2004-07-29 Ltr Notice of Default of DA
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"Also licensed in California
CDURl, MACARTHUR &
RUPPE, P.L.L.P.
Attorneys at Law
705 Central Avenue East
PO Box 369
St. Michael. MN 55376-0369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox.com
Michael C Couri*
Andrew J. MacArthur
Robert T. Ruppe**
David R. Wendorf
'Also licensed in illinois
July 29,2004
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
,
Edina Land Corporation
700 Industry Avenue
Anoka, MN 55303
Attention: Rick Lewondowski
Edina Development
700 Bunker Lake Blvd.
Anoka, MN 55303
Attention: Mike Thomas
Re: City of Albertville; Notice of Default of Developers Agreements:
Albert Villas dated August 11, 2000
Albert Villas Second Addition dated October 9, 2000
Albert Villas Third Addition dated April 6, 2001
Albert Villas Fourth Addition dated April 1, 2002
Albert Villas Sixth Addition dated May 30, 2003
Dear Mr. Lewondowski and Mr. Thomas:
On June 15, 2004, the City of Albertville notified you via certified mail that Edina
Development was in default of the above described Developer's Agreements for failure
to pay outstanding City costs incurred in processing these developments in the amount of
$378,935.77, and informing you that Edina Development had 30 days to cure this default
under the Developer's Agreements. That same letter notified you that if the defaults were
not cured in 30 days, the City may refuse to issue building permits in the developments
covered by these Developer's Agreements.
To date Edina Realty has not paid the amounts due under the Developer's
Agreements. Because of Edina Realty's failure to pay the amounts owed under the
Developer's Agreements, the City will no longer issue building permits for the
construction of a home on any lots that are subject to the above-described Developer's
T. ~ ; .. .
Edina Development
July 29,2004
Page 2
Agreements which remain in default. I expect the City Council to also authorize a
collection action against Edina Realty to collect the monies owed. Please be advised that
under the terms of the Developer's Agreements, the City is entitled to recover all costs of
enforcing the agreements, including attorneys' fees.
Please contact either myself or City Administrator Larry Kruse to make
arrangements to pay the outstanding amounts due.
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Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Larry Kruse