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2000-08-16 Sod/Grass Compliance . , ... 1'0, W Michael C. COUli. Andrew J. MacArthur Marcus W. Miller . A w licensed in lJlirwis COURl & MACARillUR Attorneys at Law 705 Central A venue East PO Box 369 St. Michael, MN 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) couriandmacanhur@pobox.com August 16, 2000 VIA CERTIFIED MAIL. RETURN RECEIPT REQUESTED Pilot Land Development Company, Inc. c/o Kent Roessler 13736 N.E. Johnson Street Ham Lake, MN 55305 Re: City of Albertville; Violation of Section lB3 of Developer's Agreements: City of Albertville Developer's Agreement Parkside 4th Addition; City of Albertville Developer's Agreement Center Oaks Second Addition; City of Albertville Developer's Agreement Center Oaks Third Addition Dear Mr. Roessler: It has recently come to the attention of the City of Albertville that several lots platted under the Developer's Agreements described below are not in compliance with section lB3 of these Developer's Agreements in that no grass has been planted in the back yards of these lots. Because a lack of grass promotes weed growth, the City is requesting that you now plant grass seed or sod in these back yards in compliance with Section lB3 of each of the Developer's Agreements. The subject properties which are not in compliance are as follows: Amber Wilkinson 6002 Kalland A venue NE (City of Albertville Developer's Agreement Parkside 4th Addition) Shon Burns 10702 Karston A venue NE (City of Albertville Developer's Agreement Center Oaks Second Addition) Joel & Kelley Cornell 10602 Karston A venue NE (City of Albeliville Developer's Agreement Center Oaks Second Addition) Paul & Lloyd Beaudry 5506 Kalenda Drive NE (City of Albertville Developer's Agreement Center Oaks Third Addition) This letter shall serve as notice to you that the City considers you in default under each of the above-described Developer's Agreements and now requests that you cause grass to be planted in the back yards of each of these lots within the 30 days allowed to cure a default under Section 18 of the Master Agreement dated February 27, 1998. If you do not establish grass turf in these back yards within 30 days, the City will enforce its ordinances and the subject Developer's Agreements, most likely through any necessary court actions. Please be advised that under the terms of the subject Master Agreement and Developer's Agreements, your company will be responsible for any expenses the City incurs in enforcing the grass/sod provisions of the subject Developer's Agreements. As you are aware, these costs may include attorney's fees and court costs, if necessary. Please notify this office when you have planted either the grass or the sod on each of the lots. Your cooperation in this matter is greatly appreciated. If you have any questions, please do not hesitate to contact this office. ;;:z;{ (. Michael C. Couri Couri & MacArthur Cc: ~da Goeb Don Jensen C:\Bob\A1bertville\Ordinances\Pilot Letter l.doc PILOT LAND DEVELOPMENT COMPANY August 18, 2000 Mr. Shon Burns 10702 Karston Avenue NE Albertville, MN 55301 RE: Turf not acceotable to City of Albertville Dear Mr. & Mrs. Cornell: This letter confirms our receipt of a complaint from the City of Albertville regarding your lack of completion of grass and trees throughout your yard. Pilot Land was the developer of your neighborhood. Through the sale and construction of your home to you by your builder, you agreed to have your front yard sodded within 30 days of closing and the rest of the yard covered by acceptable turf within a reasonable period of time. Most of your neighbors accomplished both the placement and maintenance of acceptable turf to the City (and surrounding neighbors) within 60 days of closing. It has now been over one full year since you occupied your lot, and due to our receipt of a formal complaint by the City, it is clear that your have not yet completed your work. This is not a personality issue, but an obvious lack of performance and maintenance issue. Please notify us and the City Administrator listed below immediately (within 5 business days of the above date) if you intend to definitely comply with having seeded or sodded the balance of your lot with bluegrass blend turf. A contractor we have used for a number of model homes is Complete Yard Care, Steve ElIson at 320-251-0970. They are available to hydoseed the unacceptable portions of your rear yard for about 12 cents per square foot. This would include some prep clean up of your yard as well. You can hire any contractor or do the work yourself. The completion of the work is not broadcast spreading seed without reasonable prep work. If we do not hear from you from to September 8th, the City or Pilot Land Development will hire a contractor to perform the necessary work and bill you for their expenses. It is your obligation as a resident to maintain your property to a level acceptable to the City and the surrounding neighborhood. If you have already completed acceptable work prior to the above date, thank you in advance. This work should be verified acceptable to the City Clerk. Your neighbors will appreciate your quick response to an issue where you haven't been quick in the past. Land Development Director cc: Linda Goeb - City Administrator Mike Couri - City Attorney 1 \\ServerO 1 \don\LANDDEV\LETTERS\PROJECTS\ALBR TVLE\OPERA TIO\badturfl 0702Karston.doc 13736 Johnson Street NE . Ham Lake, MN 55304 . 