2026-03-26 24-71382 Stormwater Management Agreement(Resewed for Recording Data)
STORMWATER
MANAGEMENT AGREEMENT
This AGREEMENT made this Z� day of March, 2026, by and between the CITY OF
ALBERTVILLE, a Minnesota municipal corporation (hereinafter referred to as the "City") and
JAVA Albertville Retail, 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:
Lots 1 and 2, Block 1, Java Retail Addition, 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 Pond ("Stormwater Pond") 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 prepared by Design Tree, dated October 14, 2025, ("Plans").
WHEREAS, the City and Developer desire to set forth their understanding with respect to
the construction, repair and maintenance of the Stormwater Pond and the responsibility relating
to the costs of the repair and maintenance of the Stormwater Pond.
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 Pond. The Developer agrees to
construct the Stormwater Pond according to the Plans and repair and maintain the Stormwater
Pond at its sole cost and expense. Maintenance of the Stormwater Pond shall mean (i) monthly
inspections of the Stormwater Pond 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 Pond is functioning in
accordance with the approved plans and have maintained the proper operation of the stormwater
treatment as a Stormwater Pond 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 Pond (1) has not been maintained; or (2) is not functioning as originally designed and
intended; or (3) is in need of repair, the Developer agrees to restore the Stormwater Pond so that
it functions as it was designed and intended. The Developer further agrees that they will not use
the Stormwater Pond for snow storage and will inform its snow removal contractors of this
provision of the Agreement.
Subject to Section 4 below, Developer shall be solely responsible for the repair and
maintenance of the Stormwater Pond.
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
promptly, following 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. When the City
does any such work, the City may, in addition to its other remedies, assess the reasonable out-
of-pocket cost in whole or in part.
3. Future City Policy. Notwithstanding anything contained in this Agreement to the
contrary, in the event the City shall in the future establish a policy for repair and maintenance by
the City of stormwater ponds owned by private parties located elsewhere in the City under which
policy the costs of such repair and maintenance are to be paid either out of general City revenues
or by collection of utility or service fees or charges, then any owner of any portion of the Subject
Property shall be entitled to petition the City for the inclusion of the Stormwater Pond under such
repair and maintenance program. The recording of a certified copy of the Resolution of the City
Council of the City which sets forth the consent and authorization described in the foregoing
sentence shall serve to terminate this Agreement, without further action on the part of any party
hereto.
4. 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.
2
CITY OF ALBERTVILLE
BY:
AND
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
lian Hendrickson Mayor
Kris Luedke, City Clerk
The foregoing instrument was acknowledged before me this day of March, 2026,
by Jillian Hendrickson, the Mayor and City Clerk of the City of Albertville, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
KRISTINE ANN LUEDKE
NOTARY PUBLIC
MINNESOTA
My Commission Expiros January 31, 2028
STATE OF MINNESOTA
ss.
COUNTY OF WRIGHT
NOTARY PUBLIC
The foregoing instrument was acknowledged before me this � day of March, 2026, by
Kris Luedke, the City Clerk of the City of Albertville, a Minnesota municipal corporation, on behalf
of the corporation and pursuant to the authority granted by its City Council.
„���.�5,^ Maeghan Marie Becker
Minnesota
My Commission Expires 01/31/2031
3
DEVELOPER: JAVA ALBERTVILLE RETAIL, LLC
Mark Kro
Its: Manager
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 2% day of March, 2026, by
Mark Krogh, the Manager of JAVA Albertville Retail, LLC a Minnesota limited liability company.
MELISSA KAE PAGE BOESHANS
Notary Public
State of Minnesota
My Commission Expires
January31, 2030
DRAFTED BY:
Couri & Ruppe, P.L.L.P.
P.O. Box 369
St. Michael, MN 55376
(763) 497A930
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EXHIBIT "A"
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