2021-08-16 Stormwater Management AgreementRETURN TO:
Erin Carlson
313 Washington Ave S #1119
Minneapolis, MN 55415
Doc. No. A1480448
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
August 17, 2021 10:36 AM
Fee: $48.00
Tanva West, County Recorder
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this &aY g of August, 2021, by and between the CITY OF
ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the("City") and
Advanced Volumetric Alliance, LLC, a Minnesota Limited Liability Company, (hereinafter
referred to as the "Developer"). .
WHEREAS, the Developer is the fee owner of certain real property situated in the City of
Albertville, County of Wright, State of Minnesota legally described as Lot 1, Block 1, and Outlots
A, B and C, AVA Addition, according to the plat on file at the Wright County Recorder's Office,
Wright County, Minnesota (hereinafter referred to as the "Subject Property") which the Developer
has obtained the approval of the City for the development thereof; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Ponds (collectively "Stormwater Ponds") located within the
boundaries of the Subject Property as shown on Exhibit "A" attached hereto, as the same is
described and depicted in those certain Plans and Specifications for AVA Addition, as prepared by
Landform dated July 1, 2021, and on file with the City Clerk ("Plans").
WHEREAS, the City and Developer desire to set forth their understanding with respect to
the construction, repair and maintenance of the Stormwater Ponds and the responsibility relating
to the costs of the repair and maintenance of the Stormwater Ponds.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good, and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Ponds. The Developer agrees to
construct the Stormwater Ponds according to the Plans and repair and maintain the Stormwater
Ponds at its sole cost and expense. Maintenance of the Stormwater Ponds shall mean (i) monthly
inspections of the Stormwater Ponds and, if necessary, removal of all litter and debris, and
replacement of mulch, vegetation, and eroded areas to ensure establishment of healthy
functioning plant life therein; and (ii) an annual inspection, and certification, by a qualified
1
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individual or company acceptable to the City that the Stormwater Ponds are functioning in
accordance with the approved plans and have maintained the proper operation of the stormwater
treatment as a Stormwater Ponds according to the City Standards. If, as a result of an inspection
by a qualified individual or company acceptable to the City or City staff, it is determined that the
Stormwater Ponds (1) have not been maintained; or (2) are not functioning as originally designed
and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater Ponds
so that they function as they were designed and intended. The Developer further agrees that
they will not use the Stormwater Ponds for snow storage and will inform its snow removal
contractors of this provision of the Agreement.
Developer
shall be solely responsible for
the repair and maintenance of
the Stormwater
Ponds
located
on
the
Subject
Property,
including
all
costs
to repair and
maintain
said
Ponds.
2. Developer's Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer's failure to cure such default within such time -frame, except in an emergency as
determined by the City, the City may, at its option, perform the work and the Developer shall within
30 days of receipt of an invoice and reasonable substantiation of such costs, reimburse the City
for any reasonable out-of-pocket expense incurred by the City. This Agreement is a license for
the City to act when so authorized under this Agreement, and it shall not be necessary for the
City to seek a Court order for permission to enter the Subject Property. The City may, in addition
to its other remedies, assess the reasonable out-of-pocket cost in whole or in part against the
Subject Property, certify the costs against the Subject Property pursuant to Minn. Stat. 366.012,
or take any other action authorized by law to collect such costs from Developer.
3. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer's successors and assigns with respect to the Subject Property. The terms and
conditions of this Agreement shall be binding upon, and shall insure to the benefit of, the parties
hereto and their respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY OF ALBERTVILLE
Kris Luedke, City Clerk
2
�• o
Advanced Volumetric Alliance, LLC
By: Casey Darke
Its: 0-1:0
STATE OF MINNESOTA )
(ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged
20217 by Jillian Hendrickson and by Kris Luedke, the
City of Albertville, a Minnesota municipal corporation,
to the authority granted by its City Council.
.. MICHAEL C. C®URI
Notary Public, state of Minnesota
my Commission Expires
x... January 31, 2025
STATE OF MINNESOTA
)ss.
COUNTY OF WRIGHT
before me this � day of August,
Mayor and City Clerk, respectively, of the
on behalf of the corporation and pursuant
I:AI'
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this day of August, 2021,
by Casey Darkenwald, the UEO of Advanced Volumetric Alliance, LLC.
ERIN ADONA CARLSON
Notary Public
State of Minnesota
My Commission Expires
• •� Ar January 31, 2025
This Instrument Drafted by:
Mike Couri
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
OTARY PUBLIC
3
EXHIBIT "A"
Attach Drawing of Stormwater Ponds
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