2008-02-06 Payment Request
..
""Also licensed in California
COURl, klACARTHUR &
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@earthlink.net
Kristen H. Carr
Kyle R. Hartnett
Michael C. Couri-
Andrew J. MacArthur
Robert T. Ruppe--
"Also licensed in Illinois
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February 6, 2008
VIA REGISTERED MAIL
Hunters Development, LLC
Attn: Matt Froelich
201 S. 7th Street
P.O. Box 1166
Monticello, MN 55262
RE: City of Albertville; Hunters Pass Estates.
Dear Mr. Froelich:
Our office represents the City ofAlbertville"Minnesota. On August 12,2005,
Hunters Development, LLC ("Hunters") entered into a Conditional UseIPlanned Unit
Development Agreement for Hunters Pass Estates with the City of Albertville
("Developer's Agreement"). Paragraph 8 of that Developer's Agreement states as follows:
It is understood and agreed that the Developer will reimburse the City for all reasonable
administrative, legal, planning, engineering and other professional costs incurred in the
creation, administration, enforcement or execution of this Agreement and the approval
of the Development, as well as all reasonable engineering expenses incurred by the City
in designing, approving,.installing, and inspecting said Improvements described above.
Developer agrees to pay all such costs within 30 days of billing by the City. If
Developer fails to pay said amounts, Developer agrees to allow the City to reimburse
itself from said surety and/or assess the amount owed against any or all of the
Development without objection.
This paragraph requires Hunters to pay all costs incurred by the City arising from the
approval of the development and the installation of the improvements.
To date, the City has billed Hunters $5,407.67 of costs which are required to be
reimbursed under paragraph 8 but which have not yet been paid and which have been
outstanding more than 30 days. This letter will serve as notice of default under the
Developer's Agreement. Pursuant to paragraph 15A of the Developer's Agreement,
February 6,2008
Page 2
Hunters has 30 days to pay this amount in full. If Hunters fails to do so, the City may draw
from the letter of credit on file with the City and reimburse itself for such costs. Any costs
associated with drawing on the letter of credit will be required to be paid by Hunters, and
will be added on to the amount drawn on the letter of credit. The City would prefer that you
pay the amounts due without the necessity of the City drawing on the letter of credit.
Also, please note that the City has recently sent you an additional bill for $865 which
will become 30 days past due in approximately two weeks. Please pay this bill within the
30 day period. If you do not timely pay this bill, the City will issue another default letter
and will withdraw that amount, plus expenses, from your letter of credit.
Please feel free to contact me if you have any questions regarding this matter. Thank
you.
Sincerely,
JJJJ{ ~
Michael C. Couri
Couri, MacArthur & Ruppe, P.L.L.P.
cc: Larry Kruse, City Administrator
Tina Lannes, City Finance Director