2005-04-05 Lewondowski Notice of Default
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'. II. .'
.. Also licensed in California
COURI, 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@earth/ink.net
Nlichael C. Couri.
Andrew J. Jl;lacArthur
Robert T. Ruppe.'
David R. Wendorf
Kristen H. Carr
'Also licensed in Illinois
April 5,2005
Edina Development Corporation
Attn: Rick Lewondowski
700 Industry Avenue
Anoka, Minnesota 55303
Re: Notice of Default of Developer's Agreement Pursuant to Section 14A of the City
of Albertville Conditional UselPlanned Unit Development Agreements Albert Villas;
Albert Villas Second Addition; Albert Villas Third Addition; Albert Villas Fourth
Addition and Albert Villas Sixth Addition
Dear Mr. Lewondowski:
Our office acts as City Attorney for the City of Albertville. We have been directed by the
City Council of the City of Albertville to notify you on behalf of the City that you are
currently in default of the Developer's Agreements for Albert Villas, Albert Villas
Second Addition, Albert Villas Third Addition, Albert Villas Fourth Addition and Albert
Villas Sixth Addition. Pursuant to Section 14A of said agreements you have thirty (30)
days from the date of this letter to cure the following defaults:
City of Albertville Conditional Use/ Planned Unit Development Agreement Albert
Villas, dated August 11, 2000
1. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to the development in the amount of $31 ,455.07
2. Section 13H - Failure to comply with wetland mitigation plan (see attached
Minnesota Wetland Conservation Act Replacement Order)
3. Section 13H - Failure to sign wetland maintenance agreement as required by
wetland mitigation plan.
4. Section 13H - Failure to complete restoration work on Lots 11, 12 and 13,
Block 2 and Lots 25 and 26, Block 3.
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City of Albertville Conditional Use/ Planned Unit Development Agreement Albert
Villas Second Addition dated October 9,2000
1. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to the development in the amount of $61,085.16
2. Section 13H - Failure to comply with wetland mitigation plan (see attached
Minnesota Wetland Conservation Act Replacement Order)
3. Section 13H - Failure to sign wetland maintenance agreement as required by
wetland mitigation plan.
City of Albertville Conditional Use! Planned Unit Development Agreement Albert
Villas Third Addition dated April 6, 2001
1. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to the development in the amount of $76,790.63.
2. Section 8 - Failure to pay the City's reasonable costs for professional planning
services related to the development in the amount of $3017.80.
3. Section 10, 11 - Failure to clean County Ditch No.9. (See attached "Punch
List" item 12)
4. Section 2A, 2B - Failure to flatten slopes at outlet of ditch structure south of
Kali Street and parallel to Kagan Street. (See attached "Punch List" item 15)
5. Section IC, 2A, 2B - Failure to install sidewalk and curb replacement and
failure to saw and seal curb. (See attached "Punch List" item 16)
6. Section 2A, 2B - Failure to provide City lift station spare parts kit. (See
attached "Punch List" item 17)
7. Section 2A, 2B - Failure to install vent pipe screen at wet well. (See attached
"Punch List" item 18)
8. Section 13H - Failure to comply with wetland mitigation plan (see attached
Minnesota Wetland Conservation Act Replacement Order)
9. Section 13H - Failure to sign wetland maintenance agreement as required by
wetland mitigation plan.
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10. Section 2A, 28 - Failure to remove fabric from catch basins (see attached
"Punch List" item 11)
City of Albertville Conditional Use/ Planned Unit Development Agreement Albert
Villas Fourth Addition dated Aprill, 2002
1. Section 2D, 8 - Failure to pay the City's reasonable costs for professipnal
engineering services related to the development in the amount of $94, 165.69.
2. Section 2A, 2B - Failure to remove fabric from catch basins (see attached
"Punch List" item 11)
3. Section 10, 11 - Failure to clean County Ditch No.9. (See attached "Punch
List" item 12)
4. Section 2A, 2B - Failure to install band to flared end of apron at County Ditch
No.9. (See attached "Punch List" item 13)
5. Section 2A, 2B, 3F - Failure to clean sediment from drainage ponds. (see
attached "Punch List" item 14)
6. Section 10, 11 Remove construction debris and washout material in County
Ditch No.9 at 49th Street. (See attached "Punch List" item 23) .
