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Home My WebLink About2013-11-04-Resolutions 13-288_Sugar Creek Bridge - NPDES Agreement - HubbellTHE CITY OF WAUKEE,IOWA RESOLUTION 13-288 APPROVING NPDES STORM WATER DISCHARGE PERMIT NO.2 AGREEMENT WITH HUBBELL METROPOLITAN DEVELOPMENT FUND I,LLC (SERIES E),RELATED TO THE SUGAR CREEK BIKE PATH AND BRIDGE CONNECTION PROJECT IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the Sugar Creek Bike Path and Bridge Connection Project is required to complete an archeological study in the area this fall before frost to enable the Project to stay on the Iowa Department of Transportation timeline for an early spring bid;AND, WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E)agrees to allow the study to be performed this fall contingent on the City of Waukee agreement to comply with the N1'DES General Permit No.2 for the area;AND, WHEREAS,the City Attorney has reviewed the agreement,attached hereto as Exhibit A,and finds it satisfactory. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session tills 4th day of November,2013,that the N1'DES StOlIDWater Discharge Permit No.2 Agreement with Hubbell Metropolitan Development Fund I,LLC (Series E),related to the Sugar Creek Bike Path and Bridge Connection Project is hereby approved. Attest: ~j}.l:jJuA;&j+------ Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X X X NAY ABSENT ABSTAIN AGREEMENT The City of Waukee,Iowa and Hubbell Metropolitan Development Fund I,LLC (Series E)agree as follows: "The Project:defined as the Sugar Creek bike path and bridge connection,a City of Waukee improvement project The Owner:defined as Hubbell Metropolitan Development Fund I,LLC (Series E) An NPDESStorm Water Discharge Permit No.2 (the "General Permit")and a pollution prevention plan for Glynn Village is in place,permit number 9433-9235,which covers land,and construction activities occurring thereon,undertaken by the Owner.The City is underta king the Project on land on which it has permanent property rights as well as on a portion of the land owned by owner on which the City has obtained a temporary construction easement from Owner.The City of Waukee acknowledges the General Permit and pollution prevention plan associated with the permit.Additionally,a copy of the General Permit and pollution prevention plan is located at the Owner's office at 6900 Westown Parkway,West Des Moines,Iowa.The Owner seeks to assure that the activities by the City in completing the Project are done in compliance with General Permit and the pollution prevention plan on owner's property and the City seeks to complete the Project accordingly, The City of Waukee agrees to respect and remain in compliance with all terms,provisions,conditions and requirements ofthe General Permit and the pollution prevention plan. Additionally,the City of Waukee shall,under all circumstances,prevent the loss,transfer or migration of any soil,silt,hazardous substance or solid waste from or beyond the boundaries of the Project.The City of Wau kee shall have the sale operational control of storm water discharges associated with the Project. The City of Waukee shall protect,defend,indemnify and hold harmless Seller and its members or partners and their officers,directors, shareholders,members,partners or employees from any and all damages, claims liabilities,fines,penalties,cleanup costs and/or attorneys and consultant fees caused by,or in any manner related to:(1)any discha rges from the Project,and/or (2)any alleged violation of the General Permit,the pollution prevention plan or any NPDESor storm water discharge rule or regulation applicable to the Project.The City of Waukee hereby releases, waives and otherwise discharges any and all claims that the City of Waukee may assert against the Owner relating,in any manner,to any discharges from the Project and/or any alleged violation of the General Permit,the pollution prevention plan or any NPDESor storm water discharge rule or regulation applicable to the Project. The City of Waukee shall protect,defend,indemnify and hold harmless Seller and its members or partners and their officers,directors, shareholders,members,partners or employees from any and all damages, claims liabilities,fines,penalties,cleanup costs and/or attorneys and consultant fees caused by,or in any manner related to:(1)further stream stabilization and/or improvement requirements of the Army Corps of Engineers as they pertain to the Project,and/or (2)Archeological mitigation and/or preservation associated with archeological studies performed for the Project and as authorized by the Owner (3)wetland mitigation requirements associated with the Project (4)any alleged violation of state or federal regulations applicable to the Project.The City of Waukee hereby releases,waives any and all claims that the City of Waukee may assert against the Owner relating,in any manner,to federal, state,or municipal requirements for the Project. The City of Waukee agrees that construction for Glynn Village Plat 8,and subsequent plats,shall commence in proper order following city approva Is and requirements,and said construction shall not be withheld for requirements related to and of the Project. City of Waukee BY: