Stormwater O&M Agreement Filtration Basin 2 Pleasent View PointSTORMWATER OPERATION & MAINTENANCE AGREEMENT
Filtration Basin 2 - Pleasant View Pointe
THIS AGREEMENT is made and entered into as of the _ day of 2025, by and
between Rachel Development INC, a Minnesota corporation, hereinafter referred to as the "Owner" and
the CITY OF CHANIIASSEN, 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 9, 10, I I, 12, and 13, Block 2, Pleasant View Pointe, Carver County, MN
("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 draintile system; 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 Filtration Basin 2 ("Stormwater Facilities") 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.
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B. The Owner is proposing construction and implementation of a filtration basin stormwater
(Best Management Practice) BMP syston within the Property; and
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 of the 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 Reportins. The Owner shall inspect the Stormwater Facilities 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. 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 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 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 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 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.
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6. Indemnification. 'l-his Agreement imposes no liability of any kind whatsoever on the City.
The Owner shall indemnifu 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 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 indernnif, 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 553 17
All notices given hereunder shall be deerned 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
Agreernent 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 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, 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
the Property and sh:rll be binding upon future owners of the Property
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Agreement shall run with
OWNER:
Rachel Development, Inc.,
a Minnesota corporation
By:
David Stradtman
Its: Vice President of Development
STATE OF MINNESOTA
COLINTY OF
by David Stradtman, the Vice President
corporation, on behalf of said entity.
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The foregoing instrument was acknowledged before me this _ day of
of Development of Rachel Development, frc., a Minnesota
2025,
Notary Public
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CITY:
CITY OF CHANHASSEN
By:
Elise Ryan,
By:
Laurie Hokkanen, City Manager
STATE OF MINNESOTA
COUNTY OF CARVER
3 of Jt l,lrl zoz$byday
Manager, of tn. C ity rf -C n unh as s en,
a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its
City Council.
Notary
DRAFTED BY:
City of Chanhassen
7700 Market Boulevard
P.O. Box 147
Chanhassen, MN 55317
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The foregoing instrument was acknowledged before me this
Elise Ryan and Laurie Hokkanen, respectively, the Mayor and City
EXHIBIT A
TO
STORIvIWATER MAINTENANCE AGREEMENT
Operations and Maintenance of Stormwater Facility
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.
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Inspection Date:
Property Name:
Stormwater Facility Maintenance Inspection Checklist
Time:
Address: Lot 10-12 Block 2 - Pleasant View Pointe
State (initials): MN Zip Code: 55317
A.M. / P.M.
City: Chanhassen
Owner Name:
(If applicable) Ovvner Change Since Last Inspected? 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
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BMP Functionality
aCheck that surface is trash/ debris-free.
Corrective action: If not, remove any
trash/debris immediately upon discovery.
ACheck for evidence of standing water. Standing
water should be drained within 48 hours of rain
event. If standing water persists past 48 hours
after rain event. One of the following activities
may be needed
Corrective Action:
A) Verify that all draintile is clear of
obstructions. If not jet or remove
obstructions.
B) Check outlets and inlet for blockages
C) Scari[, basin bottom to 24" .If scariffing
basin is unsuccessful basin bottom soil shall
be remediated with 24" of basin bottom
engineered material. See Exhibit B basin
cross section notes. Vegetate basin per
Exhibit B after above actions as required.
aMake sure there is adequate vegetation as called
for in the plan. See Exhibit B.
Inspection
Frequency
Maintenance
Needed?
Corrective Actions (if
necessary)
Inspection Items
Corrective Action: If lacking adequate
vegetation re-seed as required. Basin can be
mowed and maintained with surrounding turf.
Veriff that there is no noxious vegetation.
Example: 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
Check to make sure draintile is not clogged and
is free of debris.
Corrective Action: Clear draintile of any
clogging or debris if found.
A
Check to make sure that other stormwater
infrastructure is clean of dirt and sediment and
free of debris.
Corrective Action: If debris and or sediment is
found remove and dispose of properly.
a
Adjacent Area
Make sure there is no exposed sediment
discharging to basin. Bare soil/dirt washing into
basin is not allowed.
Corrective Action: If there is sediment in the
basin and/or adjacent exposed areas remove and
dispose of sediment and vegetate exposed soil
areas.
a
Check for adequate adjacent vegetation cover.
Surroundingarea shall be vegetated per plan.
See Exhibit B.
Corrective Action: If lacking sufficient
vegetation re-seed/sod as required per plan.
a
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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 _ I
Submit Inspection Report yearly to the City of Chanhassen Engineering Department. Attention to Joe
Seidl, Water Resources Engineer. jseidl@chanhassen.gov
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EXHIBIT B
STORN{WATER BMP EXHIBIT
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PLEASANT VIEW POINTE
EXHIBIT B - Filtration Basin 2 - Pleasant View Pointe
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MORTGAGE HOLDER 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 and recorded May 16, 2025 as Document No.
A786274 with the offices of the Carver 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
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
2025 by Jake Schoenberg, the Vice President of Tradition Capital Bank a Minnesota banking
corporation, on behalf of said entity.
Notary Public
DRA-FTED BY:
CAI/PBELL KxutsoN, r.*
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
Telephone: (65 l) 452-5000
AMP
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