Stormwater Wetland Buffer Agreement Pleasent View PointSTORIUWATER WETLAND BUFFER . MAINTENAN CE AGREEMENT
Storm Water Wetland Buffer - Pleasant View Pointe
THIS AGREEMENT is made and entered into as of the _ day of 2025, by and
between Rachel Developmen! INC, a Minnesota corporation, hereinafter referred to as the o'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 as follows:
Lots 3, 4, 5, 6, and 7, Block l, Pleasant View Pointe, Carver County, MN
("Property"); and
B. The Owner is proposing construction and implementation of a City maintained Storm
Water Wetland (Best Management Practice) BMP system within the Propertyi and
C. The submitted permit application, hereinafter called the "Plans", which are expressly made
a put hereof, as approved by the City, provides for filtration of stormwater within the confines of the
Property within a storm water wetland; 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 Propertyi and
E. The City requires that on-site Storm Water Wetland Buffer ("Stormwater Facilities
Buffer") as shown on the Plans be constructed and adequately maintained by the Owner as a condition of
final plan approval; and
F. The Owner is required to enter into this Agreement as a condition of final 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:
l. Construction of Stormwater Improvements. Owner shall construct the Stormwater
Facilities in accordance with the plans and specifications identified in the Plan.
218524v5
44'78785.v4
A. The Owner shall adequately maintain the Stormwater Facilities Buffer in accordance with
the standards outlined in Exhibit A.
B. The Owner will perform the work necessary to keep the Stormwater Facilities Buffer in
compliance with the maintenance goals outlined in Exhibit A
3. Inspection and Reportins. The Owner shall inspect the Stormwater Facilities Buffer and
submit an inspection report annually and shall be responsible for the payment of any associated costs. The
pu{pose of the inspection is to monitor the amount and quality of the buffer vegetation. The inspection
shall cover the entire buffer. Deficiencies shall be noted in the inspection report set forth in Exhibit A.
4. Citv 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 Buffer 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. In the event the Owner fails to maintain the Stormwater Facilities Buffer, and such lack of
maintenance 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 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 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
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 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 indemniff 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
218524v5
4478785.v4
2. Maintenance of Stormwater Wetland Buffer.
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 ofthis Agreement, performs said conditions pursuant to its authority
in this Agreement, the Owner shall indemnifu 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:Rachel Development, Inc.
Attention: Paul Robinson
4180 Napier Court NE
St. Michael, MN 55376
To the City:City of Chanhassen
Attention: Water Resources Engineer
7700 Market Boulevard
P.O. Box 147
Chanhassen, Minnesota 55317
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 Propertv. 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. Notwithstanding the
foregoing, in connection with the development of the Property, a declaration will be recorded against the
Property that will establish a homeowner's association to govem 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, such association, as Owner's assign hereunder, shall thereafter become the responsible party
hereto.
9. Covenants Run with Propertv. The terms and conditions of this Agreement shall run with
the Property and shall be binding upon future owners of the Property.
fRemainder of page intentionally left blank.
Signa tur e p ag e fo ll ow s.)
218524v5
4478785.v4
OWNER:
Rachel Development, Inc.,
a Minnesota corporation
By:
David Stradtman
Its: Vice President of Development
STATE OF MINNESOTA
COLTNTY OF
The foregoing instrument was acknowledged before me this _ day of 2025,
by David Stradtman, the Vice President of Development of Rachel Development, Inc., a Minnesota
corporation, on behalf of said entity.
Notary Public
218524v5
4478785.v4
)
)
)
SS.
CITY:
CITY OF CHANHASSEN
By:
Ryan,
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA
COLINTY OF CARVER
of ftltlu.2o$,by
Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City Manager, of the Citylof Chanhassen,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council
Notary Public
ANN POTIER
Expiros Jen 31,2027
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
218524v5
44',78785.v4
a
)
)ss.
)
The foregoing instrument was acknowledged before me this 9A auy
EXHIBIT A
TO
STORIUWATER MAINTENANCE AGREEMENT
Maintenance of Stormwater Facility Buffer
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 F acility Buffer.
The following outlines the general parameters to evaluate the ongoing compliance of the buffer.
1. Installation
a. lnitial and remedial planting of native vegetation should be completed and continued as needed
and as shown in the approved plans. At a minimum using the following BWSR native seed mixes
or equivalent.
i. Where appropriate, BWSR seed mix 33-261(Pond Side Slope) or between the NWL and
IIWL of the pond.
ii. Where appropriate, BWSR seed mix 35-242 (Mesic Prairie General) or similar within
buffer areas above the HWL of the pond.
iii. Where applicable, seeded areas shall be mulched with MN/DOT Type 3 (MICA certified
weed free grain straw) mulch at arate of 2 tons per acre and the mulch shall be anchored
with a disc or tackifier or hydroseeded as approved by City staff
2. Maintenance - Initial Establishment 1-3 years
a. Keep erosion control in place until initial stabilization.
b. Provide for 3 years of maintenance post installation, including but is not limited to:
i. Mowing, where possible two times during the first growing season and before September
30 to a height of approximately 4 to 6 inches.
ii. Mowing to a height of 6 to 8 inches between June I and July 15 to allow for light
penetration to seed species and prevent seed set on weedy species where possible during
the following growing seasons.
iii. Spot Spraying invasive species in the disturbed/seeded buffers areas twice annually.
iv. Bi-Annual mowing for weed control and or use of fire if possible based on proximity to
homes, wind, or other conditions that will not allow for mowing.
