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13. Storm Water Maintenance AgreementTHIS AGREEMENT is made and entered into as of tfre lb aay of NwurW 202l,by arrd between KRAUS-AI{DERSON, INCORPORATED, a Minnesota corporation, hereinafter referred to as the "Owner" and the CITY OF CHANHASSEN, a Minnesota munic@ corporation, hereirnfter 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: ("Property"); and B. The Owner is proposing construction and implementation of a StormTech system and Rain Guardian (Best Management Practice) BMP systems 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 of stormwater within the confines of the Property via a BayFilter device; 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 StormTech system, BayFilter, and water reuse system ("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the Owner and that this Agreement be executed as a condition of metes and bounds subdivision 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 an4 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 receip and suffrciency of which are hereby acknowledged" the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct or arrange for the construction of the Stormwater Facilities in accordance with the plans and specifications identified in the Plan. 1 218770,r2 STOR]TIWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES Lot 2, Block 1, CROSSROADS OF CHANHASSEN, according to the recorded plat thereof, Carver County, Minnesota 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 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. 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 ofany associated costs. The purpose ofthe inspection is to assure safe and proper ftrnctioning of the facilities. The inspection shall cover the entire facilities. Deficiencies shall be noted in the inspection report set forth in Exhibit A. 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. ln 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 tl-re 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 ofpermanent natue outside ofthe 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. ln 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 attomeys' fees. 2 218'170v2 4. Citv Access and Maintenance Rishts. 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnifr and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attomeys' 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 ofthe 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 indemnifr 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: Kraus-Anderson, lncorporated Attention: Crossroads of Chanhassen Property Manager 501 South 86 Street Minneapolis, MN. 554M To the City:City of Chanhassen Attention: Water Resources Coordinator 7700 Market Boulevard P.O. Box 147 Chanhassen, Minnesota 553 1 7 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. In connection with the development of the Property, Owner, or its successors or assigns, shall record a declaration against the Property to govem certain matters relating to the Property under the terms of such declaration which shall include the obligation to comply with the terms of this Agreement. 