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2023-06-29 Stormwater Management Agreement - RECORDEDDoCUMENT +:4153335506-29-2023 at 12:15 PMCertified filed arltJ or recr¡rcled on aL¡ove dateTANYA WESTWRIGHT COUNTY RECORDERWRIGHT COUNTY, MNPages: 6 Fee Amount: $46.00Return To: LAND T|ÍLE INC RSVLRetur¡r to:LAND TTTLE INC RSVL2200 w couNTY RD C #2205ROSEVTLLE, MN 55113This cover page häs been added to this document by Wright eounty Recorder's 0fficeand is now an official pärt of this recoreJecJ document $(ReservedforRecording Data)STÕRMWATËRMANAGEMENT AGREEMENTThis AGREEMENT made thisþþay:"-*Ot ù aYrq2023, by and betweenthe e ffY OF ALBERTVILLE, a Minnesota mun¡cipal corporation (hereinafter referred to asthe("City")and Darkenwald Holdings, Ltd., a Minnesota Limited Liability Company(hereinafter referred to as the "Developer"),WHEREAS, the Developer is the fee owner of certain real property situated in the City ofAlbertville, County of Wright, State of Minnesota legally described as Lots 1 and 2 and Outlot A,AVA Second Addition, according to the plat on file at the Wright County Recorder's Office, Wrighteounty, Minnesota (hereinafter referred to collectively as the "Subject Property") which theDeveloper has obtained the approval of the City for the development thereof; andWHEREAS, the City has required that the Developer make provision for the construction,maintenance and repair of the Ponds (collectively "Stormwater Ponds") located within theboundaries of the Subject Property and shown on the attached Exhibit A, as the same is describedand depicted in those certain construction plans drawn by Landforrn, and dated October 14,2022and on file with the City Clerk ("Plans").WHEREAS, the City and Þeveloper desire to set forth their understanding with respect tothe construction, repair and maintenance of the Stormwater Ponds and the responsibility relatingto the costs of the repair and maintenånee of the Stormwater Fonds"NOW THHREFORË, in eonsideration of the foregoing facts and circumstances, and forother good and valuable consideration, the reeeipt and sufficieney of whieh is herebyacknowledged, the parties hereto hereby agree as follows:1. eqnetrucliqn and Maint-e¡anç.e-=f-$-t-o,rm-w-aXer,P-pn-ds". The Þeveloper agrees toconstruet tne nd maintain the $toimwaterFonds at its sole eost and expense. Maintenanee of the Stormwater Ponds shall mean (i) monthlyinspeetions of the Stormwater Ponds and, if netessary, removal of all litter and debris, andreplacement of mulch, vegetation, and eroded areas to ensure establishment of healthyfunctioning plant life therein; and (ii) an annual inspection, and certification, by a qualifiedl1 ìr,-'"i"û tHlhu 'r"f*ì"ärÉ- å t,!i ri\d utrl*ANm T.1TLffi [N0 Ift\\U ZZöeW COU¡'{TY RD CsL.ltTË 2205Fq0."-q,ËvttFile l''lc¡MÞJ 55f i3 individual or company acceptable to the City that the Stormwater Ponds are functioning inaccordance with the approved plans and have maintained the proper operation of the stormwatertreatment as a Stormwater Ponds according to the City Standards. lf, as a result of an inspectionby a qualified individual or company acceptable to the City or City staff, it is determined that theStormwater Ponds (1) have not been maintained; or (2) are not functioníng as originally designedand intended; or (3)are in need of repair, the Developer agrees to restore the Stormwater Pondsso that they function as they were designed and intended. The Developer further agrees that itwill not use the Stormwater Ponds for snow storage and will inform its snow removal contractorsof this provision of the Agreement.Developer shall be solely responsible for the repair and maintenance of the StormwaterPonds located on the Subject Property, including allcosts to repairand maintain said Ponds.2. Developer's Default. ln the event of default by the Developer as to any of the workto be performed by it hereunder, following at least thirty (30) days príor written notice andDeveloper's failure to cure such default within such time-frame, except in an emergency asdetermined by the City, the City may, at its option, perform the work and the Developer shall within30 days of receipt of an invoice and reasonable substantiation of such costs, reimburse the Cityfor any reasonable out-of-pocket expense incurred by the City. This Agreement is a license forthe City to act when so authorized under this Agreement, and it shall not be necessary for theCity to seek a Court order for permission to enter the Subject Property. The City may, in additionto its other remedies, assess the reasonable out-of-pocket cosf in whole or in part against theSubjeet 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 bindingupon Developer's successors and assigns with respect to the Subject Property. The terms andconditions of this Agreement shall be binding upon, and shall insure to the benefit of, the partieshereto and their respective successors and assigns.lN WITNESS WHEREOF, the parties hereto have caused this document to be executedas of the day and year first above written.C¡TV ÕF ALBERTWILtËBYH, foiiayorAND. -'o, ,¡*K-- "-"hÅeKris tuedke, eity elerk2 STATE OF MINNESOTACOUNTY OF WRIGHTÀ ¡ The foregoing instrument was acknowledged before me this Å5 day oflvtiÍJÅ , 2023, by Jillian Hendrickson and by Kris Luedke, the Mayor and City Clerk,rèspec"{ively, of the City of Albertville, a Minnesota municipal corporation, on behalf of thecorporation and pursuant to the authority granted by its City Council.ARY PLISS$1, 2026BeekcrPubllc3 Darkenwald Holdings, Ltd.caseyIts: PresidentSTATE OF MINNESOTACOUNTY OFfuETßhTThe foregoing instrument was acknowledged before me this dOtV2023, by Casey Darkenwald the President of Darkenwald Holdings, Ltd.&*,^NOTARY PUBLICThis lnstrument Drafted bY:Mike CouriCouri & Ruppe Law OfficeP.O. Box 369St. Michael, MN 55376763-497-1930SS.)))ot llla'o//4Ë RIN A.DONA CARLSONNotarY PublicState of Mlnnesotasion ËxPires31, 2025My ComrnisJanua REFER TO S¿iEEI C3,2rlliq.lrr:1r: ì \i-; :.ffiÉ.ffii.;.:iì;ìrr ii"! lilti ì :li,?.:'eiat.Y s:g¡:t {,j;iJr-J_,i, Èi:ffiþffir.lJffiffi@*æ'*.MCslì sqo F ¿c.