7. Section l3R - Failure to comply with wetland mitigation plan (see attached
Minnesota Wetland Conservation Act Replacement Order) ...
8. Section l3R - Failure to sign wetland maintenance agreement as required by
wetland mitigation plan.
9. Section 1D, 2A, 2B - Failure to install sidewalk and curb replacement and
failure to saw and seal curb. (See attached "Punch List" item 16)
City of Albertville Conditional Use! Planned Unit Development Agreement Albert
Villas Sixth Addition dated May 30, 2003
1. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to the development in the amount of $13,488.49.
2. Section 8 - Failure to pay the City's reasonable costs for professional legal
services related to the development in the amount of $1,082.50
3. Section lA, 2A, 2C - Failure to clean storm sewer. (See attached "Punch List"
item 1)
4. Section IC, 2C - Failure to replace broken curb and sidewalk. (See attached
"Punch List" item 3)
5. Section 2A, 2C - Failure to repair top section on gate valve box at hydrant
located at Lot 25, Block 7. (See attached "Punch List" item 4)
6. Section 2A, 2C - Failure to re-grade storm water pond to stabilize slopes in
vicinity of storm sewer outlets. (See attached "Punch List" item 5)
7. Section 2A, 2C - Failure to restore major washouts at entrance culverts. (See
attached "Punch List" item 8)
8. Section 2A, 2C Failure to remove fabric from catch basins (see attached "Punch
List" item 11)
9. Section 10, 11 - Failure to clean County Ditch No.9. (See attached "Punch
List" item 12)
10. Section 1D - Failure to complete construction of bituminous trail. (See
attached "Punch List" item 20)
11. Section 3A - Failure to restore turf for areas disturbed by installation of drain
tile lines. (See attached "Punch List" item 21)
12. Section 2A, 2C, and 10 - Failure to remove concrete bridge structure over
county Ditch No.9 near Albert villas Park. (See attached "Punch Lisf' item 22)
13. Section 13R - Failure to comply with wetland mitigation plan (see attached
Minnesota Wetland Conservation Act Replacement Order)
14. Section 13R - Failure to sign wetland maintenance agreement as required by
wetland mitigation plan.
Albert Villas 5th Addition
1. Preliminary Plat Application Agreement - Failure to pay the City's reasonable
costs for professional engineering services related to the development in the
amount of $576.10.
2. Preliminary Plat Application Agreement - Failure to pay the City's reasonable
costs for professional legal services related to the development in the amount
of $330.00.
Other Costs related to the Developments
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1. Section 8 - Failure to pay the City's reasonable costs for weed removal
$125.00.
2. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to wetland mitigation issues in the amount of
$207.00.
3. Section 8 - Failure to pay the City's reasonable costs for professional planning
services related to a sign issue in the amount of $130.50.
4. Section 2D, 8 - Failure to pay the City's reasonable costs for professional
engineering services related to lot problems (aerials) in the amount of $140.00
Default Enforcement For All Agreements
1. Section 21 - Failure to pay the City's reasonable costs for professional legal
services related to enforcement of the provisions of the development agreements
in default in the amount of $2,495.00.
Please be advised that pursuant to section 14B of the Developer's Agreements for Albert
Villas, Albert Villas Second Addition and Albert Villas Third Addition and Section 14D
of the Developer's Agreements for Albert Villas Fourth Addition and Albert Villas Sixth
Addition, a breach of any of the terms of the applicable agreement by the Developer
constitutes adequate grounds for denial of building permits and/or revocation of the
Conditional Use Permit. You should also be aware that pursuant to Section 21 of all of
the Developer's Agreements, you are responsible for any expenses.the City incurs in
enforcing the provisions of the Developer's Agreements including attorney fees.
Please provide payment in the amount of $285,088.94 to the City of Albertville for
professional services related to the above referenced developments and notify this office
when you have cured the other defaults outlined in this notice and attachments. Your
prompt attention and cooperation is appreciated. If you have any questions, please do not
hesitate to contact this office.
Sincerely,
7JtjJ( (~
Michael C. Couri
Couri, MacArthur & Ruppe P.L.L.P.
Cc. City of Albertville
Bob Moberg, SEH
Al Brixius, NAC
03/0-1/20115 09: 5S F,U 651t!lO:!150
SEH ST.PAUL
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OWNER
PUNCH liST
CONTRACTOR
SERNO.
OWNER NO.
