A754596 Stormwater AgreementJ
Document Number: A754596
Filed and/or Recorded on
Nov 16, 2022 1:46 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy TH
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: CUSTOM HOME BUILDERS TITLE, LLC
Pages: 11
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
.
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the day of 0G�aOgC 2022, by and
between BLACK CHERRY DEVELOPMENT, LLC, a Minnesota limited liability company, hereinafter
referred to as the "Owner" and the CITY 4F CNANHASEN, 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:
Lots 1, Z, and 3, Block 1, Erhart Farm
("Property"); and
B. The Owner is proposing construction and implementation of a filtration basin stormwater
(Best Management Practice) BMP system within the Property; and
C. The submitted permit application, hereinafter called the "Plans", which are expressly made
ides for filtration of stormwater within the confines of the
a part hereof, as approved by the City, prov
Property via a draintile system; and
D. The City and the Owner agree that the health, safety, and welfare of the residents of the
City of Chanhassen, Minnesota, require that on -site stormwater management/BM facilities be
constructed and maintained on the Property; and
E. The City requires that on -site Filtration basin 2 ("Stormwater Facilities") as shown on the
Plans be constructed and adequately maintained by the Owner as a condition of Final Plat approval; and
F. The Owner is required to enter into this Agreement as a condition of plat approval and grant
to the City a license to enter the Property to inspect and, if necessary, complete work required under the
terms of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Construction of Stormwater Improvements. Owner shall construct the Stormwater
Facilities in accordance with the plans and specifications identified in the Plan.
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t
2.
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 of the 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. An email drafted
by the Property Owner is acceptable to satisfy this requirement.
4. City Access and Mai
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, if necessary 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 if necessary ("Inspection Report").
B. In 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 of such failure, the City may enter upon the Property and take whatever steps necessary,
including excavation and the storage of materials and equipment to correct deficiencies identified in the
Inspection 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 taxes, to the
Owner. This provision shall not be construed to allow the City to erect any structure of permanent nature
outside of the area of the Stormwater Facilities. It 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 attorneys' fees.
6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City.
The Owner shall indemnify and hold harmless the City and its agents and employees against any and all
claims, demands, losses, damages, and expenses (including reasonable attorneys' 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 of the 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 indemnify 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 of the Owner's required work under this 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. Notice. 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:
To the City:
Black Cherry Development
Attention: Tim Erhart
14500 Martin Drive, Suite 3000
Eden Prairie, MN 55344
City of Chanhassen
Attention: Water Resources Engineer
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
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. Successors/Covenants Run With the Property. 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. Covenants Run with Property. The terms and conditions of this�Agreement shall run with
the Property and shall be binding upon future owners of the Property.
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STATE OF 1��1NESOTA
COUNTY OF CARVER
CITY:
CITY OF CHANHASSEN
Elise Ryan, Mayor
)
)ss.
The foregoing instrument was acknowledged before me this 2LP day o , 2022, by
Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, of the City of Chanhassen,
I Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
N
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
� Rxc rr.!r
� ��` �� KIM T. MEUWISSEN
Notary Public -Minnesota
11tou'•� My Commission Expires Jan 31, 2025
u
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OWNER:
BLACK CHERRY DEVELOPMENT
a Minnesot0imited liability company
Timothy A. Erhart
Its Manager
STATE OF MINNESOTA ) NOTARY PUBLIC
MINNESOTA
Ss. 1,,�., •z MI mMion Expires VW2025
COUNTY OF BENNEPIN )
The foregoing instrument was acknowledged before me this day of 2022,
by Timothy A. Erhart the Manager of Black Cherry Development, LLC a Minnesota limited liability
company, on behalf of said entity.
Public
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I:
TO
STORMWATER 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 makes any -repairs to the - stormw-ater- ��ik y- - r its intended
design and function, as determined by the City's Water Resources Engineer for the remaining life of the
Stormwater Facility.
Stormwater Facility Maintenance Inspection Checklist
Inspection Date:
Property Name:
City:
Owner Name:
Address:
State (initials):
(If applicable) Owner Change Since Last Inspected?
Email Address:
Site Conditions:
Time:
Zip Code:
Y/N
Phone Number:
A.M. / P.M.
Rainfall in Last 24-48 Hours? Y / N
*Inspection Frequency Key:
A = annual (required); Q = quarterly (recommended); S = post -storm event (recommended); M = monthly
*Maintenance Key: x = Needs immediate attention; ✓ = O.K.; N/A = Not Applicable; ? = Clarification Needed
�
ODJUV 10 I 11•
. .
1'1 1 1 --
• evidence •
•
surfaceclogging
No evidence •
•
standing water
Adequate
vegetation.
No Invasive
Vegetation
No clogging •
•
draintile
• 1"1
• 1 1
Adequate "1 adjacent
vegetation • '
Pagel �2
r
Additional Comments:
Inspector Name (Print):
Inspector Signature:
Estimated Date of Next Inspection: / /
Page2�2
X
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co
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DATE: 8-5-22
DRAWN BY: TAS
SCALE: 1 "=60'
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MORTGAGE HOLDER CONSENT TO
S I VMVIWATER MAINTENANCE AGREEMENT
TIMOTHY A. ERHART and DAWNE M. ERHART, husband and wife, who hold two
mortgages on all or part of the property more particularly described in the foregoing Stormwater
Maintenance Agreement, which Mortgage, Security Agreement and Fixture Financing Statement
is dated February 4, 2021, and was recorded June 4, 2021, as Carver County Document No.
A726349, and a second Mortgage, Security Agreement and Fixture Financing Statement is dated
January 3, 2022, and was recorded February 16, 2022, as Carver County Document No. A742234
(collectively "Mortgages"), for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby join in, consents to, and is subject to the foregoing
Stormwater Maintenance Agreement.
Timothy A. Erhart
Dawne M. Erhart
�.�' r:r JEAN M SAVAGE
STATE OF MINNESOTA ) �NOTARY PUBLIC
MINNESOTA
)Ss. :4;,, MY Commission Expires i131.12025
Jill
COUNTY OF
The foregoing instrument was acknowledged before me this � day of
� ,G Pam- , 2022, by Timothy A. Erhart and Dawne M. Erhart, husband and wife.
Notary P�bli
DRAFTED BY:
CAMPBELL KNirrSON, P.A.
Grand Oak Office Center I
-860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
222939dL