3. Maintenance - Ongoing to be completed by llomeowner's Association
a. Annually inspecting and monitoring the storm water wetland and adjacent buffer and developing
a plan of action to maintain a healthy permanent vegetation. This may include:
i. Annually spot spraying as needed control invasive species (Narrow leaf cattail if
established will not be controlled).
ii. Mowing as needed to promote the growth of native species.
iii. Seeding any areas if disturbed or not established after the initial three years.
218524v5
4478785.v4
4. Performance Goals
a. All vegetated areas have at least 90% vegetative cover.
b. Vegetative cover should have at least 50-70% cover by native species
c. Noxious weeds and invasive species should not exceed 20%o cover.
218524v5
44'78'185.v4
Inspection Date:
Property Name:
Block 1, Pleasant View Pointe
City: Chanhassen State (initials): MN
OwnerName:
Stormwater Facility Maintenance Inspection Checklist
Time:
Address: Storm Water Bufler area within lots 5,6,7
A.M. / P.M.
Zip Code:55317
(If applicable) Owner Change Since Last lnspected? Y / N
Email Address: Phone Number:
Site Conditions:Rainfall in Last 24-48 Hours? Y / N
*Inspection Frequency Key :
A: annual (required); Q: quarterly (recommended); S : post-storm event (recommended); M: monthly
*Maintenance x : Needs immediate attention; ./ -- O.K.; N/A : Not Applicable; ? = Clarification Needed
218524v5
44'78785.v4
BilIP Functionality
aCheck that buffer is trash/ debris-free.
Corrective action: If not, remove any
trash/debris immediately upon discovery.
aMake sure there is adequate vegetation as called
for in the plan. See performance goals in Exhibit
A and location and mix in Exhibit B.
Corrective Action: If lacking adequate
vegetation re-seed as required. Basin can be
mowed and maintained with surrounding turf.
Veri$ that there is no noxious vegetation. See
performance goals in this Exhibit A.
See Minnesota Department of Agriculture for
full list of noxious weeds.
Corrective action: If noxious vegetation exists,
Control and/or remove any noxious vegetation
as provided for in the guidance by the Minnesota
Department of Agriculture and vegetate per plan.
a
Corrective Actions (if
necessary)
Inspection Items Inspection
Frequency
Maintenance
Needed?
Adjacent Area
Check for adequate adjacent vegetation cover
Surrounding area shall be vegetated per plan.
See Exhibit B.
Corrective Action: If lacking sufficient
vegetation re-seed/sod as required per plan.
a
Make sure berm(s) have integrity: no sediment
erosion and have not washed out.
Corrective Action: If lacking integrity or are
eroding re-grade/shape per plan.
a
Additional Comments:
Inspector Name (Print):
Inspector Signature:
Estimated Date of Next Inspection: _ I _l
Submit Inspection Report yearly to the City of Chanhassen Engineering Department. Attention to Joe
Seidl, Water Resources Engineer. jseidl@chanhassen.gov
218524v5
4478785.v4
EXHIBIT B
STORMWATER BMP EXHIBIT
(
(
I
=---k
I
I
I
\I -zJ--(
><.n<-_---,,
I
-t
-D
__F
-_D =\--tr
\
r
I
-+
+
(
\
-'\ \BUFIER AREA TO
BE MAINTAINED
BY HOA
+
l+
L
!--!D1+++
+
YEAR
I
I
I
L
-i-r
I
_)
(
I
I
I
BUFFER AREA TO
BE MAINTAINED
BY HOA
I
/
I
I
J
\
\
I
I
EXHIBIT B - Storm Waler Wetland Butler - Pleasant View Pointe
N
0
t-F:-
o' 50" 60'
DALt O7/O2/2O23
DRAttN 8Yi IAS
SCAIET r" r 60'
CHANHASSEN, MN
o
ALLIANT
lfaaatattra
F ls L@tlonr Xi\,t0OO3aLOO(,0'1130 Exhihb\Oal|nFlhbn ?t.rEfi - 1 6110 Flo{ld By: Tyx Sttldm 6 fff 2, 2025 rl l0:5a:51 AM
218524v5
4478785.v4
I
\
I
I
\
4
I
I
I
PLEASANT VIEW RD
r---'{
fiTORSilWT .IENWfI
\
l
I
i
I
I
I
,/i
,//'7
I
I
I
I
I
I
6 5
\(.
,- _-:(i{'{
MORTGAGE IIOLDER CONSENT
TO STORMWATER MAINTENANCE AGREEMENT
Tradition Capital Bank, a Minnesota banking corporation which holds a Mortgage on all or
part of the Property more particularly described in the foregoing Stormwater Maintenance
Agreement, which Mortgage is dated May 15, 2025 andrecorded May 16, 2025 as Document No.
A186274 with the offices of the Cawer County Recorder/Registrar of Titles, Minnesota, for good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does
hereby join in, consents to, and is subject to the foregoing Stormwater Maintenance Agreement.
Tradition Capital Bank,
a Minnesota banking corporation
By:
Jake Schoenberg
Its Vice President
STATE OF MINNESOTA
COI.INTY OF
The foregoing instrument was acknow
2025 by Jake Schoenberg, the Vice President
corporation, on behalf of said entity.
ledged before me this day of
of Tradition Capital Bank a Minnesota banking
Notary Public
DRAFTED BY:
CAMPBELLKNUTSON, P.A.
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
218524v5
4478785.v4
SS
)
(
)