1998-10-12 Grading Agreement i
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GRADING CONTRACT
City of Albertville
Psyks 7�'Addition Grading Agreement
THIS AGREEMENT, dated October � , 199 by and between the CITY OF
ALBERTVILLE, a municipal corporation("City"), and DOUGLAS PSYK AND
BEATRICE PSYK, individually(collectively, "Developer"). (
1. REQUEST�FOR GRE�DING APPROVAL. The Developer has asked the City
. to approve the grading for that residential development intended to be platted as Psyks 7�'
Addition("Propert�').
2. CONDITIONS OF APPROVAL. The City hereby approves the gradi.ng on
the condition the Developer enter into this Contract, abide by its terms and fiunish the
security required by i�
3. GRADING AND DRAINAGE PLAN. The Property shall be graded in
accordance with the Gradi.ng and Drainage plan prepared by Meyer-Rohlin, Inc. and dated
, 1998 and on file with the City of Albertville.
4. TIlviE OF PERFORMANCE. The Developer shall complete the grading and
erosion control by November 15, 1998,weather permitting. The Developer may,however,
request an extension of time from the City. If an extension is granted, it shall be
conditioned upon updating the security posted by the Developer to reflect cost increases (if
any) and the e�ctended completion date.
5. EROSION CONTROL. Developer shall implement all erosion control
� measures detailed on the Grading and Drainage plan(including construction of all ponds)in
the order required by the City Engineer. Developer shall also implement any additional
erosion control measures required by the City Engi.neer or the Wright County Soil and
Water Conservation District. All areas disturbed by the excavation and bacl�iling
operations shall be reseeded forthwith after the completion of the work in that area. Except
as otherwise provided in the erosion control plan, seed shall be rye grass or other fast-
growing seed suitable to the existing soil to provide a temporary ground cover as rapidly as
possible. All seeded areas shall be mulched and disc anchored as necessary for seed
retention. The parties recognize that time is of the essence in controlli.ng erosion. If the
Developer does not comply with the erosion control plan and/or the requirements of the City
Engi.neer or Wright County Soil and Water Conservation District, the City may take such
action as it deems appropriate to control erosion, and the landowner hereby grants the City
permission to enter upon the land and take such necessary erosion control actions.. The
City will endeavor to notify the Developer in advance of any proposed action, but failure of
the City to do so will not affect the Developer's and City's rights or obligations hereunder.
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If the Developer does not reimburse the City for any cost the City incurred for such work
within thirty(30) days, the City may draw down the letter of credit to pay any costs. No
development will be allowed and no building permits will be issued unless the Golf Course
is in full compliance with the erosion control requirements.
6. "AS BUIIrT" GRADING PLAN. Within thirty(30) days after completion of
' the grading and before the City releases the security, the Developer shall provide the City
with an "as constructed" gradi.ng plan, unless the City Engineer waives this requiremen�.
7. CLEAN UP. The Developer shall promptly clean dirt and debris from streets
that has resulted from construction work by the Developer, its agents or assigns.
8. SECURITY. To guazantee compliance with the terms of this permit and to
reimburse the City for any damage to public property as a result of the gradi.ng permitted
herei.n, the Developer sha11 furnish the City with a cash escrow or irrevocable letter of credit
from a bank("security")for$10,000. The bank and form of the letter of credit shall be
subject to the approval of the City Attorney. The letter of credit shall be for a term ending
not earlier than one year from the date of this agreemen� and shall be renewed annually by
the Developer until all grading is complete as specified herein. The City reserves the right
to draw on the letter of credit anytime withi.n 45 days of its expiration if the Developer does
not provide the City with a renewal or an acceptable substitute letter of credit.
9. RESPONSIBILITY FOR COSTS.
� A. Except as otherwise specified herein, the Developer shall pay all costs
incuned by it or the City in conjunction with the grading and erosion control, includi.ng but
not limited to Soil and Water Conservation District charges, legal, planning, engineering
and inspection expenses incurred in connection with approval and acceptance of the permi�
the preparation of this permit, and all costs and expenses incurred by the City in monitori.ng
and inspecting the grading and erosion control.
B. The Developer shall hold the City and its officers and employees
harrnless from claims made by itself and third parties for damages sustained or costs
incurred resulting from pemut approval and work done in conjunction with it. The
Developer shall indemnify the City and its officers and employees for all costs, damages
and expenses which the City may pay or incur in consequence of such claims, including
attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this pemut, including engineering and attorney's fees.
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. D. The Developer shall pay in full all bills submitted to it by the City for
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obligations incurred under this permit within thirty(30)days after receipt. If the bills are
not paid on time, the City may halt all work and construction.
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10. DEVELOPER'S DEFAULT. In the event of default by the Developer as to
any of the work to be performed by it hereunder,the City may, at its option,perform the
work and Developer shall prompfly reimburse the City fo any expense incurred by the City,
' provided the Developer is first given notice of the work in fault not less than 48 hours in
advance. This permit is a license for the City to act, and it not be necessary for the
City to seek a court order for permission to enter the lan en the City does any such
work, the City may, in addition to its other remedies, ass the cost of such in whole or in
part to the property under this agreement.
11. PLAT APPROVAL. The City's approval to grade the properly is given without
prejudice to the City's right to approve or deny the final plat for Psyks 7�'Addition.
CITY OF ALBER E
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BY: l =..,�
Mark O on, yor ,
' ��:
(� ;� �� ��/
ATTEST:'=-- L ., ,� ' f
. Linda Goeb, City Clerk
DEVELOPER:
Douglas and Beatrice Psyk.
/
Dougl, Psyk
�-�r,c�-e� �
Beatnce Psyk
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT ) ,�
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e foregoing instrument was aclaiowledged before me this /� day of
1998, by Mark Olson as Mayor of the City of Alberiville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
�. ��
' ` �-�t
Notary Public
x n�+.� ,rve�✓r x
STATE OF MINNESOTA ) � � LINDA M.HOUGHTON
� SS. ; �; i�OTARY PUALIGMINNESOTA
� v. WRIGHT COUNTY
COUNTY OF WRIGHT ) � ""'
� A(y Cnmrnission Expires Jan.31,200p
.V.i..hl�P✓vVl�✓t/J�.,`.h'W'�JVy1lM�ti�J�^NVNV■
. �The foregoing instrument was acknowledged before me this ��= day of
�6t� , 1998, by Linda Goeb, as Clerk of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
�r� ,�c� � �
Notary bli
�����C. HARTNEA
STATE OF MINNESOTA ) ���� �1UiARY PUBLlC•AA�NNESOTA
� SS. \�� �'1fAl(3HT COt1NTY
�Sy Co�anaaon E�tK.wi.f1.Z000
COUNTY OF WRIGHT ) _
The fore oing instrument was aclaiowledged before me this day of
1998, by Douglas Psyk and Beatrice Psyk.
�'��;�� MICHAEL C.COURI "
NOTARY PUBLIC-MINNESOTA Notary Public
' .,,;�. ' HENNEPINCOUNTy
My Commission Expl�e��an.31,Zppp
THIS INSTRUMENT DRAFTED
BY:
Michael C. Couri
Couri & MacArthur
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P.O. Box 369
� 705 Central Ave. E
S� Michael, MN 55376
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