DRAFT - Glendale Stormwater Maintenance Agreement1
STORMWATER MAINTENANCE AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into as of the ____ day of
_________, 2017, by and between the City of Chanhassen, a Minnesota municipal corporation
(the “City”) and Lake West Development, LLC, a Minnesota limited partnership (collectively, the
“Developer”).
WITNESSETH:
WHEREAS, the Developer is the fee owner of certain real property located in Carver
County, Minnesota, legally described on Exhibit A attached hereto (the “Property”); and
WHEREAS, the Developer has dedicated to the City drainage and utility easements over
portions of the Property (the “Easement Areas”) where a stormwater pond will be constructed; and
WHEREAS, by entering into this Agreement, the Developer has agreed to construct and
maintain certain stormwater facilities, including the infiltration basins (the “Stormwater
Improvements”) for the benefit of the Property. The Stormwater Improvements include infiltration
basins and any accompanying structures that are to be constructed by the Developer as set forth in
the plans approved by the City and attached as Exhibit B; and
WHEREAS, the City requires permanent provisions for handling of storm runoff,
including terms and conditions for operation and maintenance of all Stormwater Improvements,
and requires such provisions to be set forth in an agreement to be recorded against the Property;
and
WHEREAS, the City and the Developer intend to comply with certain conditions,
including entering into an agreement regarding the Stormwater Improvements.
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:
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1. Construction of the Stormwater Improvements. The Developer shall construct the
Stormwater Improvements on the Property at the Developer’s expense. The Stormwater
Improvements must be constructed in accordance with the plans that are attached to this Agreement
as Exhibit B.
2. Restriction on Use of Easement Area. The Developer and the subsequent owners
of each lot within GLENDALE DRIVE HOMES shall at all times protect the function of the
easement area as an infiltration basin. In furtherance of such protection, in no event shall the
Developer or the subsequent owner of any lot cause or allow any fill, additional planting, buildings,
improvements or foundations to be placed within the easement area, and in no event shall the
Developer or the subsequent owner of each lot cause or allow any change in the soil or
modification of grade, in each instance without the prior written consent of the City, which may
be denied or conditioned in the City’s reasonable discretion.
3. Maintenance of the Stormwater Improvements. The Developer and the subsequent
owner of each lot within GLENDALE DRIVE HOMES, agrees to maintain the Stormwater
Improvements and observe all drainage laws governing the operation and maintenance of the
Stormwater Improvements. The Developer and the subsequent owner of each lot shall make
periodic inspection and perform maintenance of the Stormwater Improvements as described in
Exhibit C attached hereto. The Developer and the subsequent owner of each lot shall make all
such scheduled inspections and maintenance, keep record of all inspections and maintenance
activities, and submit such records annually to the City. The cost of all inspections and
maintenance, including skimming and cleaning of the Stormwater Improvements, shall be the
obligation of the Developer and the subsequent owner of each lot within GLENDALE DRIVE
HOMES as shown on Exhibit A as the fee owners of the Property.
4. City’s Maintenance Rights. The City may maintain the Stormwater Improvements,
as provided in this paragraph, if the City reasonably believes that the Developer or the subsequent
owner of the lots within GLENDALE DRIVE HOMES has failed to maintain the Stormwater
Improvements in accordance with applicable drainage laws, the terms of this Agreement or other
requirements and such failure continues for 30 days after the City gives the Developer or the
subsequent owner of the lots written notice of such failure or, if such tasks cannot be completed
within 30 days, after such time period as may be reasonably required to complete the required
tasks provided that Developer or the subsequent owner of the lots is making a good faith effort to
complete said task. The City’s notice shall specifically state which maintenance tasks are to be
performed. If the Developer or the subsequent owner of the lots does not complete the
maintenance tasks within the required time period after such notice is given by the City, the City
shall have the right to enter upon the Easement Areas and such portions of the Property as may
reasonably be necessary to gain access to the Easement Areas to perform such maintenance tasks.
In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer
or the subsequent owner of the lots upon which the Stormwater Improvement is located, which
shall include all reasonable staff time, engineering and legal and other reasonable costs and
expenses incurred by the City. If the Developer or the subsequent owner of the lots fails to
reimburse the City for its costs and expenses in maintaining the Stormwater Improvements within
30 days of receipt of an invoice for such costs, the City shall have the right to assess the full cost
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thereof against the lots. The Developer, on behalf of itself and the subsequent owners of the lots,
acknowledges that the maintenance work performed by the City regarding the Stormwater
Improvements benefits the Property in an amount which exceeds the assessment and hereby waives
any right to hearing or notice and the right to appeal the assessments otherwise provided by
Minnesota Statutes, Chapter 429. Notwithstanding the foregoing, in the event of an emergency,
as determined by the City Engineer, the 30-day notice requirement to the Developer or the
subsequent owner of the lots for failure to perform maintenance tasks shall be and hereby is waived
in its entirety by the Developer and the subsequent owner of the lots, and the Developer or the
subsequent owner of the lots shall reimburse the City and be subject to assessment for any expense
so incurred by the City in the same manner as if written notice as described above has been given.
