2000-10-18 Violation of Dev Agrmt
.
Michael C. Couri-
Andrew J. MacArthur
Marcus W. MiUer
Robel1 T. Ruppe--
*Also licenstd in Illinois
COURl & MACARTHUR
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
** Also licenstd in CaJifOmiiJ
October 18, 2000
VIA FACSIMILE AND CERTIFIED MAIL. RETURN RECEIPT REQUESTED
Edina Land Corporation
Attn: Rick Lewondowski
700 Industry Avenue
Anoka, Minnesota 55303
Re: City of Albertville; Violation of the City of Albertville Developer's
Agreement Albert Villas Second Addition
Dear Mr. Lewondowski:
The City of Albertville was notified today that one of your contractors has
illegally connected the house that currently exists at the development site to the City's
sewer system. As you are aware, this system is not yet in service.
The City is requesting that you immediately perform the following work: (I)
disconnect the subject house from the City's sewer system and reconnect the house to the
existing drain field; (2) flush out the existing main; and (3) pump out the existing lift
station into a tanker truck. Failure on your part to perform this work today will leave
the City with no alternative but to disconnect the home itself by what ever means
necessary and bill your company for any fees and costs incurred.
Please be advised that should this work not be performed immediately, it is
unlikely that your company will be able to proceed with Albert Villas Third Addition
sewer installation until a full investigation regarding this illegal hook up has been
completed and the City is satisfied that this incident will not happen again. Further,
pursuant to Section 14B of the subject Developer's Agreement, a breach of any of the
terms of this contract by the Developer may be grounds for denial of building permits
and/or revocation of the Conditional Use Permit.
This letter shall serve as notice to you that the City considers you in default under
the above-described Developer's Agreement and now requests that you restore the
physical conditions of the property as outlined above.
Edina Land Corporation
Attn: Rick Lewondowski
October 18, 2000
Page 2
If you do not restore the property as outlined above, the City will enforce the
subject Developer's Agreement. Please be advised that under the terms of the subject
Developer's Agreement, your company will be responsible for any expenses the City
incurs in enforcing the provisions of the subject Developer's Agreement. As you are
aware, these costs may include attorney's fees and court costs, if necessary. Please notify
this office when you have restored the property as outlined above.
Your cooperation in this matter is greatly appreciated. If you have any questions,
please do not hesitate to contact this office.
Robert T. Ruppe
Couri & MacArthur
Cc: v~da Goeb
Wayne Stark