9- Covenants Run with Pro nertv The terms and cond't'ons of this Agreement shall run with the Property and shall be binding upon future ownen ofthe Property. [signatures appear on the following pages] 3 To the Owner: 218'77Ov2 IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date and year first written above. OWNER: Kraus-Anderson, lncorporated, a Minnesota corporation By: Bruce W. Its Chief Officer STATE OF MINNESOTA COUNTY OF HENNEPIN SS. ) ) ) The foregoing instrument was acknowledged before me thi "Vtau1 of Nr.tVomb-o.l .2021, by Bruce W. Engelsma, the Chief Executive Officer of Kraus-Andersoq Incorporated, a Minnesota corporation, on behalfof said entity. ./t'fuc*cr-u N\drc,; TRACEY JANE MARTIN Notrry Public Sllto o, Minnaaot! Notary fuUtic J Mv Commllsion ExPi JsnuErY 31, 2025@ t6s 4 218770\2 L_ CITY: CITY OF CIIANHASSEN By Elise Ryan, Mayor By: Hokkanen, City Manager KIM T. MEUWISSEN Notary Public-Minnasota Corfi*tsron €It rE J't 31,2@5 STATE OF MINNESOTA ) colJNTY oF .ARVER ]'- The foregoing instrument was acknowledged before -",r,i, -!&]uy or ilou.tLr: 202l,by Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City [4anager, ofthe City ofChanhassen, a Minnesota municipal corporation, on behalfofthe corporation and pursuant to the authority ganted by its City Council. DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 553 l7 N 5 218'770v2 \ E)ftIIBIT A: STORMWATER MAINTENANCE PLANS AND PRACTICES a. Pretreatment structures. Rain Guardians and sump manholes will be inspected in the spring, surnmer and fall of each year. All sediment and debris will be removed as needed such tJrat the stormwater facilities operate as designed and permitted. b. BayFilter. The BayFilter shall be inspected every six (6) months and be maintained as specified or recommended by the manufacturer and/or installer and as described in Exhibit C. c. \flater reuse system. Water reuse system will be inspected at least annually and maintained as specified or recommended by the manufacturer and/or installer and as described in Exhibit D. d. StormTech with Isolator Row. The StormTech chamber system will be inspected at least annually and maintained as specified or recommended by the manufacturer and/or installer and as described in Exhibit E. 6 218770\2 STOR\n\"{Tf R F.{C'ILITY I\SPEC TIO\ FOR\I Crossloads of ('hanhasseu - Stolmrraler Iuspection Log Derice Gener.al Inlet Outlet \-egetatiorr ]Iulcb \Iaintenance Required Rain Guardian I Rain Gualdian 2 Rnitr Gualdian 3 Rain Gual'diau { 218770v2 7 Derice General Inlet Outlet \.egetation ]Iulch Jlainteuance Requit'ed Sump llanhole 1 Sump ]Ianhole 2 BatFilter Isolatol Ron' \l-ater Reuse S}'stem Nalrc of inspcctors:Date Presious inspection date : Ncxt schcduled iuspcction: NOTES: 8 218770v2 EXHIBIT B STORMWATERBMP EXHIBIT -t i I I I I I I I I I II __l I L I I I _l 0'80 160 I + WAIER REUS€ 5Y5TEM t lltJbstryood CHANHASSEN RETAIL CHAliHASSll\r MN STORMWATER FACITITIES MAP s'IEI ?IUMAtK EXHIBIT B 9 2187'70v2 - - EXHIBIT C BAIT'ILTER MAINTANCE aaYtavER tECHraoLoGlc!, tt{c. Maintenance of the BayFilterril System Thc BayI'ilterw sysrcm rcquircs pcriodic mainrcnancc ro continue opcrating ar thc dcsign efficicncr'. Thc maintcnance prrrcess comprises thc rcmoval and replacement of cach BayF'iltcr cartridge and &ain dos'n raodulc and the clcaning of thc vault or manholc with a rzcuum mrck. BavFilterN maintqrancc should be performed bl a Bal6aver Technologies, Ioc. cenified maintenance conttactor. Thc maintcnencc crrlc of thc Ba,vF'iltcr srstcm vill be drir-cn mosdy b-r: thc actual solids load on the Elter. Thc slstem should be periodica.lll' monirored to be ccnain it is operatiog corectly. Siocc stolmvzter solids loads can bc variable, it is possible that the maintenance q'cle could be more or less than thc projected duntion. Thc BayFiltcr svsrcms in New l)cvclopment applications are dcsigncd to trcat the \X'Qv in 24 hours initiallv. I-ats in thc crrle these camidges s'ill flou' at a slon'er rate, and *-hen thc ri('Qv d<xs not d.rain dos'n uithin +/- 40 houn after the storm event. the s,r'stem must be maintained. Vtrcn a BarFiltcrru slstcm is first installcd, it is rccommcndcd that it bc inspcctcd cvcry sit (6) mooths. r&hen the filtcr srstem exhibits florrs belorx'dcsign ler-els thc systcm should trc roainaincd. Filter certridgc replacement should also be considered when scdiment levels are at or abole the letel of the 4 inch manifold systcm. Pleasc contect the BavSavcr 'fechnologies Inc. Iingineering Dcpanment for maintenancc crrlc cstimadons or assistancc at 1.8t .229.12a3. 22 218770v2 10 Ghapter BAYAAVER TECHXOLOGIEA, tXC. Maintenance Procedures 3. UsingJ a vacuum truck rcmovc alr liquid and scdimcnts drat can bc re movcd prior to entrr. 4. Using a small lift or the txxrm of the vacuum truck, remove the uscd canridges b1' lifting them out. 5. Anv cemidges that cannot bc readily liftcd direcdy out of thc rzulr should bc removed from thcir location and carricd to thc lifting point using the Troller system instdled in the Vault (if applicable). 6. \\hen all cartridges and drain dor*'n modules are removed, remove thc balancc of thc solids and watcr; thcn looscn thc stainlcss clamps on the Fcmco couplings in thc pipe manitbld; removc the drain pipes as u'cll Carcfully cap thc manif<rld and the Femco's and rinse the floor removing the balancc of thc collected solids. 7. Clcan thc manifolcl pipcs, inspcct, and rcinstall. 8. Install thc exchange canridges and close all covcrs. 9. Thc used cartridges must bc scnt back to BaySavcr Tcchnologics, Inc. for cxchange/recvcling and credit on undamaged units. 23 218710v2 l1 1, Remove the manhole covers and open all access hatches. 2. Before entering the svstem make sure thc air is safe per OSH.'\ Staodards or usc a breathing apparatus. Llse low Or, high CO, or othcr applicablc waming dcrices pcr rcgulaton rcquirements. EXHIBIT D WATER REUSE SYSTEM MAINTENANCE Collection surfaces shall be inspected annually to identify sources of contamination. Roof tops should be kept free and clear of debris and kept in good repair. Storage tanks shall be inspected periodically during operation to monitor for growth of microorganisms, presence of mosquitos, or formation of sludge. Sediment accumulation should be monitored monthly during the first year of operation to determine rate of accumulation and expected cleaning frequency. Sediment shall be removed when the sediment storage volume has reached 50% of capacity. Tank shall be monitored once a year to ensure the inlet is clean and free of obstruction and there is no evidence of leaks. General condition of the distribution system components shall be inspected annually at spring startup and tested per manufacturer's guidelines. Monitoring, maintenance, and repair of pumps, pipes, and controls may require a certified or licensed professional. Distribution system components shall be repaired or replaced as needed to maintain performance of the water reuse system. 218710t2 t2 The volume of runoff reused for irrigation shall be monitored, and the recorded volume submitted to the watershed annually for five years. EXHIBIT E STORMTECH ISOLATOR ROW MAINTAI\CE ISOLAT INSPEC lNSPECNON The nBquerEy ol inrp€clion and rEinteoarrce vari6 by location. A routine inspeclbn schodul€ neods lo b€ ostablbhed ,or 6ach individual location bas€d upo.r lite sp€cilic variau€. The typ€ q( hnd ure 0.e. industrial, csmnE qi.l, nEil€. h0, anticip.td poftnad lood, p€.ceri amp€rvlousneas, clirnate, etc. rll play a cniti=l role h determinirE the aci.El trsqueflcy ol inspection erd rleilltorlance pr&tics3. At a minimunl Sto.mToch r€commends annual inspoctbfls. lnidtlly, It|e boho. Rory sllould be iGpected 6t ory 6 mo.thr lo. the 6r3t yed ol oper.tixr. For 3ubaequeit yeaa!. the inspectixr sholid be adiurted baled