Responsible
Owner.
1.11 Pre-Encroachment Costs. "Pre-Encroachment Costs" means a reasonable
estirnate by the City of the costs the City would have�incurred for Utility Costs if the Landowner
Improvements did not exist.
1.12 Cost Differential. "Cost Differential" means the difference between the Pre-
Encroachment Costs and the Utility Costs in light of the existence of the Landowner
Improvements. The City's determination of the amount of the Cost Differential shall be binding
on the Responsible Owner. The City's determination shall be appropriately supported by cost
estimates obtained from independent contractors or engineers.
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ARTICLE 2
RECITALS
2.1 Landowner owns the Encroachment Property.
2.2 The Encroachment Property is being developed with a building expansion,
parking lot expansion,utility improvements, and a driveway.
2.3 The City Easement lies within the Encroachment Property.
2.4 Landowner wants to locate the Landowner .Improvements within the City
Easement.
' 2.5 Subject to the terms of this Agreement,the City is willing to allow the Landowner
Improvements to be placed within the City Easement if the following conditions are met:
(a) The Responsible Owner maintairis the Landowner Improvements.
(b) The Responsible Owner agrees to pay the City any Cost Differential relating to
inspections, access, repair, maintenance and replacement of City Easement
Improvements and the placement of any additional City Easement Improvements
in the City Easement.
(c) The Responsible Owner agrees to temporarily remove the Landowner
Improvements in the event the City has need to access the area where the
Landowner Improvements exist in order for the City to inspect, repair, maintain,
and replace the City Easement Improvements or construct additional City
Easement Improvements in the City Easement.
2.6 Because Landowner currently owns all the Encroachment Property, Landowner is
currently the only Responsible Owner.
ARTICLE 3
AGREEMENTS
3.1 . Construction and Maintenance of Landowner Improvements. Under the
terms and conditions stated herein, Landowner, at its own cost, is hereby authorized by the City
to make the Landownex Improvements in the City Easement. The Landowner Improvements
shall only be placed at the locations specified in the Construction Plan. The Landowner
Improvements must be constructed according to the Construction Plan.
Landowner and the Responsible Owner shall not place any other structures, retaining
walls, irrigation systems, buildings, fences, landscaping, trees or shrubs in the City Easement,
except for the Landowner Improvements,without the City's written consent.
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After construction, the Responsible Owner, at its own expense, shall maintain and repair
the Landowner Improvements.
3.2 City Not Resuonsible for Landowner Improvements. Nothing contained
herein shall be deemed an assumption by the City of any responsibility for construction,
maintenance,replacement or repair of the Landowner Improvements.
3.3 Continuin�Ri�ht to Citv Easement. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Easement.
3.4 Subordinate Position of Landowner Imnrovements. The Landowner
Improvements are subordinate to the rights of the City in the City Easement and in the City
Easement Improvements. .
3.5 Risk of Loss. Landowner and the Responsible Owner understand and agree that
the Landowner Improvements within the�City Easement may be adversely affected by damage
caused to Landowner Improvements arising out of the City's use of the City Easement. The
parties agree that the City is not responsible for such events; the City shall have no liability to
Landowner or the Responsible Owner for such events. Landowner and the Responsible Owner
assume the risk of installing the Landowner Improvements in an area where the City Easement
Improvements exist.
3.6 Landowner to Bear Cost of Relocatin� Landowner Improvements. The City
is responsible for the repair and maintenance of the City Easement Improvements in the City
Easement.
The City may require the Responsible Owner at the expense of the Responsible Owner to
temporarily remove and subsequently replace the Landowner Improvements in the City
Easement in order for the City to gain access to the City Easement Improvements for the
purpose of inspecting, repairing, maintaining, or replacing the City Improvements or
adding future City Easement Improvements.
If the Responsible Owner does not perform such tasks, the City may perform such tasks
and in such case the Responsible Owner shall reimburse the City for the City's costs and
expenses. Prior to commencing such tasks, the City shall send a notice to the
Responsible Owner and allow the Responsible Owner twenty (20) days from the date of
the written notice to perform the tasks. If the Responsible Owner has not completed the
work within the twenty(20) days, then the City may proceed to perform the tasks. Once
the City's costs and expenses have been determined by the City, the City shall send an
invoice for such costs and expenses to the Responsible Owner. The Responsible Owner
must pay the invoice within thirty(30) days after the date of the invoice. Such costs and
expenses include, but are not limited to, costs charged the City by third parties such as
contractors as well as the costs for City personnel that may have performed the work.
Bills not paid shall incur the standard penalty and interest established by the City for
4
utility billings within the City. The charges shall be divided equally among the
Encroachment Property.
3.7 Emeraency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day written notice to the Responsible Owner to perform its obligations under
Sections 3.6, the City shall not be requ�red to give such notice if the City's engineer determines
that an emergency exists. In such instance, the City, without giving notice to the Responsible
Owner may perform the work and in such case the Responsible Owner shall reimburse the City
for the costs and expenses relating to the work. Once the City's costs and expenses have been
deternuned by the City, the City shall send an invoice for such costs and expenses to the
Responsible Owner. The Responsible Owner must pay the invoice within thirty (30) days after
the date of the invoice. Such costs and expenses include,but are not limited to, costs charged the
City by third parties such as contractors as well as the costs for City personnel that may have
performed the work. Bills not paid shall incur the standard penalty and interest established by
the City for utiliiy bills within the City. The charges shall be divided equally among the
Encroachment Property.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or
inspection, maintenance,repair or replacement of the City Easement Improvements or relating to
construction of new City Easement Improvements in the future, then the Responsible Owner
shall pay the Cost Deferential to the City. The Responsible Owner must make payment for the
Cost Deferential within 30 days after the City has sent a written invoice for the Cost Deferential
to the Responsible Owner.
3.9 Remedies. If the Responsible Owner fails to perform its obligations under this
Agreement, then the City may avail itself of any remedy afforded by law or in equity and any of
the following non-exclusive remedies:
(a) The City may specifically enforce tlus Agreement.
� (b) If Responsible Owner fails to make payments under Section 3.6, 3.7 or 3.8, then
the City may certify to Washington County the amounts due as payable with the
real estate taxes for the Encroachment Property in the next calendar year; such
certifications may be made under Minnesota Statutes, Chapter 444 in a manner
similar to certifications for unpaid utility bills. ' The charges shall be evenly
allocated among the Encroachment Property. The Responsible Owner waives any
and all procedural and substantive objections to the imposition of such usual and
customary charges on the Encroachment Property.
Further, as an alternate means of collection, if the vvritten billing is not paid by the
Responsible Owner, the City, without notice and without hearing, may specially
assess the Encroachment Property for the costs and expenses incurred by the City.
The Responsible Owner hereby waives any and all procedural and substantive
objections to special assessments for the costs including, but not limited to, notice
and hearing requirements and any claims that the charges or special assessments
exceed the benefit to the Encroachment Property. The Responsible Owner waives
5 �
any appeal rights otherwise available pursuant to Minnesota Statute � 429.081.
The Responsible Owner acknowledges that the benefit frorn the performance of
, tasks by the City equals or exceeds the amount of the charges and assessments for
the costs that are being imposed hereunder upon the Encroachment Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by staiute. No delay
or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be constnxed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be
deemed expedient.
3.10 Indemnification. The Responsible Owner shall indemnify, defend and hold the
City, its council, agents, consultants, attorneys, employees and representatives harmless against
and in respect of any and all claims, demands, actions, suits,proceedings, 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 of
the following:
(a) The Landowner Improvements;
(b) Installation and maintenance of the Landowners Improvements;
(c) Failure by the Responsible Owner to observe or perform any covenant, condition,
obligation or agreement on their part to be observed or performed under this
Agreement; and
(d) Use of the City Easement for Landowner Improvements.
3.11 Citv Duties. Nothing contained in this Agreernent shall be considered an
affirmative duty upon the City to perform the Responsible Owner's obligations contained in
Article 3 if the Responsible Owner does not perform such obligations.
3.12 No Third Partv Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.13 Recordina. The Responsible Owner shall record this Agreement with the
Washington County Recorder against the Encroachment Property and within 30 days after the
date of this Agreement, the Responsible Owner shall present evidence to the City that this
Agreement has been recorded.
3.14 Bindina A�reement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Encroachment Property and shall be
6
binding upon the heirs, successors, administrators and assigns of the parties. The obligations of
the Responsible Owner contained in this Agreement are joint and several.
3.15. 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 and 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.
3.16 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.17 Counternarts. 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.
3.18� Headin�s. The subject headings of the sections this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.
[The remainder of this page has been intentionally left blank.]
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IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.
CITY OF COTTAGE GROVE
Myron Bailey, Mayor
Joseph Fischbach, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _ day of , 2015, before me a Notary Public within
and for said County, personally appeared Myron Bailey and Joseph Fischbach, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
Clerk of the City of Cottage Grove, the municipality named in the foregoing instru�ment, and that
the seal affixed to said instniment was signed and sealed in behalf of said municipality by
authority of its City Council and said Mayor and Clerk acicnowledged said instrument to be the
free act and deed of said municipality.
