2004-12-01 Skillings Removing Sod
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December 1, 2004
Timothy and Andrea Skillings
10381 52nd Street NP
Albertville, MN 553ql
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Re: Follow-up to last night meeting
Dear Tim and Andrea:
Thank you for meeting last night with Assistant City Engineer Moberg and myself I hope our
meeting provided some insight'into events leading up to where we are today. I have added the
verbiage to the Access Agreement that you requested regarding Edina removing the sod. To
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avoid any misunderstanding about where the route is, the City Attorney advised attaching a map.
For that purpose, I've attached an aerial photo for you to draw the route.
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In the event you and Edina reach agreement, I will need one signed copy to show a PIan is in
place to complet~ the work. Let me know if you wanUo proceed with this Agreement and I will
letEdina Development know that you want to discuss this with them further.
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If you have further questions, please don't hesitate to call.
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Sincerely,
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Larry. se
City A inistrator
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M:\Public Data\Agreements\Skilling Edina MEMORANDUM OF UNDERST ANDING. doc
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WETLAND RESTORATION ACCESS AGREEMENT
TillS AGREEMENT is made this _ day of , 2004 by and between Edina
Development Corporation hereinafter referred to as "Developer" and Timothy and Andrea
Skillings hereinafter referred to as "Property Owner" both hereinafter collectively referred to as
"the Parties". Based on the mutual promises, covenants and obligations herein contained, the
Parties hereby agree as follows:
WHEREAS Developer Edina Development is the developer of the platted development Albert
Villas 2nd Addition within the City of Albertville, Wright County, State of Minnesota,
WHEREAS the Property Owner Timothy and Andrea Skillings are owners of Lot 15, Block 3,
Albert Villas 2nd Addition, Wright County, State of Minnesota,
WHEREAS the Developer is prepared to complete restoration of the legally required Wetland
Mitigation Area on Lot 15, Block 3, Albert Villas 2nd Addition, Wright County, State of
Minnesota as per approved plans and specification and has secured an access route to said lot to
complete the required restoration,
WHEREAS the Property Owner has requested that the Developer delay completing the required
restoration to provide additional time for the Property Owner to remove approximately 140
plants located in the rear lot easement area,
WHEREAS the access route to said lot secured by the Developer will not be available if the
Developer delays the completion of the required restoration of the Wetland Mitigation Area on
the Property Owner's lot,
WHEREAS the Property Owner in consideration for a delay by the Developer in completing the
required restoration is willing to provide access to the Wetland Mitigation Area via a route that is
currently disturbed by construction and bear responsibility for the cost of restoration of this
route.
THEREFORE: The Parties hereby agree to postpone the restoration of the Wetland Mitigation
Area by the Developer to provide the Property Owner time to remove plants from said area. The
Property Owner will remove all plants prior to April 15, 2005 and further the Property Owner
authorizes the Developer to access the Wetland Mitigation Area located on Lot 15, Block 3,
Albert Villas 2nd Addition, Wright County, State of Minnesota, for the purpose of restoration,
via a route through said lot no wider than 12 feet, following a route currently disturbed by
construction. Said route is generally described on the attached Exhibit A. Property Owner also
agrees at Property Owner's sole expense to sod said route across said lot after the Developer's
restoration of the Wetland Mitigation Area has been completed.
Developer agrees to perform the wetland mitigation work as per the plans and specifications
within 30 days after plants are removed but in no event later than May 15,2005.
M:\PubJic Data\Agreements\Skilling Edina MEMORANDUM OF UNDERSTANDING. doc
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