Loading...
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. 222939d1 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. 222939v2 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. 222939v2 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 222939� 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 222939d1 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 roP s- of FILTRAnoN SECTION TO BE TOPSDL AND SEEDED WITH NATIVE SEEDING SAND ouAr•+nrt 59 CY SAND TO BE MNDOT SPEC S- DIAMETER PERFORATED 0.4• DEPTH FOR ADDmoNAL SAMPLE BUILDING FOOTPRINTS FILTRAnoN SEc71ON SHALL ENCOMPASS ENTIRETY OF BASIN co 10' INSET A 0 INSET A � �— FlLTRATION BASIN BOTTOM 881.67 3:T SLOPE FlLTRATION HWL 882 3:1 SLOPE L BOTTOM OF FILTRATION SECTION 879.67 A'- A' FILTRATION BASIN CROSS SECTION NOT TO SCALE • WETLAND / kx\BUFFER MONUMENT FILTRATION BASIN r.—Fn0.+EO cv._r_ Pw "rARDSOLD Q� eAr w s� 1- I I -I I-1 11 11-I-1 I =115 '! I -W I I 1^. s `TF4CC5 OM AS 'En QEOFlCAT k& C C SAP• t" L'r xis ttay,csTln —� gre6nd;nc cnod_ roe at e^d cec;cuts •+u1er I. SOL•:A'l MLU AU. JOKIS CV C'LLA14 W t. (NON.:?K :L LU%, Z. CLAN OUTS Sl-A:L EE EPA l A7 2CY INTTt":'ALS ;MAx.MLAO) '. EEADS ANC RSS TO EE ST.HE SIZE AS CF.AINTILE MAIN. 4. ALL CRAIVIIts NJST I AYL iT,AC('3 WIRC ANC MDUNDING RCJ DRCUCd IT UP TO Ti SJ;FACE 11 A S•:AKEPIT C0NNECT1Cs% BOX CEP. JETA:L 507, AT EACN s'PU'CTJRE op. Ar c rm ouTs AS SHoYY :.BOr. z. ONCC COLImL l ,T-IC CC4?ACTC3 WILL 3C R-CJ-.RZ TO LOCAT_ 'IIF PJ9: •AA TR;7ER WE 1=iTiN3 RE0.8REYENTS. _. -IJ3 :YTH-FREACED METAL 21.jO T3 BE SET UNDER YARD BOX CCU FL:C TC EE MACHt7rZE' 70 A1LDW FOR LOCATES '0A V•RAL DE C-OR. TRACER WE'C BE BR'b.M' UP INTO 'TRAc= W RE AC :Ess Box" X 17' vARD BO% 111H CLC4L CO•:2Z TC MATCH SJPADJNCTNG CC_OP.S AS APPP02vZ3 BY LNGINEZ]t BOX TO EE _DCAIED 29 3OC IMEPP A'TFLIiABLF_ +fop mvmm SUS—S'JR-ACE F' DRA.IN IILL CLEANGUTS F�DF% I°JL'''J= AND =tdG (?- F',llN `ICLCA.NOUTS I-n _NG;NLLHIMG DLFART'ALt•Il �L.r_ �T• ww M1F IJYF': C'•1 .'G\i+41_ •J.L JGJ'f ORAINTILE NTILE ~ ►NOUT � � OUTLET AND Q RIP RAP 1IL--Un— / WETLAND y S BUFFER I / ��] EXHIBIT BCHANHASSEN, MN � � FILTRATION � BASIN DRAINTILE ` AND CLEANOUT IL I I RIDGE, WAY - ' I WETLAND N �r DATE: 8-5-22 DRAWN BY: TAS SCALE: 1 "=60' �4L��1 i4N T ■�la�YssM� i 222939v2 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