2003-06-16 Certified Mail - Berm Not SoddedMichael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe—
David R. Wendorf
"Also licensed in Rlinois
"Also licensed in California
June 16, 2003
VIA CERTIFIED MAIL
Cascade II Land Co., LLC
c/o Marly Glines
555 3rd Sheet N.W.
Elk River, MN 55330
COURT & MACAR THUR
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael, MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAA9
couriandmacarthur@pobox. com
Re: City of Albertville; Albertville Crossings.
Dear Mr. Glines:
It has recently come to the City's attention that the berm that is located on Outlot
B of the Albertville Crossings plat has not been sodded as required by the Developer's
Agreement for the Albertville Crossings Plat (the Landscape Plan shows the entire area
as being sodded). Because this should have been installed by October 31, 2002, you are
technically in default of the terms of the Developer's Agreement. Accordingly, this letter
will serve as notice that there is a default under the developer's agreement for the
Albertville Crossings plat, and that you have 30 days to correct this default.
It is my understanding that there is now an Agreement Concerning Easements and
Restrictions that governs the maintenance of Outlot B. While that agreement may apply
to the maintenance of the outlot, the sodding was an original requirement of the
Developer's Agreement which has not yet been performed. In addition, because the
obligations of the Developer's Agreement have not been assigned to a third party (and
consented to by the City), Cascade II Land Company is still the responsible entity to
fulfill the Developer's obligations under the Development Agreement.
I am also recommending that you contact the City Engineer regarding the viability
of the plantings on the berm. The City Engineer believes that there is a strong probability
that the sod and trees planted on the berm will not survive without the installation of a
sprinkler irrigation system. It is the City Engineer's preference that you install a
sprinkler system. Realizing that the installation of an irrigation system may be
expensive, and that the Developer's Agreement does not require the installation of a
sprinkler system, the City Engineer may permit the substitution of seed rather than sod if
a sprinkler system is installed on the berm.
Cascade II Land Co., LLC
June 16, 2003
Page 2 of 2
Again, the City requires this default be corrected within 30 days of the date of this
letter. Please contact myself or Pete Carlson with any questions you may have. Thank
you.
Sincerel ,
Michael C. Couri
Couri & MacArthur Law Office
Cc: Linda Goeb
Pete Carlson