Dakota Retail Stormwater Management Agreement001STORMWATER MAINTENANCE AGRf, EMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the day of 2022, by and
between DAKOTA RETAIL, LLLP, a Minnesota limited liability limited partnership, hereinafter
referred to as the "Owner" and the CITY OF CHANIIASSEN, a Minnesota municipal corporation,
hereinafter referred to as the "City".
RECITALS
A. The Owner is the owner of certain real property located in Carver County,
Minnesota, legally described as follows:
Lot 1, Block l, Dakota Retail
("Property"); and
B. The Owner is proposing construction and implementation of a underground
stormwater (Best Management Practice) BMP system within the Property; and
C. The submitted permit application, hereinafter called the "Plans", which are
expressly made a part hereof, as approved by the City, provides for fi ltration/infiltration of
stormwater within the confines ofthe Property via a underground system; and
D. The City and the Owner agree that the health, safety, and welfare ofthe residents
of the City of Chanhassen, Minnesota, require that on-site stormwater managemenVBMP facilities
be constructed and maintained on the Property; and
E. The City requires that an on-site underground stormwater filtration/infiltration
system ("stormwater Facilities") as shown on the Plans be constructed and adequately maintained
by the Owner as a condition of City approval of the Amendment to Site Plan Agreement 20|4-l l;
and
F. The Owner is required to enter into this Agreement and grant to the City a license
to enter the Property to inspect and, if necessary, complete work required under the terms ofthis
Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein
and other valuable consideration, the receipt and sufTiciency of which are hereby acknowledged, the
parties agree as follows:
l. Owner shall construct the
Stormwater Facilities in accordance with the plans and specifications identified in the Plan.
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2. Maintenance of Stormwater Improvements.
A. The Owner shall adequately maintain the Stormwater Facilities in accordance with
the City engineering standards for stormwater treatment facilities attached hereto as Exhibit A.
This includes all pavement, pipes, channels, and other conveyances built to convey stormwater to
the facility. as well as all structures, improvements. and vegetation provided to control the quantity
and quality ofthe stormwater. Adequate maintenance is herein defined as good working condition
so that these Stormwater Facilities are performing their design functions.
B. The Owner will perform the work necessary to keep these Stormwater Facilities in
good working order as appropriate. In the event a maintenance schedule for the Stormwater
Facilities (including sediment removal) is outlined on the approved Plans, the schedule will be
followed and comply with all applicable federal, state, and local regulations relating to the disposal
of material, such as sediment.
3. Insnection and Reporting. The Owner shall inspect the Stormwater Facilities and
submit an inspection report annually and shall be responsible for the payment of any associated
costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The
inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set
forth in Exhibit A.
4. Citv Access and Maintenance Rishts,
A. The Owner hereby grants a license to the City, its authorized agents and employees.
to enter upon the Property to inspect the Stormwater Facilities whenever the City deems necessary
as shown on Exhibit B, and to complete any maintenance, ifnecessary subject and pursuant to the
terms of subparagraph B. below. The City shall provide written notice to the Owner fourteen (14)
days prior to entry. The City shall provide the Owner, copies of the inspection findings and a
directive to commence with the repairs ifnecessary ("lnspection Report").
B. [n the event the Owner fails to maintain the Stormwater Facilities in good working
condition acceptable to the City and such failure continues for 60 days after the City gives the
Owner written notice ofsuch failure, the City may enter upon the Property and take whatever steps
necessary, including excavation and the storage of materials ald equipment, to correct deficiencies
identified in the lnspection Report. The City's notice shall specifically state which maintenance
tasks are to be performed. The City may charge the costs. including assessing the City's costs to
the Owner's property tixes, to the Owner. This provision shall not be construed to allow the City
to erect any structure of permanent nature outside ofthe area ofthe Stormwater Facilities. [t is
expressly understood and agreed that the City is under no obligation to routinely maintain or repair
said Stormwater Facilities. and in no event shall this Agreement be construed to impose any such
obligation on the City. In addition. Owner agrees that it is. and will be. solely responsible to address
complaints and legal claims brought by any third party with regard to the maintenance and
operation and the consequences there from the Stormwater Facilities. The Owner shall defend and
hold the City harmless from any such third-party claim. except to the extent of the City's or its
agents', contractors' or employees' negligence or willful misconduct.
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5. Reimbursement of Costs. The Owner shall reimburse the City for all costs
reasonably incurred by the City in the enforcement of this Agreement, or any portion thereof,
including court costs and reasonable attomeys'fees.
6. IUdeOIiIiSelig1. This Agreement imposes no liability of any kind whatsoever on
the City. The Owner shall indemnifo and hold harmless the City and its agents and employees
against any and all claims, demands. losses, damages, and expenses (including reasonable
attomeys' fees) arising out of or resulting from the Owner or the Owner's agents' or employees'
negligent or intentional acts. or any violation of any safety law. regulation or code in the
performance of this Agreement, without regard to any inspection or review made or not made by
the City, its agents or employees or failure by the City, its agents or employees to take any other
prudent precautions. except to the extent ofthe City's or its agents', contractors'or employees'
negligence or willful misconduct. In the event the City, upon the failure of the Owner to comply
with any conditions of this Agreement, performs said conditions pursuant to its authority in this
Agreement. the Owner shall indemnifo and hold harmless the City, its employees. agents and
representatives from any cost. damage or harm. except to the extent resulting from the City's or its
agents'. or employees' negligent acts in the performance ofthe Owner's required work underthis
Agreement. Failure to perform any of the Owner's required work shall not be considered
negligence by the City. its employees. agents or representatives.
7. liglicg. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
To the Owner: Mr. Dario Klasic, Managing Partner
905 Jefferson Avenue, Unit l0l
Saint Paul, Minnesota 55 102
To the City:City ofChanhassen
Attention: Water Resources Coordinator
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 553 I 7
All notices given hereunder shall be deemed given when personally delivered or two business
days after being placed in the mail properly addressed as provided herein.
8. The terms and conditions of this
Agreement shall run with the Property. All duties and obligations of Owner under this Agreement
shall be duties and obligations of Owner's successors and assigns, jointly and severally.
9.@ThetermsandconditionsofthisAgreementshall
runwith the Property and shall be binding upon future owners ofthe Property.
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NOTARY PUBLIC
MINNESOTA
Myccw nin E4i!t Ja1. 3!, 2025
OWNER:
DAKOTA RETAIL, LLLP, a Minnesota Limited
Liability Limited Partnership
B):
D ano ic, Managing Partner
STATEOF MINNESOTA
COLN.{TY OF HENNEPIN
The foregoing instrument was acknowledged before me this lfli- day of 0(7lb&
2022, by Dario Klasic, the Managing Partner of Dakota Retail, LLLP. a Minnesota Limited
Liability Limited Partnership, on behalf of said en
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CITY:
CITY OF CHANHASSEN
Elise Ryan, Mayor
By:
Laurie Hokkanen. City Manager
STATE OF MINNESOTA
COUNTY OF CARVER
The foregoing instrument was acknowledged before me this
-
day of
-.
2022, by Elise Ryan and Laurie Hokkanen, respectively. the Mayor and City Manager. of the
City of Chanhassen. a Minnesota municipal corporation. on behalf of the corporation and
pursuant to the authority granted by its City Council.
Notary Public
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
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EXHIBIT ATO
STORIT{WATER MAINTENANCE AGREEMENT
Operations and Maintenance of Stormwater Facility
The Owner, shall be vested with and shall be responsible for conducting an annual inspection
of the stormwater facility as depicted and attached hereto, utilizing the stormwater facility
maintenance inspection checklist, attached hereto, and shall make any repain to the stormwater
facility necessary for its intended design and function, as determined by the City's Water Resources
Coordinator for the remaining life of the Stormwater Facility.