PROJECf
Kuecble Underground, Inc.
A-ALBEV 0212
N/A
DATE OF ORIGINAL ISSUE
SUBSTANTIAL COMPLETION
FINAL COMPLE'IlON
03/02/05
.05f19104 (6*)
05/02I02( 4*)
06/19/01 (3M)
10/27100( 1 ~
City of Albertville
DATE OF CURRENT lSSUE
Albert Villas 1-6 Additiocs, Albertville, MN
Below is a list of items. which must be completed or oorrrded prior to final acceptaD.ce of the subj ect project. A
completion of these items does not in any way relieve the Cootl'actor oftbe responsibility to complete the project
in accordance wi:th all Contrn.ct Docmnents.
Item Date '. Date
No.. Item :Renewed CommenD AcceDted
1. Clean stami sewer as needed ~ Mdition
2. Touchup grout on Sanitary sewer and stonn ". Addition
sewer rin~ as needed prior to wear coune.
Replace broken curb and sidewalk prior to
3. wear course placem.ent. Call JU>R to 6rJ.. addition
walk .4 .
anan~e -
4. Top section on gate valve box broken at 6ttJ. addition
hycirnnt at lot 25, blk 7
Pond. inlets me washing out. Re-grade
5. stoIm water pond (some fil1ing may be (J'h addition
required) to stabilize slopes in vicinity of
StOIm sewer outlets.
Adjust manholes and gate valves prior to ..
wear course (1/2" below finislred wear). If
6. wear CQurse not installed prior to snowfall. 6" addition
ensure all manhole. gate valves, and cross
gtItters are ramped or lowered for soow
plows.
7. Install wear CO\U'se 6#> addition .
8, Restore maior washouts at ~ culvertll -~ additioD. fixed
9. Clean out all pick holes after WeB' 00\1nCl is 6* addition
installed
Remove all silt fence once sufficiCIIt
10. vegetation is established. Contact engineer 6dsaddition
prior to removal to ensure sufficient
veeetat.ion is established
.. 11- Remove all fabric from CB's 3rd. 4~. and 6-- addition
County Ditch No.9 needs cleaning (silt and 3nl 41h 6th addition
12. gubage) at both entrances and tbtougbout
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project area.
13. Apron south of CB 9 needs band to tie 4 Sl addition
flared end
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OJ/O-1l2005 09:5,~ F.-U 65HllO::l:>l)
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, Item Date Date
,No. Item Reviewed Comments Accebtecl
14. Sediment needs to be cleaned from ponds 4- aOdition
15. Slopes at outlet need flattening, too steep 31D addition, Ditch struclute
south olKali, parallel to KAmIn
Sidewalks and curb replacement, 33 m.a.rired 3"1, 4111 additions
16. in field. Also. saw and seal curb as TTUlt:mi
in field
Furnish lift station spare parts kit to City:
17. Wear rings.. mechanical seals, bearings. 0- 3111 addition, 1i1i: station
rings and aasJcets, fuses, all in wateIp:roof
container. See City Speci.fi.catWns .
18. ~v~_~e~&w~W~ 3" additiQg, lift station
19. Establish wetland buffer CU'eaS per approved 3rc1,41J1, and ~ additions
Plans..
20. Construct bituminous trail as per approved fJ!> addition
plan. Contact RPR smelt to construction.
Restore tud' fur areas disl:tubed by 6* addttiOl1 ,
21. installation of drain tile lines.
22. R.emove CODerete bridge stnIcture over f1' addition
County Ditch No.9 neat A1bertvillas Park
23. Remove 00D3tructi.an debris and \nSbout 46 addition
material in ~ Ditch No.9 at 4911l stcect.
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PROVIDE 48 HOT.1RS NonCE PRIOR TO THE SI'ART OF THIS WORk. THIS WORK SHOULD BE
COMPLETED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE.3 (CONTRACT TJ1dE) OF TIm
AGREEMENT.
REMARKS:
djg
c: j-Bob Moberg, SEH
R.nss lJly, SEH
Larry Kmse, City of Albertville
John Middendorf, City of Albertvi1Je
Rick Levnmdowstd, Edina Development
Craig Schlichting. Plowe Engineering, Illc.
Matt Davicb, E.G. Rud & Sons, Inc.
Kuechle Underground, Inc.
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Issued By: Russ Bly
Trtk: RPR.
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