2022-04-06 Stormwater Management AgreementG�
RETURN TO:
CHB Title LLC
10850 Old County Rd 15 #100
Plymouth, MN 55441
Doc. No. A1503643
OFFICE OF THE COUNTY RECORDER
WRIGHT COUNTY, MINNESOTA
Certified Filed and/or Recorded on
April 08, 2022 3:45 PM
Fee: $46.00
Tanya West, County Recorder
(Reserved for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this Ig day r Y of April, 2022, b and between the CITY
OF ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the ("City")
and Scherer Limited Partnership, a Minnesota Limited Partnership, (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, Scherer
Limited Partnership 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 construction plans drawn by Demarc Land Surveying and
Engineering, and dated March 28, 2002 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 said
Lot 1, Block 1 of Said Plat, certify the costs against the said Lot 1, Block 1 of Said Plat 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.
(the remainder of this page left intentionally blank)
2
r'. - CITY OF ALBERTVILLE ¢�
BY:
•- _ A P
Jillll@n Hendrickson, Mayor
AND
Kris Luedke, City Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF WRIGHT )
i
The foregoing instrument was acknowledged before me this day of April, 2022,
by -Jillian Hendrickson and by Kris Luedke, the Mayor and City Clerk, respectively, of the City of
Albertville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the
authority granted by its City Council.
..r
MICHAEL C. COURI
Notary Public, - State of Minnesota
My Commission Expires
January 31, 2025
L
7 NO;, Y- � -A— R�Y �PU �BL �IC
3
0
Scherer Limited Partnership
By: S.B. Gerneral Partner, Inc., a Minnesota corporation
Its: General Partner
J.
By: Peter Scherer
Its: President
STATE OF MINNESOTA
)ss.
COUNTY OF Hennepin
April, 2022
The foregoing instrument was acknowledged before me this6th - day of NWX1, by
Peter L . Scherer the President of* of Scherer
Limited Partnership.
GALE E. LARSON
Notary Public -Minnesota
My Commission Expires Jan 31, 2025
ANO 'IV
This Instrument Drafted by:
Mike Couri
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
%�S . B . General Partner, Inc. , a Minnesota corporation,
the General Partner
NOTARY PUBLIC
L!
EXHIBIT "A"
Attach Drawing of Stormwater Ponds
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