Stormwater Maint. Agreement - Avienda ApartmentsDocument Number: A793777
Filed and/or Recorded on
Nov 21, 2025 2:56 PM
Office of the County Recorder/Registrar of Titles
Carver County, Minnesota
Kaaren Lewis, County Recorder
Deputy NV
Document Recording Fees $ 46.00
Document Total $ 46.00
Requesting Party: Custom Home Builders Title, LLC
Pages: 11
This cover page has been added to this document by Carver County Land Records
and is now an official part of this recorded document
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
THIS AGREEMENT is made and entered into as of the day of
2025, by and between AVIENDA APARTMENTS OWNER, LLC, a Delaware limited liability
company (the "Owner") and the CITY OF CHANHASSEN, a Minnesota municipal corporation
(the "City").
RECITALS
A. The Owner is the owner of certain real property located in Carver County,
Minnesota legally described as Lot 1, Block 1, Avienda Apartments, Carver County, Minnesota
("Property"); and
B. The Owner is proceeding to develop the Property; and
C. The final plans for the Avienda Apartments final plat, ("Plans"), which are
expressly made a part hereof, as approved or to be approved by the City, provides for
detention/retention of stormwater within the confines of the Property; 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 stormwater management/BMP facilities
("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the
Owner as a condition of final plat 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.
G. The parties acknowledge that the Owner intends to assign this Agreement to a
homeowner's association that will be formed to acquire the common elements, including but not
limited to the Stormwater Facilities, and manage the common interest community.
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 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 built" for the Stormwater Facilities within 1 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 of the Stormwater Facilities from time -to -time, including but not limited
to, Owner and its successors and assigns (collectively, but each only during their period of
ownership, the "Responsible Party") shall adequately maintain the Stormwater Facilities in
accordance with the Stormwater Maintenance Plan and the City engineering standards for
stormwater treatment facilities attached hereto as Exhibit B. This includes all 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 deemed as good working condition so that these 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 in Exhibit B, schedule will be followed and
comply with all federal, state, and local regulations relating to the disposal of material.
3. Inspection and Reporting. The Responsible Party shall cause the Stormwater
Facilities to be inspected 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, berms, outlet structure,
pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A
storage treatment basin will be considered inadequate if it is not compliant with all requirements
of the approved Plan and City engineering standards set forth in Exhibit B.
4. Operator as Responsible Party. Notwithstanding anything in this Agreement to
the contrary, the City acknowledges and agrees that the Owner's maintenance, inspection, and
reporting obligations with respect to the Stormwater Facilities may be delegated to the "Operator"
under that certain Avienda Declaration of Reciprocal Easements and Operating Agreement dated
as of December 29, 2022, and recorded in the Office of the County Recorder in and for Carver
County, Minnesota on December 29, 2022 as Document No. A756037, as amended by that certain
First Amendment to Avienda Declaration of Reciprocal Easements and Operating Agreement
dated May 21, 2025, and recorded in the Office of the County Recorder in and for Carver County,
Minnesota on May 22, 2025 as Document No. A786585, as further amended by that certain Second
Amendment to Avienda Declaration of Reciprocal Easements and Operating Agreement dated
September 4, 2025, and recorded in the Office of the County Recorder in and for Carver County,
Minnesota on September 5, 2025 as Document No. A790584, and as further amended by that
certain Third Amendment to Avienda Declaration of Reciprocal Easements and Operating
Agreement dated October 24, 2025 and recorded in the Office of the County Recorder in and for
Carver County, Minnesota on October 27, 2025 as Document No. A792655 (collectively, the
"Declaration"), and that the Operator's maintenance, inspection, and reporting of the Stormwater
Facilities pursuant to the terms and conditions of the Declaration shall be deemed to discharge the
Responsible Party's maintenance, inspection, and reporting obligations with respect to the
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Stormwater Facilities hereunder provided that such maintenance, inspecting, and reporting by the
Operator satisfies the maintenance, inspection, and reporting standards and requirements set forth
herein.
5. City Access and Maintenance Rights.
A. The Owner hereby grants permission to the City, its authorized agents and
employees, to enter upon the Property and to inspect the stormwater managementlBMP facilities
whenever the City deems necessary. The City shall provide the Responsible Party, its successors
and assigns, copies of the inspection findings and a directive to commence with the repairs if
necessary ("Inspection Report").
B. In the event the Responsible Party, its successors and assigns, 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 Responsible Party 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 Responsible Party's property taxes, to the
Responsible Party. 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, Responsible Parry agrees that it is, and will be, solely responsible to address
complaints and legal claims brought by any third parry with regard to the maintenance and
operation and the consequences there from the Stormwater Facilities. The Responsible Parry 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.
6. Reimbursement of Costs. The Responsible Party shall reimburse the City for all
costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including
court costs and reasonable attorneys' fees.
7. Indemnification. This Agreement imposes no liability of any kind whatsoever on
the City. The Responsible Parry shall indemnify and hold harmless the City and its officials,
employees, agents, contractors, and volunteers against any and all claims, demands, losses,
damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the
Responsible Parry or the Responsible Party's agents' or employee's 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 officials, employees,
agents, contractors, or volunteers, or failure by the City, its officials, employees, agents
contractors, or volunteers to take any other prudent precautions. In the event the City, upon the
failure of the Responsible Party to comply with any conditions of this Agreement, performs said
conditions pursuant to its authority in this Agreement, the Responsible Party shall indemnify and
hold harmless the City, its employees, agents and representatives from any cost, damage or harm,
except to the extent resulting from its or their own negligent acts in the performance of the
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Responsible Parry's required work under this Agreement. Failure to perform any of the
Responsible Parry's required work shall not be considered negligence by the City, its employees,
agents or representatives.