upoo prwionc o&ervation olg€dim€flt d€po6ition. tr TTENA Tho lsolalor Rotv incorporates a combination of.tarldad r|antElo(s) and rtratoqically bcatod insp€ction po.tg (!s no€dod). The insp€ctioo ports allovr lor oasy acc€ss !o tro 3ystem lrorn trs curlaco, eliminaling lhe nosd to perfoam a coafingd spaca gitry toa inspect o,r pu,pG6. f upon visua, inspoctio.t it b folrnd that edimont has e'lmulated, . stadia rod .nodd be hrorted to det€rmi.e tho dsplh ol sodiment lryhen lhe aw..ge depth ol gedlment o(ceeds 3 lnct|€s thror8hort th6 longrh ol the lsolator Bor, cl€an-out should be perroanFd. t,AIMfEI{ANCE Thc llolator Row was dGign€d to rsduco ItE co6t ol p€.*nic ,rEintonrnce. By "isolating' lodirnenB to iun one ,ow, coslt are dramatirly iEduced by eliminatiig tfE n€ed to cl€an od eah row ot tlle eitire storEe bed. f iEpeclirn indicd€s the pdentia{ need io. riaintenance! acc€.s ir prc,yued via a r'lanholeG) bcded on tno 6rld(s) ol tho,!w ior ddnout. tf ontry i{o tro.i.rrrob i! r€quirsd, pfaas€ bfion locd and OSHA rule. io. a co.lfrled spaco €nti€a. Maintenanco i! eornd6h€d with th€ Jowac proo6s" The Jslvac proces6 ulilhQ ! high p.€csure rvder node b pr@d itsdt down the lsoLtor Borv whib scouring 8nd srsp€oding gsd,i€rts. Ar lh€ .rozds b rstrbwd, th. c.pdrpd pollutant3 arg 0nshod b*k irto tho nunhob for vrcr&mi.E. Mgst sorv€..rd fil€ rnalnls.E tca corrpsniG lra\,E vacrrurvJewe comtindirn v$ld€g. Sglgcfim ot an rpp.op.lab J€t\rac nozde will improva mainterErEa gfficj6ncy. Fixod nozzbs dor'ignd toa ojvrrls oa hrge dian€tar ]ripo cloaning arB p.ele6b*e. Rear laci.rg iet3 with an efHive sprerd ol at lerst,t5" .Ie b6t. Molt Jett &.e€k tEr.e too ieet ol ito6e allo*nE nrainbrl.ic6 of an llokbr Ros up b 50 cfiarnbe.s bog. Tho J.tt .c p.occat aha! or|t ba pertonnad oo StorrtTo.tr lsoho. Rou6 th.t h.cc AASHIO daac I mvqt goobrth (rt.peci6.d by SlorfiToch) ov.r UEir lrrguLr barc rlone. SlormTcch bol.tor Row (nof b scale) '\ik*/Vo.Fioln,r&tiro.Vy.Erildoan in&aprpeco.n c&.r atu Ut cd 4lot s.-t6OLP. N-t&.rrc-!fr.n trc<gcw .@1. sid is tbt tqti.d 6dd1,rana @.to. tut, 7 rlrtrtrtrl ,rillrtlrllrtlllli lllrl tll 218770v2 t3 T) St. -c.t STEP I lBpect bolrtoa Fow lbt ssdlmenL A) lolpctb.t porfs (f p.€E€rO l. B€flpw ld from i@r bo( tr.me ll. R€(rpw c+ tto.n hspoctlon ds{ lil. t sirg a lhahfidtf and db rcdrEasurr d€rfi ol sedlmo.n and r@(d rBs,llE on mamenanca bg. iv. f sedeneflt a * or abore 3 irc t d€pth, p.oceed to St€p 2. f not, proc€ad b Stsp 3. B) Al bofiror Rows i. Rarnor! corrr fiqn mrfido at upstsam €nd d bder Fow ii. U!&lg a tasl Eht, ilgp€q't doryn lroltur Row $rough ot t6t pipe 1. Miro.s on pol6s o. cainrrs mly be lE€d b arci, a conffi lpace 6flfy 2. Folow OSIIA r€gdatbns io. connod lpaca ontry it eoBitg mar$olo lii. lf ladlment b A or rbol,c tha los€r row oi dderr.! ,Fl€. (apprdrdy 3 Incfi€+ proc€od to SEp 2. lr,roa, p.oceod b Stsp 3. STEP 2 Ooan out kdsb Rory uCng the Jotlrac pIoca. A A lt)(3d noor cls.r{ng nde wtth rar lbchg noE e !p(E!d d 45 incfios or mor€ b prtrrablo Bl Appay multirb p.!s6 ot Jell/lc tr il b€ddfu$ r.,.b. b dar! q Vunm madlolG lurnp er r€qulr€d STEP 3 R€ols !|l carc, Ids rrd cow{q recdd obs€ .atlonE lrtd etqrs. STEP 4 lnspect & cban cdch basin! and rnanholes upgteam ot the StomToch ryrtem. SAMPLE MAINTENANCE LOG ffi tfrn Url!il lrm m[ffi - n rlI ri - t=::- 6.' {r )E rh5ll.lra. Fr&d Paxr u ct {r.d .r toia gru tsn 5.' fr {t r*k\ {..r, /&4, vrilr. u^ hhtoL .rd LhIto[.[; Rp.i, hrhl3.&.. &- ?/7/13 ci fr l5rta,rr -iftrd orrd vocl,r,rrra Dtl Eda.-lobi)'U-!.!riiaEtCl mrh Ir.t 2187'10v2 t4 ISOI.ATOR ROW STEP BY STEP MAINTENANCE PROCEDI'RES b (tH! I v **& ^k{EE x:dH.FrtE 'aatEat.- trllad 'Mlrb.lirmo lnrrl.-