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2000-05-31 Grading Contractf~1A':-31-2000 05 50 E. G.RUD & SONS INC 612 786 6007 P.03i07 root~e~'~ P. 02 .~ GitADING CONTRACT ;~ ; City of AlbertvlEle Albert Villas Grgding Agreement ,r .; ~s .A~'~.EEMENT oared Mar ch , 2004 by ar~d between the CITY OF ALBERTV]LL~,; a municipal corporation ("City"), amd Edina Developrrnez~t Corporation, '("'Derreioper") ~. , 1. l~QU~ST FOR GRADING APPROVAL. The Devel oper .has asked the City 'to approve the g~a~di~.g for the first phase of tb~at property proposed to be platted as Albert j~T~ltas ("Property',°). . ~; . ~ ~. ~, C~NDITTONS OF APPRpVAI.,. The City hereby approves the grading on ;Ole condition ih~ ~eyeloper enter into ibis Contract, abide by its terms and furnish the scctuity regwred ~y ~t, ' ~• GRADING AND DRA1NACx1r PL~-N: Ths Property shall be graded in aGrordance with the Grading Plan of Albert Villas for phase one of ,A~bert Villas as prepared hry E.G.;Ru'd, & Sons, Inc. and dated March 17, 2000 and on file with the City of .~`~lbertville. ~i , 4. 1?11V1£~ OF PERFORMANCE. The Developer shall complete the grading by duly 1S, X000, ~veatler perrnittixsg. 'The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the j security posted b~ the Developer to reflect cost increases (if any) and the extended ' completion date. 5. ~ROSION CONTROL. Developer shall implement all erosion control ~neasuns detai~~ed 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 erosio~t ,canfirolmeasures required by the City Engineer or the' Wright County Sail and ' lYater~ Conservatoo; District, and shall abide by all erosion control requirements contained the A,lberhville S~i~division ordinauee, All areas disturbed by the excavation and backfiring operations shall be reseeded forthwith after the completion of the work in that area. accept as ott-eivvise provided in the erosion control plans seed shalt be rye grass or 'other fast-gror~vS.~g need suitable to the existiag soil to provide a temporary ground cover as i~pidly as possy;b~e. All seeded areas shall be mulched and disc anchored as necessary for seed rete~ntaon. i Theparties recognize that time is of the essence in controlling erosion. if . ' ,the Developer does not comply with the erosion control plan and/ox the requirements of the ,` City Engineez or Wright County Soil at-d Water Conservation District, the City may take 5ucli argon as it deerms appropriate to control erosion, .and the landowner b~xeby grants the City permissioh to eater upon the land and take such necessary erosion control actions.. 1 f~1AR-31-2000 ®550 E. G.RUD & SONS INC 612 786 6007 P.04i07 ' ' - ropDGf~ f r, (~,j '1"he City will e'nd~avor to notify the Developer in advance of any proposed action, but ~ailure of the City w do so will not affect the beveloper's and City's rights or oblig$tions hereund$r. If the l~e~eloper does nar reimburse the City for any cost the City incurred for ~uch work within thiar~ty (30) days, the City may draw down the letter of credit to pay any Forts or may speiclally assess Developer's land for the costs not covered by the letter of Ic~edit No devela ~t wrill lae allowed and no building pesrnits will be issued unless the jGolf CouFSe is ix~, ~~ compliance with the erosiott control uarements. i ' ~. "~S BTJILT" GRAAINCr 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 consintct~ed" grading plan unless the City Engineer waives this requirement,. ~. CI.EA,~T UP. The Developer shall promptly clean dirt and debris from streets !that has resulted`fronh construction work by the Developer, its agents or assigns. i g. SECY.T~I'T'Y, To guarantee compliance with the terms of this permit anal to re~nburse the Cifiy fox any damage to public property as a result of the grading permitted !hereiq xhe Developgic shall furnish the City with a cash escrow or irre~voeable letter of credit from a bank ("security"} in the amount of $ 1, 000 for each acre of land included within the phase' one grading plan. The bank and, Form of the letter of credit shall be subject to the approval of the ICity'Attorney. The letter of credit shall be for a term ending not earlier than one year from die date of this agreement; and shall be renewed annually by the Developer ., until all grading ~ cgmplete as speczfied~he*ein. The City reserves the right to draw on the letter of credit an~ytuhe v+rithin 45 days of its expiratyon if the Developer does not provide the C.