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Stormwater Facility Maintenance Inspection Checklist
BMP #1 Underground Detention System (ADS StormTech Chamber System)
Date:Time:Weather:
Inspector:
Maintenance Item Comments on Condition Actions to be Taken
As Needed
Remove Trash and debris
Stabilize tributary drainage area
when erosion is evident
lnflow and ouMow at inlet and outlet
structures are clean
Catch Basins are functioning
propedy and free of litter and debris
Semi Annually (Or Afier several storm evenls/exlreme storm events)
lnspect inffodoutflo and pre-
treatment systems icrclogging (off-
line systems) and removeany
sediment
Annually in Fall
lnspect and remove any sediment
and debris build up in pretreatrnent
areas
lnspect inffow points and surface for
buildup of road sand associated with
sprino melt, remove as needed
Note signs of pollution. such as oil
sheens, discolored water, or
unpleasant odors.
Comments and Actions Required:
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INSPECTION FORM
BMP #1A Water Quality Vault (ADS BayFilter)
Date:Time:Weather:
Inspector:
Maintenance Item Comments on Condition Actions to be Taken
As Needed
Remove Trash and debris
Stabilize tributary drainage area
when erosion is evident
lnflow and outflow at inlet and outlet
structures are clean
Catch Basins are functioning
properly and free of litter and debris
Semi Annuolly (Or After several stotm evenls/exfieme slotm events)
lnspect inflowoutflolr/ and pre-
treatment systems brclogging (off-
line systems) and removeany
sediment
Annually in Fall
lnspect and remove any sediment
and debris build up in pretreatment
areas
lnspect inflow points and surface for
buildup of road sand associated with
sDrinq melt, remove as needed
Note signs of pollution. such as oil
sheens, discolored water, or
unpleasant odors.
Comments and Aaions Required:
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INSPECTION FORM
BMP #2 Prinsco Preserver
Time:Weather:Date:
Inspector:
Comments on Condition Actions to be TakenMaintenance Item
As Needed
Remove Trash and debris
Stabilize tributary drainage area
when erosion is evident
lnflow and outflow at inlet and outlet
structures are clean
Catch Basins are functioning
properly and ftee of lrtter and debris
Semi Annually (Or Afier several slorm evenls/extreme storm events)
lnspect inflo outfror,tr and pre.
treatrnent systems br clogging (off-
line systems) and removeany
sediment
Annually in Foll
lnspect and remove any sediment
and debris build up in pretreatrnent
areas
lnspect inflow points and surface for
buildup of road sand associated with
sprinq melt, remove as needed
llote signs of pollution, such as oil
sheens, discolored water, or
unpleasant odors.
Comments and Actions Required:
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EXHIBIT B
STORMWATERBMP EXHIBIT
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COFFEE S}IOP ORIVE
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KLASIC
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STOR]VIWATER
BMPS
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NIORTGAGI, HOLDER CONSENT TO
STORMWATER MAINTENANCE AGR.EEMENT
HIAWATHA NATIONAL BAI{K,3 ",\
\ !', '].\-^('rJt-, which
hotds a Mortgage on all or part of the Property more particularly described in the foregoing
Stormwater Maintenance Agreement, which Mortgage is dated october l, 2021, and was recorded
November 22, 2021, as Carver County Document No. A737561, and an AssiSnment ofRents dated
October l, 2021, and was recorded November 22, 2021, as Carver County Document No. A737562
(collectively "Mortgages"), for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join iq consents to, and is subject to the foregoing
Stormwater Maintenance Agreement.
GRANTOR: EIAWATHA NATIONAL BANK
By:i\Liwa v\&,'aL'
tf-4 ([print name]
Its r\\t1Nr\(;lwt,; t ltitlel
wrc(oNslN
STATE OF}{SSES€+r+-
cor-rNTyoF 3-r eeoiv
Tbe foregoing instrument was acknowledged before -" thi. J$ d4y of G["b.r
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2022, by
Eiawatha National
l.^t-the rna-of
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!.ora.rn exq Z
V-on behalfofsaid entity.
q-Ptaa-L
t1Notary Publ
DRAFTEDBY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
MARYC. RICCI
Notary Publlc
State of Wigconsln
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