757-9816 . Fax: 757-4094 PILOT LAND DEVELOPMENT COMPANY August 18,2000 Mr. Paul and Mr. Lloyd Beaudry 5506 Kalenda Avenue NE AlbenhriIIe,MN 55301 RE: Turf not acceptable to City of Albertville Dear Mr. Beaudry: This letter confirms our receipt of a complaint from the City of Albenhrille regarding your lack of completion of grass throughout your yard. Pilot Land was the developer of your neighborhood. Through the sale and construction of your home to you by Kenco, you agreed to have your front yard sodded within 30 days of closing and the rest of the yard covered by acceptable turf within a reasonable period oftirne. Most of your neighbors accomplished both the placement and maintenance of acceptable turf to the City (and surrounding neighbors) within 60 days of closing. It has now been over one full year since you occupied your lot, and due to our receipt of a complaint by the City, it is clear that your have not yet completed your work. Please notify us and the City Administrator listed below immediately (within 5 business days) if you intend to definitely comply with having seeded or sodded the balance of your lot with bluegrass blend turf. A contractor we have used for a number of model homes is Complete Yard Care, Steve ElIson at 320-251-0970. They are available to hydoseed your yard for about 12 cents per square foot. This would include some prep clean up of your yard as well. You can hire any contractor or do the work yourself. The completion of the work is not broadcast spreading seed without reasonable prep work. If we do not hear from you from to September 8th, the City or Pilot Land Development will hire a contractor to perform the necessary work and bill you for their expenses. It is your obligation as a resident to maintain your property to a level acceptable to the City and the surrounding neighborhood. If you have already completed acceptable work prior to the above date, thank you in advance. This work should be verified acceptable to the City Clerk. Your neighbors will appreciate your quick response to an issue where you haven't been quick in the past. Sincerely, D~~ Land Development Director cc: linda Goeb - City Administrator Mike Coon - City Attorney 1 \\ServerQ 1 \donILANDDEV\LETIERSIPROJECTS\ALBRTVLE\OPERA TIO\badturf5 506Kalenda.doc 13736 Johnson Street NE . Ham Lake, MN 55304 . 757-9816 . Fax: 757-4094 PILOT LAND DEVELOPMENT COMPANY August 18,2000 Mr. Joel and Ms. Kelly Cornell 10602 Karston Avenue NE Albertville, MN 55301 RE: Turf not acceptable to City of Albertville Dear Mr. & Mrs. Cornell: This letter confirms our receipt of a complaint from the City of Albertville regarding your lack of completion of grass throughout your yard. Pilot Land was the developer of your neighborhood. "Through the sale and construction of your home to you by your builder, you agreed to have your front yard sodded within 30 days of closing and the rest of the yard covered by acceptable turf within a reasonable period of time. Most of your neighbors accomplished both the placement and maintenance of acceptable turf to the City (and surrounding neighbors) within 60 days of closing. It has now been over one full year since you occupied your lot, and due to our receipt of a formal complaint by the City, it is clear that your have not yet completed your work. lbis is not a personality issue, but an obvious lack of performance and maintenance issue. Please notify us and the City Administrator listed below immediately (within 5 business days of the above date) if you intend to definitely comply with having seeded or sodded the balance of your lot with bluegrass blend turf. A contractor we have used for a number of model homes is Complete Yard Care, Steve ElIson at 320-251-0970. They are available to hydoseed the unacceptable portions of your rear yard for about 12 cents per square foot. lbis would include some prep clean up of your yard as well. You can hire any contractor or do the work yourself. The completion of the work is not broadcast spreading seed without reasonable prep work. If we do not hear from you from to September 8th, the City or Pilot Land Development will hire a contractor to perform the necessary work and bill you for their expenses. It is your obligation as a resident to maintain your property to a level acceptable to the City and the surrounding neighborhood. If you have already completed acceptable work prior to the above date, thank you in advance. This work should be verified acceptable to the City Clerk. Your neighbors will appreciate your quick response to an issue where you haven't been quick in the past. s~ Donald Jensen Land Development Director cc: Linda Goeb - city Administrator Mike Couri - City Anomey 1 \\Servert) llOOn\LANDDEV\LETTERS\PROJECTS\ALBRTVLE\OPERA TIO\badturfl 0602Karston.doc 13736 Johnson Street NE . Ham Lake, MN 55304 . 757-9816 . Fax: 757-4094 PILOT LAND DEVELOPMENT COMPANY August 18, 2000 Ms. Amber Wilkinson 6002 Kalland Avenue NE Albertville, MN 55301 RE: Turf not acceDtable to City of Albertville Dear Ms. Wilkinson: This letter confirms our receipt of a complaint from the City of Albertville regarding your lack of completion of grass throughout your yard. Pilot Land was the developer of your neighborhood. Through the sale and construction of your home by Kenco, you agreed to have your front yard sodded within 30 days of closing and the rest of the yard covered by acceptable turf within a reasonable period of time. Most of your neighbors accomplished both the placement and maintenance of acceptable turf to the City within 60 days of closing. It has now been over one full year since you occupied your lot, and due to our receipt of a complaint by the City, it is clear that your have not yet completed your work. Please notify us and th.e City Administrator listed below immediately (within 5 business days) if you intend to definitely comply with having seeded or sodded with bluegrass blend turf on your lot. A contractor we have used for a number of model homes is Complete Yard Care, Steve ElIson at 320-251-0970. They are available to hydoseed your yard for about 12 cents per square foot. This would include some prep . You can hire any contractor or do the work yourself. If we do not hear from you from to September 8th, the City or Pilot Land Development will hire a contractor to perform the necessary work and bill you for their expenses. It is your obligation as a resident to maintain your property to a level acceptable to the City and the surrounding neighborhood. If you have already completed acceptable work prior to the above date, thank you in advance. This work should be verified acceptable to the City Clerk. Your neighbors will appreciate your quick response to an issue where you haven't been quick in the past. Sincerely, Land Development Director cc: Linda Goeb - City Administrator Mike Coori - City Attorney 1 \\Serverlllldon\LANDDEVlLETTERS\PROJECTS\ALBRTVLE\OPERA TIO\badturffiOO2Kalland.doc 13736 Johnson Street NE . Ham Lake, MN 55304 . 757-9816 . Fax: 757-4094