Schutrop Addition_Operation-Maintenance Agreement DRAFT218524v1
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the ___ day of ____________, 2022, by and
between ____________________________________, a ____________________________, hereinafter
referred to as the “Owner” and the CITY OF CHANHASSEN, 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 2, SCHUTROP ADDITION
(“Property”); and
B.The Owner is proposing construction and implementation of a RAIN GARDEN AND
SWALE 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 filtration/infiltration of stormwater within the confines
of the Property via a RAIN GARDEN AND SWALE 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/BMP facilities be
constructed and maintained on the Property; and
E.The City requires that on-site RAIN GARDEN AND SWALE (“Stormwater Facilities”)
as shown on the Plans be constructed and adequately maintained by the Owner as a condition of approval;
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 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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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 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.Inspection 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 B.
4.City Access and Maintenance Rights.
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 shown in Exhibit A whenever the City deems
necessary 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.
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.
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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:_________________________
Attention: _________________
__________________________
__________________________
To the City: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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OWNER:
__________________________________,
a _______________________________
By:
____________________________
Its __________________________
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of _______________, 2022,
by ______________________, the ___________________ of _______________________________, a
____________________________________, on behalf of said entity.
Notary Public
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CITY:
CITY OF CHANHASSEN
By: ____________________________________
Elise Ryan, Mayor
By: ____________________________________
Laurie Hokkanen, City Manager
STATE OF MINNESOTA )
)ss.
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 A
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 make any repairs to the stormwater facility necessary for its intended
design and function, as determined by the City’s Water Resources Engineer for the remaining life of the
Stormwater Facility.
“
”
LEGEND:
KEBDESIGNED:
LIC. NO.:
DATE:
KENT E. BRANDER
DRAWN:
CHECKED:
KEB
XXX44578
I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPARED
BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED
PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.
12-07-2022
CIVIL METHODS, INC.
P.O. Box 28038
St. Paul, MN 55128
o:763.210.5713 | www.civilmethods.com
DATE / REVISION:SHEET NO:
08-29-2022 Permit Submittal Set. NOT FOR CONSTRUCTION
12/7/2022 9:30 AMPrint Date:File Loc:C:\CM\Civil Methods, Inc\CMI - Documents\7. Projects\22061_Schutrop_6730 Golden Ct\08_DRAWINGS AND SPECIFICATIONS\C3D\XrefBase\22061_WR.dwgPROJECT:
PROJ. LOCATION:
PROJ. OWNER:
6730 GOLDEN CT, CHANHASSEN, MN
SCHUTROP HOMES, INC.
09-23-2022 Revised Per Agency Comments. NOT FOR CONSTRUCTION
11-21-2022 Revised Per Agency Comments. NOT FOR CONSTRUCTION
12-07-2022 Revised Per Agency Comments. NOT FOR CONSTRUCTION
Feet
0 20 40
LFE = 995.5
LFE = 995.8
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EXHIBIT B
STORMWATER BMP INSPECTION CHECKLIST AND FORM
OPERATION AND MAINTENANCE AGREEMENT
EXHIBIT B: INSPECTION CHECKLIST AND REPORTING FORM
LOT 2, SCHUTROP ADDITION
NOTE: Checklist items must be completed in the spring and fall of each year. The completed form shall
be kept on file and available for review for a minimum of one calendar year.
YEAR: _________
SPRING INSPECTION DATE: _______________INSPECTOR NAME: ______________________
FALL INSPECTION DATE: _______________INSPECTOR NAME: ______________________
RAIN GARDEN INFILTRATION BASIN CHECKLIST
_____ Clean infiltration area. Remove any sediment, trash, and debris.
_____ Remove any dead vegetation, trim live vegetation if needed, and remove weeds.
_____ Repair inlet/outlet areas that have experienced erosion or damage.
_____ Loosen, aerate, or replace soils to ensure water infiltrates – must infiltrate within 48 hours.
_____ Impervious surfaces draining to rain garden to be swept and kept free of sediment and debris.
_____ Replace dead plants/vegetation. Water as needed.
NOTE ANY MAINTENANCE ISSUES OR OTHER CONCERNS WITH RAIN GARDEN INFILTRATION BASIN:
SWALE CHECKLIST
_____ Check that swales are not blocked or improperly graded/landscaped. Must flow to rain garden.
_____ Remove any sediment, trash, or debris from swales.
_____ Repair any erosion, bare soil, or damage to swales and at swale outlet to rain garden.
NOTE ANY MAINTENANCE ISSUES OR OTHER CONCERNS WITH SWALES: