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City Stormwater Maintenance Agreement - recorded
Document Number: A805792 Filed and/or Recorded on Sep 18, 2026 1:32 PM Office of the County Recorder/Registrar of Titles Carver County, Minnesota Kaaren Lewis, County Recorder Deputy TH/DL Document Recording Fees $ 46.00 Document Total $ 46.00 Requesting Party: CHB Title, LLC Pages: 13 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 iq day of �bV2026, by and between SV PROPERTY LLC, a Minnesota limited liability company, 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 in Exhibit A attached hereto ("Property"); and B. The Owner is proceeding to develop the Property and has received site plan approval for the Property; and C. The final plans for the Site Plan ("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 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 F. The City requires that on -site stormwater infrastructure including but not limited to the conveyance pipes, structures, ditches, filtration basins, wet ponds, natural channel, and reuse 239444v2 system ("Stormwater Facilities") as shown on the Plans be constructed and adequately maintained by the Owner as a condition of Site Plan approval; and G. The Owner is required to enter into this Agreement as a condition of Site Plan approval 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 sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stonnwater 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 B. The Owner shall submit to the City any updates with "as builts" for the Stormwater Facilities within 1 year of installation. If Plan modification 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 shall adequately maintain the Stonnwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for Stormwater treatment facilities attached hereto as Exhibit C. 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 stonnwater. Adequate maintenance is herein defined 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 C, 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 cause the Stormwater Facilities to be inspected and submit an inspection report amlually 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. 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 C. 4. City Access and Maintenance Rights. 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 2394442 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. In the event the Owner 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 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 equipments to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be perfonned. 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 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 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 attorneys' fees. 6. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner shall indemnify 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 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 indemnify 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: To the Owner: SV PROPERTY LLC CIO Ridgeline Partners Attention: Ryan Sailer 10650 Red Circle Drive, Suite 200 Minnetonka, MN 55343 (651)271-1230 239444v2 To the City: City of Chanhassen Attention: Water Resources Engineer 7700 Market Boulevard P.O. Box 147 Chanhassen, Miruiesota 55317 All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the snail properly addressed as provided herein. S. 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 Properly and establish a homeowner's association to govern certain matters relating to the Property under the terms of such declaration which shall include the obligation of the homeowner's association to comply with the terms of this Agreement. Effective upon the recording of the declaration against the Property and conveyance of a parcel within the Pioneer Ridge plat, such association, as Owner's assign hereunder, shall thereafter be a party hereto.] 9. Covenants Run with Property. The terms and conditions of this Agreement shall run with the Property and shall be binding upon future owners of the Property. [Remainder ofpage intentionally left blank. Signature page follows.] 239444v2 OWNER: SV PROPERTY LLC By: SV GP LLC, its Manager By: SV RP Manager LLC, its Managing Member e By: Sailer Its: Chief Manager STATE OF MINNESOTA ) ss. COUNTY OF Cb` rV vi ) The foregoing instrument was acknowledged before me this day of September, 2026, by Ryan Sailer, the Chief Manager of SV RP Manager LLC, which is the Managing Member of SV GP LLC, which is the Manager of SV Property LLC, a Minnesota limited liability company, on behalf of said entity. AMY K. WEIDMAN Notary Public -Minnesota My commission Expires Jan 31, 2027 Al YMA f / Notar3vublic 239444v2 CITY: CITY OF CHANHASSEN By: AM4!�SD Elise Ryan, Mayor IM STATE OF MINNESOTA ) )ss. COUNTY OF CARVER ) Laurie Hokkanen, City Manager The foregoing instrument was acknowledged before me this 1 h day of ; 2026, by Elise Ryan and 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 wanted by its Citv Council. nnnnnnrmnnnrmnn� I+f JENNIFER ANN POTTER Notary Public -Minnesota My Commission Expires Jan. 31, 2032 DRAFTED BY: City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 s Notary Public 239444v2 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Property Lot 2, Block 1, Saratoga 3rd Addition 239444v2 i9i n S pa w «� m� mmm m _,_:mm _ a, mm� __, E/ ®• R e R• ! |-_ SU31VMOV3H S1N2W1?]¥dV ¥?J2A V1N¥S )\| (; ° N } N EXHIBIT B Stormwater BMP Exhibit U�D M SARATOGa DRIVE (• �kl >W 3 gall Qi SANTA Ens '� `'e,I I��` ! -t � � 1:�• '- Z 8 � o � y � 1 � I r Qa= NS �1 I I i I 3."''_ DEL _ RIO _ .. DRIVE A x " wur no: �� i- (nolMwAnY IEEE: n SnVCNIl1 /( y �.n` Iflnlll N � MAMMAN �2 �f 1�f.^r/ IAIW ?� Oww41a iurenmu L` f WtCntlN roM Yrl r ..._,,....._.•r m..:. � ` � �! ,�.a 2`rl � .._,. �...r a �� © �EIIHSITB 239444v2 EXHIBIT C Stormwater Facility Operations and Maintenance Plan and Inspection Checldist The Owner, shall be vested with and shall be responsible for conducting an annual inspection of the stormwater facility as depicted 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. The owner shall complete checklist and submit maintenance inspection report to the City of Chanhassen annually. Email endelrt(axhanhassen.goy or mail to: Chanhassen Engineering Department 7700 Market Boulevard Chanhassen, MN 55317 Stormwater Facility Maintenance and Inspection Checldist Property Name: Santa Vera Apartments Property Address: 621 Santa Vera Dr. Inspection Date: Inspector: Date Last Inspected: *Inspection Frequency A = Annually BA = Bi-annually (spring & fall) M = Monthly M/A = Monthly for the first year after installation, then as needed or min. annually Maintenance Item Comments/Actions Required U5 14 �w 1. Debris Clean out Clear of trash and debris — North Basin Clear of trash and debris - South Basin 2. Vegetation Management Invasive vegetation present Maintain min. 80% surface area coverage free of erosion 3. Pond Outlets and Overflow Spillway 239444v2 Evidence of soil erosion on banks or contributing drainage areas and outlet — All Ponds Sediment build-up or blockage — All ponds . Roadways Street Sweeping BA Remove Debris & Sediment from Storm Inlets BA 5. Winter Maintenance Evaluate BMPs for snow & ice management o minimize chloride pollution Select deicer materials and application rates based on pavement temperature & trend Collect excess deicers from dry pavement and reuse during winter 6. Storm Sewer Sump Manholes Trash/debris, oils and sediment build-up. A Remove build-up when sump is >50% full 7. Stormwater Reuse Reference Owner's Manual for Checklist and BA Maintenance of the pump system Irrigation System — Check to ensure BA operational, winterize in the late fall. Confine all sprinkler heads are operational and check for leaks in the system. Vertical filter wall clogging. Verify area in A Tans is being irrigated. 8. Storm Sewer Infrastructure Inspect pipes, storm sewer structures and Flared end aprons for debris or sediment - Remove as needed. Inspect infrastructure and repair as needed. 9. Swales and Natural Channel Inspect Swales, remove debris as necessary, BA confirm there is not standing water. 239444v2 Natural Swale — Inspect for erosion issues, BA confirm landscape is alive and growing. Maintenance Actions Taken: [If any of the above items were marked "U" for unsatisfactory, explain the actions taken and time table for correction. Attach additional pages as necessary.] Additional Comments: (Send copy on an annual basis to City of Chanhassen at engdept@chanhassemmn.gov) 239444v2