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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. 223548v2 I 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. 2 223548v2 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. 3 2215.18\2 KO VUE 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 N ss ) ) ) 4 2215,18Y2 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 ) )ss. ) ) 221548v2 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. 6 221548v2 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: 7 :2.1548v2 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: 8 223548v2 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: I 223548\2 EXHIBIT B STORMWATERBMP EXHIBIT 223548\/2 IO !itl t ! r 9_-- Ti ia "t . I E I I anvtiv PRELIMINARY - NOT FOR CONSIRUCTION ffio t).$- I \, *, EI:5.I?1-*Ei tLol,lo COFFEE S}IOP ORIVE THRU IMPROVEIEI{TS KLASIC PROPERTY ONSITE STOR]VIWATER BMPS Kimley>Horn ;Ir :o]I Ef;:s ;'r t .9, 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 ) ( ) SS 2022, by Eiawatha National l.^t-the rna-of 7-5 (e f !.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 223548\': )