Notary Public
8
WER DIS,LLC
� � � �
��
Signa`fur�e� �
Benjamin Granley,President
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this �J��'day of Gt,L , 2015, before me a Notary Public
within and for said County, personall appeared Benjamin Granley, the President of WER DIS,
LLC, to me personally known, who being by me duly sworn, did say that he is the President of
WER DIS, LLC, the company named in the foregoing instrument, and that it was signed and
sealed on behalf of said company and acknowledged said instrument is the free act and deed of
said company.
�•�• Notary Public
>,Y;�.. �cn�LEEN rJ.��������Y
,;�.
��� NotatyPublic-M�r:nesota
�_+� �/QDII�l�Mbll E��m� ';.n 31�2D18
. .,�M
After Recording,Please Return This
This Instrament Was Drafted By: Instrnment To:
Korine L. Land Korine L.Land
LeVander,Gillen&Miller,P.A. LeVander,Gillen&Miller,P.A.
633 South Concord Street � 633 South Concord Street
Suite 400 Suite 400
South St.Paul,MN 55075 South St.Paul,MN 55075
(651)451-1831 , (651)451-1831
9
EXHIBIT A
Legal Description for
7450 95�"Street South, Cottage Grove,MN
Real Property located in the County of Washington, State of Minnesota, legally described as:
That part of the Northwest Quarter of Section 20, Township 27, Range 21, Washington Couniy,
Minnesota, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of said Section 20; thence North
00 degrees 07 minutes 30 seconds East, assumed bearing along the East line of said Northwest
Quarter, 40.00 feet, to the point of beginning, thence continuing North 00 degrees 07 minutes 30
seconds East, 1263.00 feet; thence North 90 degrees 00 minutes 00 seconds West 820.05 feet;
thence South 00 degrees 07 minutes 30 seconds West, 591.24 feet; thence South 39 degrees 42
minutes 41 seconds East, 436.89 feet; thence South 24 degrees 00 minutes 42 seconds East,
181.43 feet; thence South 00 degrees 11 minutes 40 seconds East 171.55 feet; thence North 89
degrees 48 rrunutes 10 seconds East 465.03 feet to the point of beguuung, according to the
United States Government Survey thereof and situate in Waslungton County, Minnesota,
together with the appurtenant easement contained in Document No. 3665902.
PID: 2002721240034
Abstract Property
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_—'__'_— __'_—'_r ' ' _ _ _ — _ _ —PROPOSED _ _ _ _ _� �
Exhibit C � _ "°°'n°"
15.333 SF _ _ _ _ _ ( �
Werner Elecfric Encroachment Agreement � �`�*°� ' � � t� I�
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D R 9TnwWS � / • SOlml YYLS AT S1q1Ati I
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`�� �:a1 Encroachment Areas � '""'°f�1L9ON r"�' �', � � � � , ���p E R r'
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ProJect Na 1f12i6-2
. � S
(Reserved for Recording Data) �
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this day of , 20_, by and between
the CITY OF COTTAGE GROVE, a Minnesota municipal corporation (hereinafter referred to as
the "City") and WER DIS, LLC, a Minnesota Limited Liability Company, (hereinafter referred to
as the"Developer").
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Cottage Grove, County of Washington, State of Minnesota legally described on the attached
Exhibit"A".
(hereinafter referred to as the "Subject Property") which the Developer has obtained the
approval of the City for the development thereof; and
WHEREAS, 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, filtration facilities, sump structures, etc.)which are
located OUTSIDE the public road right-of-way(ROW).
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 Subject Property as shown on Exhibit "B" attached hereto, as the same is
described and depicted in those certain construction plans drawn by Plowe Engineering, Inc.
("Plans").
WHEREAS, the City and Developer desire to set forth their understanding with respect
to the construction, repair and maintenance of the Filtration Basins and sump structures and the
responsibility relating to the costs of the repair and maintenance of the Filtration Basins and
sump structures.
103916 j
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 Manaaement Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the Plans
and repair and maintain the Stormwater Management Facilities at its sole cost and expense.
Maintenance of the Stormwater Management Facilities shall mean (i) monthly inspections of the
Filtration Basins and sump structures and, if necessary, removal of all litter, debris, sediment,
and replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy
functioning plantlife therein; and (ii) an annual inspection, and certification, by a qualified
individual or company acceptable to the City that the Filtration Basins and sump structures are
functioning in accordance with the approved plans and have maintained the proper operation of
the stormwater treatment as a Filtration Basins or sump structure according to the City
Standards. If, as a result of an inspection by a qualified individual or company acceptable to the
City or City staff, it is determined that the Filtration Basins or sump structures (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 Filtration Basins or sump structure so that it
functions as it was designed and intended. The Developer further agrees that they will not use
the Filtration Basins for snow storage and will inform its snow removal contractors of this
provision of the Agreement.
