2000-10-17 Violation of Dev Agrmt
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Michael C. Couri'
Andrew J. MacArthur
Marcus W. MiUer
Robert T. Ruppe"
'Also licensed in Illinois
COURl & MACARTHUR
Attorneys at Law
705 Central A venue East
PO Box 369
St. Michael, MN 55376"()369
(763) 497-1930
(763) 497-2599 (FAX)
couriandmacarthur@pobox. com
"Also licensed in u.lifOmia
October 17, 2000
VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED
Edina Land Corporation
Attn: Rick Lewondowski
700 Industry Avenue
Anoka, Minnesota 55303
Re: City of Albertville; Violation of Section 13H of City of Albertville
Developer's Agreement Albert Villas Second Addition
Dear Mr. Lewondowski:
It has recently come to the attention of the City of Albertville that an area platted
under the Developer's Agreement described above is not in compliance with section 13H
of the Developer's Agreement in that the wetland located in the SWl/4 of Section 2, T
120 NR.24W (City of Albertville) has been altered by unauthorized ditching beyond the
scope of what was permitted to enhance the removal of water from the site for residential
development. The City is requesting that you now accomplish restoration of the wetland
as outlined in the Wetland Conservation Act Restoration Order dated October 12, 2000
which is attached hereto as Exhibit A and incorporated herein by reference.
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 in the Restoration Order within the 30
days allowed to cure a default under Section 14A of the Developer's Agreement dated
October 9,2000.
Please be advised that 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.
If you do not restore the property as outlined in the attached Restoration Order
within 30 days, the City will enforce the subject Developer's Agreement, most likely
through any necessary court action. Please be advised that under the terms of the subject
... "..
Edina Land Corporation
Attn: Rick Lewondowski
October 17,2000
Page 2
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 in the attached Restoration
Order.
Your cooperation in this matter is greatly appreciated. If you have any questions,
please do not hesitate to contact this office.
~CerelY~
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Robert T. Ruppe
Couri & MacArthur
Cc: ~da Goeb
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