2025-06-27 Storm Water Maintenance Agreement-RecordedDOCUMENT #: A1582316
08-01-2025 at 10:30 AM
Certified filed and or recorded on above date
TANYA WEST
WRIGHT COUNTY RECORDER
WRIGHT COUNTY, MN
Pages: 8 Fee Amount: $46.00 By: MF
This document has been electronically recorded.
Return To: First American Title Insurance Company - NCS K
(Reservedfor Recording Data)
STORM WATER
MAINTENANCE AGREEMENT
This STORM WATER MAINTENANCE AGREEMENT ("Agreement") made this )l day
of tip_ , 2025, by and between the CITY OF ALBERTVILLE, a Minnesota
municipal corporation (hereinafter referred to as the(°City") and ALBERTVILLE, MN (LOT 1)
LLC, an Illinois Limited Liability Company (hereinafter referred to as the "Developer InSite").
WHEREAS, Developer InSite is the fee owner of certain real property situated in the City
of Albertville, County of Wright, State of Minnesota known as Lot 1, Block 1, of the Albertville
Plaza Third Addition (the "Developer InSite Property"), according to the plat on file at the Wright
County Recorder's Office, Wright County, Minnesota, which Developer InSite has obtained the
approval of the City for the development thereof; and
WHEREAS, the City has required that Developer InSite make provision for the
construction, maintenance and repair of the Ponds (collectively "Stormwater Ponds") located
within the boundaries of the Developer InSite Property and shown on the attached Exhibit A, as
the same is described and depicted in those certain construction plans drawn by ADA Architects,
P.C. dated June 25, 2024 and ISG dated May 14, 2024 which are approved and permitted by the
City and on file with the City Clerk (the "Approved Plans and Specifications").
WHEREAS, the City and Developer InSite 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. Subject to the terms and
conditions of this Agreement, Developer InSite agrees to construct the Stormwater Ponds in the
manner set forth in the Approved Plans and Specifications and repair and maintain, or cause the
repair and maintenance of, 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 individual or company acceptable to the City that the
Stormwater Ponds are functioning in accordance with the Approved Plans and Specifications and
have maintained the proper operation of the stormwater treatment as Stormwater Ponds in
according to this Agreement and the City's ordinances and applicable state law. 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 in accordance with the terms
of this Agreement and the City's ordinances and applicable state law; or (2) are not functioning
as originally designed and intended in the Approved Plans and Specifications; or (3) are in need
of repair, the Developer InSite agrees to restore, or cause the restoration of, the Stormwater
Ponds so that they function as they were designed and intended in the Approved Plans and
Specifications. Developer InSite further agrees that it will not use the Stormwater Ponds for snow
storage and will inform its snow removal contractors of this provision of the Agreement.
Developer InSite, or the occupant of the Developer InSite Property, shall be solely
responsible for the repair and maintenance of the Stormwater Ponds located on the Developer
InSite Property, including all costs to repair and maintain said Stormwater Ponds.
2. Developer InSite's Default. In the event of default by the Developer InSite as to
any of the work to be performed by it hereunder, following at least thirty (30) days prior written
notice and Developer InSite'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 Developer
InSite 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 to cure such
default. 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
Developer InSite Property for the performance of acts when so authorized under this Agreement.
The City may, in addition to its other remedies, assess the reasonable out-of-pocket cost in whole
or in part against the Developer InSite Property, certify the costs against the Developer InSite
Property pursuant to Minn. Stat. 366.012, or take any other action authorized by law to collect
such costs from Developer InSite or its successors and assigns, as applicable.
3. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer InSite's successors and assigns with respect to the Developer InSite 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.
z
CITY OF ALBERTVILLE
BY.
Jillian Hendrickson, Mayor
Kris Luedke, City Clerk
STATE OF MINNESOTA )
5S.
COUNTY OF WRIGHT 1
The foregoing instrument was acknowledged before me this . � day of
7 A P , 2025, 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.
NOTA Y PUBLIC
1Cp
MICHAEL C. COUR1
NOTARY PUBLIC
s MINNESOTA
MY Commission Expires Jan. 31. 20
ALBERTVILLE, MN (Lot 1) LLC, an Illinois
limited liability company
le,
Larissa A. Addison,Manager
STATE OF ILLINOIS
) ss.
COUNTY OF DU PAGE }
The foregoing instrument was acknowledged before me this a-) day of
202 S by Larissa A. Addison, a Manager of ALBERTVILLE, MN (Lot 1) LLC, an Illinois limited
liability company, on behalf of such limited liability company.
This Instrument Drafted by:
Mike Couri
Couri & Ruppe Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
NOTAR PUBLIC
OFFICIAL SEAL_
EL17ABETH ANN IRVING
Notary Public, State of iilinois
commission: No. 190021
Icy Commission Expires
November 17, 2028
4
EXHIBIT "A"
Approved Grading Plan and Enumeration of All Approved Plans and
Specifications
See attached.
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