Recorded Stormwater BMP Lifetime 2023-13I
Document N umber: T22EO78
Torrens Certificate: 35576.0
Filed and/or Recorded on
Sep 25, 2023 8:11 AM
Office of the County Recorder/Registrar of Titles
Caruer County, Minnesota
Kaaren Lewis, Registrar of nths
Depury DL
Document Recording Fees $ 46.00
DocumentTotal $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 12
Document Number: A7652OO
Filed and/or Recorded on
Sep 25, 2023 8:11 AM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy DL
Document Recording Fees $ 46.00
DocumentTotal $ 46.00
Requesting Party: CAMPBELL KNUTSON PA
Pages: 12
'l-his cover page has been added to this document by Carver County land Records
and is now an official part of this recorded docume nt
STORMWATER MAINTENAI\CE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
^4(ATHIS AGREEMENT is made and entered into as of the /2__day of August , 2023,
by and between LTF REAL ESTATE COMPAI\rY, INC., a Minnesota corporation, 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 l, Block l, Arboretum Business Park 5th Addition, Carver County, Minnesota.
("Property"); and
B. The Owner is proceeding to build on and develop the property, and has received
final Site Plan approval ("Site Approval") for the Property; and
C. The final plans for the Property, hereinafter call the 'oPlans" submitted in support
of or as a condition of the Site Plan Agreement, which are expressly made a part hereof, as
approved or to be approved by the City, provides for conveyance and detention/retention of
stormwater within the confines of the Property; and
D. The Owner is proposing construction and implementation of stormwater
infrastructure including a filtration basin (Best Management Practice) BMP system ("Stormwater
Facilities") within the Property; and
E. 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 infrastructure and
management/BMP facilities be constructed and adequately maintained on the Property for the
Stormwater Facilities as a condition of Site Plan Agreement for the Property; and
F. The Owner is required to enter into this Agreement as a condition of the Site Plan
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 suffrciency of which are hereby acknowledged, the
parties agree as follows:
l. Construction of Stormwater Improvements. Owner shall construct the
Stormwater Facilities in accordance with the plans and specifications identified in the Plans or
pursuant to any modification of the Plans approved by the City during construction of the
Stormwater Facilities as provided in Exhibit A. The Owner shall submit to the City any updates
with "as builts" for the Stormwater Facilities within I year of installation. If Plan modification
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substantially changes the size, location, or operations and maintenance of the stormwater facility
the owner shall provide updated Exhibits to the City.
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 B.
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. [n the event a maintenance schedule for the Stormwater
Facilities (including sediment removal) is outlined in Exhibit B, 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. 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,
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 ("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 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 a 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 thereof 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 wiltful 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 indemnifu 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 willfulmisconduct. 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 indemnift 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 or willful misconduct in the perforrnance 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:LTF Real Estate Company, Inc.
Attention: Kari Broyles
2902 Corporate PI
Chanhassen, Minnesota 55317
with a copy to:
LTF Real Estate Company, Inc.
2900 Corporate Place
Chanhassen, MN 55317
Attn: Properly Management
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. SuccessorVCovenants Run With the Propertv. The terms and conditions of this
Agreement shall run with the Property. All duties and obligations of Owner underthis Agreement
shall be duties and obligations of Owner's successors and assigns, jointly and severally.
aJ
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9. Covenants Run with Propertv. The terms and conditions of this Agreement shall
run with the Property and shall be binding upon future owners ofthe property.
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OWNER:
LTF REAL ESTATE COMPANY, [NC., A
Minnesota corporation
By:
instrument was tnirdauv
[print name]
Ititle]
Real
lts
STATE OF MINNESOTA )
)
)COUNTY OF
The
(. -. veF-
ss.
2023, by
Estate Companyr Inc., a
acknowledged me
the
corporation, on
Notary Public
of
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2276llvl
Cour
$rCoffih.tEIgilJlt
M.scH0.uilcSUSA}I
NOTARY
i
CITY:
CITY OF CHANHASSEN
By:
Ryan, Mayor
By:\A^WT fivkFavKA^,
Laurie Hokkanen, City Manager
OF MINNESOTA )
)ss.
corrNTY oF CARVER )jl-hthis.\ dayThe foregoing instrument was acknowledged before me
2023,by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager,City
of Chanhassen, a Minnesota municipal on behalf of the corporation and pursuant to
Ithe authority granted by its City Council.q
Notarv
THIS INSTRUMENT WAS DRAFTED BYI
CAMpSTLL KNtirsoN
Profess io n ol Asso c iatio n
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP/mew
\
6
KIM T. MEUWISSEN
Notary Public-Minnesota
My Commbsion ExIiIs Jan 31, 2025
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EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
STORMWATER BMP EXHIBIT
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EXHIBIT
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PH: (763) 780-04s0 Tlll{ll0llll
FAx: (763) 7AO-O452
LIFE TIME FINESS
2970 WATER TOWER PLACE
LOT 1, BLOCK 1
ARBORETUM BUSINESS PARK sTH ADD
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E)CIIBIT B
TO
STORTVIWATER MAINTENANCE AGREEMENT
Stormwater Facility Operation and Maintenance PIan and Inspection Checklist
The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the
stormwater facility as depicted in Exhibit A 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.
