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
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I
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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
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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
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6.' {r )E rh5ll.lra. Fr&d Paxr u ct {r.d .r
toia gru tsn
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{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!
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'aatEat.- trllad 'Mlrb.lirmo lnrrl.-