8. 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: Avienda Apartments Owner, LLC
7803 Glenroy Road, Suite 200
Bloomington, MN 55439
Attn: Legal Department
To the City: City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
Attn: City Manager
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.
9. Successors/Covenants Run with Property. All duties and obligations of Owner
under this Agreement shall also be duties and obligations of Owner's successors and assigns. The
terms and conditions of this Agreement shall run with the Property.
[Remainder of page intentionally left blank]
[Signature pages (2) follow]
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PROPERTY OWNER:
AVIENDA APARTMENTS OWNER, LLC
a Delaware limited liability company
By: Avienda Apartments Venture, LLC
a Delaware limited liability company
Its: Sole Member
By: IDP Avienda, LLC
a Minnesota limited liability company
Its: Managing Member
I
By: nV Wi ,
Print Name: Anne Behrendt
Its: Authorized Signer
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 1Z day of November, 2025, by
Anne Behrendt, as Authorized Signer of IDP Avienda, LLC, a Minnesota limited liability company, as
Managing Member of Avienda Apartments Venture, LLC, a Delaware limited liability company, as
Sole Member of AVIENDA APARTMENTS OWNER, LLC, a Delaware limited liability company,
on behalf of the entity.
Notary Public
PATRICIA D. NEUMANN
-~ Notary Public-Minnesota
:-1 My Commisslon Expires Jan 31, 2027
5
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(SEAL)
STATE OF MINNESOTA
)SS.
COUNTY OF CARVER
CITY OF CHANHASSEN
By: #jA'a'&A
Elise Ryan, Mayor
And: -1'1�
Laurie Hokkanen, City Manager
The foregoing instrument was acknowledged before me this day of V)ijj j, ,
2025, by Elise Ryan and by 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 Pub is
JENNIFER qNN POTTER
Notary :�- Y Public -
MY Commlasion Expi-Minnesota
res Jan 31, 2027
THIS INSTRUMENT WAS DRAFTED BY:
CAWBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AW/amt
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EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
STORMWATER BMP EXHIBIT
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EXHIBIT B
TO
STORMWATER MAINTENANCE AGREEMENT
Stormwater Facility Operation and Maintenance Plan 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 B 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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2._Inspection & Maintenance Activities- Underground Storm Chamber System & Storm Water Conveyance
system
These inspections should be completed every 3-6 months and after a significant rainfall event unless otherwise noted.
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Maintenance
Maintenance
Actions
Inspection Activity Observations
Procedure/Frequency
Required
Completed
/N
1. 1. Visual inspection of
Removetrash and debris from
� gdrairearea Le.
structure as outlined by
parking lots and open space, for
manufacturers recommendation
trash and debris and erosion.
Completed by:
Date:
2. Measure and record depth of
Remove any floatables,
sediment at sump manholes,
accumulated trash or debris.
access risers, and/or
Clean out system using a JetVac
observation ports of
A) A fixed culvert cleaning
underground system. If the
nozzle with rear facing nozzle
average depth of sediment is
spread of 45 inches or
at or above, 3 inch depth
more is preferable
clean as indicated.
B) Apply multiple passes of
JetVac until backffush water is
clean
C) Vacuum manhole sump as required
Completed by:
Date:
3.Oil accumulation in device(s)
Remove oil from water surface using
method outlined by manufacturer's
recommendation
Completed by:
Date:
4. Usual inspection of internal
Dependent on type of damage; Repair
components of device
structure per manufacturers
recommendations
Completed by:
Date:
5. Inspect storm water
Repair impacted BMP component per
conveyance system components
original plans
(inlets, outlets, catch basins,
manholes, vegetated swale(s) &
outlet control structure) to
ensure good condition and no
Completed by:
evidence of erosion or sediment
deposits.
Date:
6_ Inspect surface above
Repair/replace system per original
system for cracks, settling or
plans
loose soils.
Completed by:
Date:
These are general inspectionlmaintenance items that should be completed with every Storm Chamber System. Visit Manufacturer's website for
a copy of the most current and in-depth system specific inspection/maintenance list.
www.QvjlSiteQrou@,g= 5000 Glenwood Ave Golden Valley ® Minnesota � 55422 (612) 615-0060
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MORTGAGE HOLDER CONSENT
TO
STORMWATER MAINTENANCE AGREEMENT
FIRST INTERNATIONAL BANK & TRUST, a North Dakota banking corporation, which
holds a mortgage executed by AVIENDA APARTMENTS OWNER, LLC, a Delaware limited liability
company, mortgagee, in favor of FIRST INTERNATIONAL BANK & TRUST, a North Dakota
banking corporation, in the original principal amount of $85,000,000.00, dated October 24, 2025, filed
October 27, 2025 with the Office of the County Recorder, Carver County, Minnesota, as Document No.
A792665, on the subject property, the development of which is governed by the foregoing Stormwater
Maintenance Agreement, agrees that the Stormwater Maintenance Agreement shall remain in full force
and effect even if it forecloses on its mortgage.
Dated this /S day of , 2025.
FIRST INTERNATIONAL BANK & TRUST, a
North Dakota banking corporation
By:
Andrew Meelberg
Its: Senior Vice President
STATE OF MINNESOTA )
)SS.
COUNTY OF BENNEPIN )
The foregoing instrument was acknowledged before me this i day of
, 2025, by Andrew Meelberg, a Senior Vice President of FIRST
INTERNATIONAL BANK & U a=Lumapas
corporation, on behalf of said entity.
(*MyumapasnnesotaublicC495910500031pires 01I31/2029
N Y P LIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/amt
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