5. Hold Harmless. The Developer for itself and the subsequent owner of each lot
hereby agrees to indemnify and hold harmless the City and its officials, agents, contractors and
employees against any and all claims, demands, losses, damages, and expenses (including
reasonable attorneys’ fees) arising out of or resulting from the Developer’s, or the Developer’s
agents’, contractors 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, contractors or employees or failure by the City,
its agents, contractors or employees to take any other prudent precautions, except to the extent of
intentional or grossly negligent acts of the City, its employees, agents, contractors and
representatives. In the event the City, upon the failure of the Developer or the subsequent owner
of the lots to comply with any conditions of this Agreement, performs said conditions pursuant to
its authority in this Agreement, the Developer or the subsequent owner of the lots shall indemnify
and hold harmless the City, its officials, employees, contractors, agents and representatives for its
own negligent acts in the performance of the Developer’s or the subsequent owner of the lot’s
required work under this Agreement, but this indemnification shall not extend to intentional or
grossly negligent acts of the City, its officials, employees, contractors, agents and representatives.
6. Costs of Enforcement. The Developer for itself and the subsequent owner of each
lot agrees to reimburse the City for all reasonable costs prudently incurred by the City in the
enforcement of this Agreement, or any portion thereof, including court costs and reasonable
attorneys’ fees after providing written notice to Developer or the subsequent owner of the lot and
a reasonable opportunity to cure.
7. Rights Not Exclusive. No right of the City under this Agreement shall be deemed
to be exclusive and the City shall retain all rights and powers it may have under Minnesota Statutes
Sections 444.16 to 444.21 to acquire, construct, reconstruct, extend, maintain and otherwise
improve the Stormwater Improvements.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by United States certified or registered mail, postage prepaid, and addressed
as follows:
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a) as to Developer: Lake West Devlopment, LLC
14525 Highway 7, Suite 265
Minnetonka, MN 55345
with a copy to: Attorney Name
Attorney Name
Attorney Address
Attorney Address
b) as to City: City of Chanhassen
___________________
___________________
Attn: City Manager
with a copy to: City Attorney Name
City Attorney Name
City Attorney Address
City Attorney Address
or at such other address as either party may from time to time notify the other in writing in
accordance with this paragraph.
9. Successors and Assigns. All duties and obligations of Developer under this
Agreement shall also be duties and obligations of subsequent owners of each lot within
GLENDALE DRIVE HOMES. The terms and conditions of this Agreement shall run with the
Property.
10. Effective Date. This Agreement shall be binding and effective as of the date first
written above.
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LAKE WEST DEVELOPMENT, LLC
By:
Curt J. Fretham
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF ___________ )
This instrument was acknowledged before me on ________________ 2017, by Curt J.
Fretham, Chief Manager, Lake West Development, LLC, a Minnesota limited liability company, on
behalf of the company.
____________________________________
Notary Public
CITY OF CHANHASSEN
By:
____________, Mayor
By:
____________, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ___ day of _________, 2017,
by ___________ and ________________, the Mayor and the City Clerk, respectively, of the City
of Chanhassen, a Minnesota municipal corporation, on behalf of the municipal corporation.
Notary Public
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This instrument drafted by:
Attorney Name
Attorney Nane
Attorney Address
Attorney Address
Attorney Phone Number
A-1
EXHIBIT A TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Property
The property to which this Stormwater Maintenance Agreement applies is legally described
as follows:
Lots 1, 2, 3, 4, and 5, all in GLENDALE DRIVE HOMES, Hennepin County, Minnesota.
B-1
EXHIBIT B TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Improvements to be Constructed
(Will Modify with final approved plan)
C-1
EXHIBIT C TO
STORMWATER MAINTENANCE AGREEMENT
Inspection and Maintenance Schedule
Stormwater Basins:
Inspection and maintenance shall be made consistent with the most recent version of the Minnesota
Stormwater Manual or other subsequent manual as dictated by the City. At the time of execution
of this Agreement, the schedule can be found in the Operation and maintenance of Infiltration
basing section of the Minnesota Stormwater Manual as follows: