2005-05-10 Ltr to Moberg re: Dev Agrmt
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'Also licensed in Illinois
COURl, 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)
courimacarthur@earthlink.net
David R. Wendoif
Kristen H. Carr
Alison K. Marwitz
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Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe'.
"Also licensed in California
May 10, 2005
Bob Moberg
S.E.H. Inc.
35335 Vandais Center Drive
St. Paul, MN 55110-5196
RE: Notice of Default of Developer's Agreement Pursuant to Section 14A of the City of
Albertville Conditional Use/Planned Unit Development agreements Albert Villas; Albert
Villas Second Addition; Albert Villas Third Addition; Albert Villas Fourth Addition and
Albert Villas Sixth Addition
Dear Mr. Moberg:
As you are aware, the City of Albertville entered into a Developer's Agreement, along with
several Additions (Second, Third, Fourth and Sixth), with Edina Development Corporation
("Edina") regarding the development of what is now referred to as Albert Villas Addition in
Albertville MN. Our office sent Edina a Notice of Default regarding these agreements on April
5, 2005, listing numerous items which Edina has failed to complete in accordance with the terms
of the Developer's Agreement and its Additions. We received a responsive letter from Edina on
May 4,2005 in which Edina claims to have completed, or made plans to complete, a substantial
number of the items which our records indicate they had not completed (as described in the April
5, 2005 letter).
Please review the following information, as well as the attached "Punch List," for accuracy with
respect to Edina's claims of having completed, or made plans to complete, these items. Also,
please provide any additional information about Edina's failure or completion of these items
which you feel may be useful.
City of Albertville Conditional Use/Planned Unit Development Agreement AlbertVillas
Third Addition dated April 6, 2001
Sections 10, 11:
Our records indicate that Edina has failed to clean County Ditch NO.9.
Edina's Response:
Edina claims that County Ditch No.9 has been cleaned and that they "will be meeting with
Russell Bly."
.:
Sections 2A, 2B:
Our records indicate that Edina has filed to flatten slopes at outlet of a ditch structure south of
Kali Street and parallel to Kagan Street.
Edina's Response:
In response, Edina is claiming that it is negotiating with Keuchle Underground to complete this
process.
Our records show that Edina has failed to provide the City lift station with a spare parts kit.
Edina's Response:
Edina claims that this item was signed off and accepted by Russell Bly.
Our records show that Edina has failed to install a vent pipe screen at the wet well.
Edina's Response:
Edina claims that this item was accepted by Russell Bly.
Our records show that Edina has filed to remove fabric catch basins.
Edina's Response:
Edina claims it has "met" with Kuechle Underground regarding this issue and believes that the
fabric should be maintained until construction is complete for the purpose of avoiding further slit
deposits.
Sections le, 2A, 2B:
Our records show that Edina has failed to install sidewalk and curb replacement and failed to saw
and seal curbs.
Edina's Response:
Edina claims that it is in negotiations with Keuchle Underground to have the curb and sidewalk
replace. The parties, according to Edina, have agreed to wait to replace the curb and sidewalk
until the "pond issue" has been completed.
City of Albertville Conditional Use/Planned Unit Development Agreement Albert Villas
Fourth Addition dated April 1, 2002
Section lD, 2A and 2B:
Our records show that Edina has failed to install sidewalk and curb replacement and has failed to
saw and seal curbs.
Edina's Response:
Edina claims that they are in negotiations with Kuechle Underground to have the sidewalk and
curb replace and has agreed to wait to replace the curb and sidewalk until the 'con issue' has bee
completed.
Section 2A-2B:
Our records show that Edina has filed to remove fabric catch basins.
Edina's Response:
Edina claims it has "met" with Kuechle Underground regarding this issue and believes that the
fabric should be maintained until construction is complete for the purpose of avoiding further slit
deposits.
Our records show that Edina has failed to install band to flared end of apron at County Ditch No.
9.
Edina's Response:
.
Edina claims that this items has been completed and accepted by Russell Bly.
Sections 2A, 2B, 3F
Our records show that Edina has failed to clean sedimentation from drainage ponds.
Edina's Response:
Edina claims that Russell Bly is reviewing this issue and contend that this will not likely be an
Issue.
Sections 10, 11:
Our records indicate that Edina has failed to clean County Ditch No.9.
Edina's Response:
Edina claims that County Ditch No.9 has been cleaned and that they "will be meeting with
Russell Bly."
Our records indicate that Edina has failed to remove construction debris and washout material in
County Ditch No.9 at 49th Street.
Edina's Response:
Edina claims to have completed this.
City of Albertville Conditional UseIPlanned Unit Development Agreement Albert Villas
Sixth Addition dated May 30, 2003
Section lA, 2A, 2C
Our records show that Edina has failed to clean the storm sewer.
Edina's Response:
Edina claims that they were informed by Kuechle Underground that this project has been
completed.
Section 1 C, 2C:
Our records show that Edina has failed to replace a broke curb and sidewalk.
Edina's Response:
According to Edina, it is negotiating with Keuchle Underground regarding this and that the
parties agreed to wait until the 'con issues' has been completed.
Section 1D:
Our records show that Edina has failed to complete construction of the bituminous trail.
Edina's Response:
Edina claims that it would complete this after the road restrictions are lifted.
Section 2A, 2C: .
Our records show that Edina has failed to remove fabric from catch basins.
Edina's Response:
Edina believes that the fabric should be left in place until completion of construction.
Section 2A, 2C, and 10:
Our records show that Edina has failed to remove a concrete bridge structure over county Ditch
NO.9 near Albert Villas Park.
Edina's Response:
Edina is claiming that this was not a requirement in any development agreement or document.
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Section 3A:
Our records show that Edina has failed to restore turf for areas disturbed by installation of drain
tile lines.
Edina's Response:
In response, Edina claims to have met with Russell Bly and that Mr. Bly is monitoring the turf
this spring.
Section lA, 2A, 2C
Our records show that Edina has failed to clean the storm sewer.
Edina's Response:
Edina claims that they were informed by Kuechle Underground that this project has been
completed.
Section lC, 2C:
Our records show that Edina has failed to replace a broke curb and sidewalk.
Edina's Response:
According to Edina, it is negotiating with Keuchle Underground regarding this and that the
parties agreed to wait until the 'con issues' has been completed.
Section 2A, 2C:
Our records show that Edina has failed to remove fabric from catch basins.
Response:
Edina believes that the fabric should be left in place until completion of construction.
Sections 10, 11:
Our records indicate that Edina has failed to clean County Ditch No.9.
Edina's Response:
Edina claims that County Ditch NO.9 has been cleaned and that they "w:ill be meeting with
Russell Bly."
Thank you very much for your assistance in this matter. If you have any questions, please
contact me.
Sincerely,
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Alison Marwitz
Couri, MacArthur, & Ruppe P.L.L.P
Enclosures
CC: City of Albertville