Subject to Section 4 below, Developer shall be solely responsible for the repair and
maintenance of the Filtration Basins and sump structures and shall provide a copy of the
required annual inspection report of the onsite Stormwater Management Facilities to the City. If
the required annual inspection report is not submitted to the City by September 30th of each
year, the Developer shall provide the City with the right to enter onto the property to conduct the
annual inspection.
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. 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 Subject 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.
3. Future Citv Policv. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and maintenance by
the City of stormwater ponds owned by private parties located elsewhere in the City under
which policy the costs of such repair and maintenance are to be paid either out of general City
revenues or by collection of utility or service fees or charges, then any owner of any portion of
the Subject Property shall be entitled to petition the City for the inclusion of the Filtration Basins
under such repair and maintenance program. The recording of a certified copy of the
Resolution of the City Council of the City which sets forth the consent and authorization
described in the foregoing sentence shall serve to terminate this Agreement, without further
action on the part of any party hereto.
103916 ?
, ,
4. Changes to Site Confiauration or Stormwater Manaaement 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 Subject Property. The
terms and conditions of this Agreement shall be binding upon, and shall insure to the benefit of,
the parties hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
103916 3
CITY OF COTTAGE GROVE
BY:
Myron Bailey, Mayor
(SEAL)
BY:
Jennifer Levitt, City Engineer
STATE OF MINNESOTA )
� ) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this th day of ,
20_, by Myron Bailey and by Jennifer Levitt, the Mayor and City Engineer of the City of
Cottage Grove, a Minnesota municipal corporation, on behalf of the corporation and pursuant to
the authority granted by its City Council.
. NOTARY PUBLIC
1OS916 4
DEVELOPER:
�—_
� �
'��
1 � ,
Signatl�r � `�,,
Benjamin Granley, President
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this ��`'day of � , 2015, before me a Notary Public
within and for said County, personall appeared Benjamin Granley, the President of WER DIS,
LLC, to me personally known, who being by me duly sworn, did say that he is the President of
WER DIS, LLC, the company named in the foregoing instrument, and that it was signed and
sealed on behalf of said company and acknowledged said instrument is the free act and deed of
said company.
KATHLEEN N.WOQLERY Notary Pubiic
Nomry Pubuc�A�nnes� -
MycommisaoR E�..,�n�t��o1a
AFTER RECORDING PLEASE RETURN
DRAFTED BY: THIS INSTRUMENT TO:
COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF COTTAGE GROVE CITY OF COTTAGE GROVE
12800 Ravine Parkway South 12800 Ravine Parkway South
Cottage Grove, MN 55016 Cottage Grove, MN 55016
Telephone:(651)458-2800 Telephone:(651)458-2800
�os9i6 5
EXHIBIT A
Legal Description for
7450 95t'' Street South, Cottage Grove, MN
Real Property located in the County of Washington, State of Minnesota, legally described as:
That part of the Northwest Quarter of Section 20, Township 27, Range 21, Washington County,
Minnesota, described as follows:
Commencing at the Southeast corner of the Northwest Quarter of said Section 20; thence North
00 degrees 07 minutes 30 seconds East, assumed bearing along the East line of said
Northwest Quarter, 40.00 feet, to the point of beginning; thence continuing North 00 degrees 07
minutes 30 seconds East, 1263.00 feet; thence North 90 degrees 00 minutes 00 seconds West
820.05 feet; thence South 00 degrees 07 minutes 30 seconds West, 591.24 feet; thence South
39 degrees 42 minute"s 41 seconds East, 436.89 feet; thence South 24 degrees 00 minutes 42
seconds East, 181.43 feet; thence South 00 degrees 11 minutes 40 seconds East 171.55 feet;
thence North 89 degrees 48 minutes 10 seconds East 465.03 feet to the point of beginning,
according to the United States Government Survey thereof and situate in Washington County,
Minnesota, together with the appurtenant easement contained in Document No. 3665902.
PID: 2002721240034
Abstract Property �
IOS916 6 .
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snuvs ms,u,D.. . 2�ti a d a-.,, .i,••
Stormwater Mana ement �T�^���+ ����� *i�ro�+.�.� ��, :,�. '
e . �.,.•YwK ���� � I
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