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Exhibit B
Site: 2970 Water Tower Place: Lil'e Time Fitness
Lot l, Block l; Arboretum Business Park 5d' Addition
Filtration and Storm Sewer BMP lnspection and Maintenance Activities
Date
BMP Type: Filtration Basin
VISUAL INSPECTIOI{ ACTIVITY
RECOI'XE DEO
It{sPECTtOt{
FREQUEIICY
PASS FAIL coRRECTTVE ACTTOflS
INSPECTION
RESUIT (PASS
OR FAIL?)
OESCR'BE COilDTTloi OR
tssuE
CORRECIIVE
ACT|O|{S TA(E|{
oR scHEou-Eo
lnsp€ctforlrash and dsbris at
inl€l, outlet, outlel structure,
basin, andconkibuting No lrash or dekis prosanl Trash or debds pr$enl
Romovo lrash and dob{is
from basin, inlat, outlet,
oullet structure, and
conlributing drainag€ sreas
lnspscl for €rosion in basin,Slopes amund riltration
basin. inlet. and outlel are
Slop€s around flt ation basin, inlet,
and outlel show significanl signs oI Take measures lo provent
lnspecl for sodimanlation in
the basin, inlal, or oullel
Rat6 of accumulalion less Rats ol accumulalion greater than
erpected or sedimenl is impainng
intended praclice tunclion
Remove sediment frolh
lnsp€cl basin bo(om to
ensura 6nlir6 basin is
receiving slomwaler llow
follo*ing larg€ slorm
Slormwaler from oulbl iows
unimpedod into enlire besin
R6st ictivo areas of s€dimenr or
arosion pfevent slormwator from
ulilizinq tull basln bonom
Rsmove sediment frorn
basin andor con€.t erosion
lnspecl basin fo. r€slriclions
lo contirm slomwaler iow is
conv€y€d lo enlir€ basin
Stormwalsr from oullel flows
unimpeded inlo €ntk€ basin.
Flow from pipo into pond is shon
circuiling lo pipe discharging from
Romovs any sedimenl or
ragrade pond bottom as
necossary for stormwaler lo
ulilize onlire pond bottom
Ve$talion w€ll sstablished
Vegalalion dominaled by
inl€nd6d, non-invasiv6
Mor6 than 50'6 of v.goiaiion
dead/dying
Ar6as ol bare soil pr6s6nt
Vo96l,a0on dominslod by invasive
Kill noxious w.6d3 andor
roplant desir€d veg€lation
Monilor rss€€ded ar6a
weekly until 90% growlh
has be€n 6stablishsd
lnsp€cl inlsr and oullet
structur€l @mpon€nts
including inlel, oull€t and
overfl ow slructures. and
As part of all inspeclion Struclulal componsnls in Srructural compononts failing or
slarling lo fail(drsinlile broken, elc.)
R6plac6 failing slruclural
compon€nts wittr equal
intrsstrucluro including
calchbasins. slorm sewsr
pip€s. rcof drains, and flarsd
lnfraslructure is clean snd
conv€ying slorm wat€r as
d€signsd in good working
lnfrastucture conlains s€dimsnl or Rornovs sedim€ntBlion
or obsfuction to allow
lnsp€ct basin tor slanding
wal6r dlring growing soason
48 andor 72 hours
followins slom ovenls
-Twic6 duingfirsl
aff€r constucli,on
{nc€ psr y$rfor
Filtraliorvlnfiltration f€aturc
drawsdownwilhin 48 hours
followins storm ev€nl
Fillraliodinliltration fealur€ do6s
not draw down wllhin 4a hourc
following storm 6v6nl
Cl6an out til6
Ch€ck mainlonanc€ accsss
As pan of all ansp€cton Access lo lhe BMP is nol Access isobslructed (lrs€s, n€w
slrucluros, failing road)
Romov6 obstruction or
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lnspector:
--
following large slom
VISUAL ITISPECTION ACTUITY
RECOM}IENOEO
[isPEcTtolt
TREQUEI{CY
PASS FAIL CORRECfIVE ACTIONS
INSPECTION
RESUL]{PASS
OR FAIL?)
DESCRIBE COilDNDT OR
ISSUE
CORRECTIVE
ACTTOXS TAXE
OR SCHEDUI..ET)
lnspocl Sloih Structure CB 2
Less than 60% or sto€ge
capacily in sump has b€en Ssdiment has collecled to 600/.
or gr€at€r of capaclty.
lnspect Dralntil€ in Filra(on
Badn
2" or le$ of sedlm€nl
nol6d at cl6anoul loc€lions
and pond draws down
wihin 4E hours of rain
More than 2" ofsedim6.i
nol€d at cleanouls and/or
sianding water afler 48 hours
Romove s€diri€nt and llush
Send lnspection Report Annually to:
City o, Chanhassen Engineering Department
enqdegt(Achanhassenmn.qov
or mailto:
Engineering Department
7700 Markel Boulevard, PO Box 147
Chanhassen, MN 55317
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