~.ty with a renewal !or an aceep~ble substitute letter of credit. ~. RESPON'SIBIIJITY'FOR COSTS. A. ~ ~ Except as otherwise specif ed herein, the Developer shall pay all costs inctuxed by it or fhe.City in conjttncbinn with the grading and erosion control, including but not1=:naited to Soil attd ~V'ater Conservation Dislrjct charges, legal, planrvxtg, engineering ~ and inspection expchses incurred in connection with approval and acceptance of the permit; the preparationro~this permit; and all, costs and expenses incurred by the City in monitcming ar~d inspecting the gt~ding and erosion control. ~ $. ~ The Developer shall hold the City and its officers and employees harmless from cl',ain~,s made by itself and third patties for damages sustained or costs incurred resulting fiotn permit approval and work done in eonjrittction with it. The I Developer shall indemtufy the City and its officers $nd employees for all costs, dammages and eacpeca,ses v~vliichl the City may pay or incur in consequence of such claims, including ,attorney's fees. 2 f•1AR-31-2000 05 50 E. G.RUD & SONS INC 612 786 6007 P.05i07 "' 786f007 P, 04 ,.. ~ , C. The l~veloper shall reimburse the City for costs incurred in the e~orcement Of thins permit, inClud~ engineex9ng and attorney's fees. i ~' D.; . 71ie Developer shall, pay in full all bills subanitted to it by the City for pbligati~ns incpxred Under this petxnit within thirty (3~b~ days after receipt If the bills are not paid' on timer the ~i#y may halt aU woxk and construction. ~, 0 10: AE~i~ELOPI;R°S DEPAUTjT. Itt the event of default by the Developer as tQ .atiy of ~e work ~o be performed by it hereunder, the City may, at its option, perform the ;work and Developer 'shall prorapfly reimburse the City for any expense incurred by the City, provided the Developer is first given notice of the work in default not less than 48 hours in 'advance. ,Thus perrr,.i~ is a license for the CS.ty to act; and it shall not be necessary for the ,City to seek a eou'rt order for permission to enter the land. When the City does any such jv5rezl~ the. City niay, in addition to its other remedies,. assess the cost of such in whole or in {parf to the propexty under this agreement. ;. 11• PLATiAPPROVAL. The City's appxoval to grade the pzopezty is given +'without prejudice to ~ city's right to approve or deny the final, plat for any portion of !Albert Villas. l~eve~'opex understands that final City approval .of the Albert 'Villas project nf,ay materially differ from the grading plan for phase one, and Developer assumes any risk E and expanse wltitl~. Developer may incur as a result o-f cornmeneing grading prior to final plat approval, 12. W~TLAI3D5. Developer agrees that it shall not fill or otherwise pexfoxm any, .:grading activities in or upon any lands which have been identified as wetlands until such time as tie City Engineer permits said a~eZivities to occur in said vvet] ands. City and 3 Developer expect that such permission will occur a.~ all wetland appt'aval procedures have been completed. ; ' r s DEVELOPER: ` F.ditta Development Corporation 3 3 MAR-31-2000 05 51 E. G.RUD & SONS INC 612 786 6007 P.06i07 ......v ~ ~ VJ y~ f II 1 ~~ I. ~, ~ .f .~ i I f ~ , ~TAT,F OF MII+~~~SOTA ) f ~ . ) ss. I ~;COUN`fI' OF ~,HT ) . ~ ~ ~ y I ~ ~ ~ I ! ~.j i ~ ~ The forgoing i~tYVment was ac~ovu~ledged b~fote me this day of i ~ ~ - , 2000, by Sohn Olson as Mayor of the City of Albert~rille, a i ' i Mntn~otit mzmi al co atio ~ on behalf of the i j ~P ; rP~' ~ c f~- and plusua;ir to' the aiur~oxity of the I ~ ; City C©uncil. J i ~. Narax~,- Public - - .. STATE ~ } I ~ , OF MTN~' SOFA ,i } ss. ~~ ~ ; ' .' COU1~T'~ OF GrF~'T ) ~ ;i' ~ j I , ~' ,f i j ; i ;The fore~oiaa~g irmstrument was acknowledged i~efore nine this day of i __. X000, by Linda Goeb, as Adiministrator of the City of Albertvi~e; a ~ 1V~innesota muzucipaZ coipordtiarl~ on behaYf of the city and lsuxsuant to die authority of the i ~~ ~, ~ ~ ~ Notary Public ~ ~ ,. , . , ~! i 1 ; S ~ i i . , P1AR--31-2000 85 ~ 51 E.G.RUD & SONS INC 612 786 6007 P.07i07