1997-06-23 Grading Contract
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GRADING CONTRACT
Parkside Commercial Park
AGREEMENT dated JlUle~.J , 1997 by and between the CITY OF
ALBERTVILLE, a municipal cOlporation ("City"), and PILOT LAND DEVELOPMENT
COMPANY, INC., a Minnesota cOlporation (the "Developer").
1. REQUEST FOR GRADING APPROVAL. The Developer has asked the City
to approve the grading for Parkside Commercial Park (a future plat referred to in this contract
as "Parkside Commercial"). The legal description for Parkside Commercial is described on
the attached Exhibit "A", and the Developer wishes to grade Parkside Commercial before
preliminary plat approval.
2. CONDITIONS OF APPROVAL. The City hereby approves the grading on the
condition the Developer enter into this Contract, abide by its terms and furnish the security
required by it.
3. GRADING AND DRAINAGE PLAN. Parkside Commercial shall be graded
in accordance with the Grading and Drainage plan dated May 21, 1997 and on file with the
City of Albertville. The plan shall not be attached to this permit. If the plan varies from the
written terms of this permit, the written terms shall control.
4. TIME OF PERFORMANCE. The Developer shall complete the grading and
erosion control by September 30, 1997. 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 and the extended 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 Engineer or the Wright COlUlty Soil and Water
Conservation District. All areas disturbed by the excavation and backfilling 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 grolUld 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 controlling erosion. If the Developer does not comply
with the erosion control plan and/or the requirements of the City Engineer or Wright COlUlty
Soil and Water Conservation District, the City may take such action as it deems appropriate to
control erosion. 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 herelUlder. 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
Parkside Commercial is in full compliance with the erosion control requirements.
6. GRADING PLAN. Parkside Commercial shall be graded in accordance with
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the Grading and Drainage 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" grading plan.
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 guarantee compliance with the terms of this permit and to
reimburse the City for any damage to public property as a result of the grading permitted
herein, the Developer shall furnish the City with a cash escrow or irrevocable letter of credit
from a bank ("security") for $5,000.00. 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
September 30, 1998, 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 within 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
incurred by it or the City in conjunction with the grading and erosion control, including 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 permit, the
preparation of this permit, and all costs and expenses incurred by the City in monitoring and
inspecting the grading and erosion control.
B. The Developer shall hold the City and its officers and employees
harmless from claims made by itself and third parties for damages sustained or costs incurred
resulting form permit 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 payor 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 permit, including engineering and attorney's fees.
D. The Developer shall pay in full all bills submitted to it by the City for
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.
10. DEVELOPER'S DEF AUL T. 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 promptly 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.
This permit is a license for the City to act, and it shall not be necessary for the City to seek a
court order for permission to enter the land. When the City does any such work, the City
may, in addition to its other remedies, assess the cost in whole or in part.
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11. PLAT APPROVAL. The City's approval to grade Parkside Commercial is given
without prejudice to the City's right to approve or deny the preliminaty or final plat.
CITY OF ALBERTVILLE
BY~ ..?
AND~LA . ~rn
Linda Houghton, City Clerk()
DEVELOPER:
PILOT LAND DEVELOPMENT COMPANY,
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STATE OF MINNESOTA)
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COUNTY OF WRIGHT )
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</The foregoing instrument was acknowledged before me this <cl..3 day of
," 1997, by Mark Olson as Mayor of the City of Albertville, a
esota municipal corporation, on behalf of the city and pursuant to the authority of the
Council. \ -/... //; /1 ;::lj .
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N~~fubt>0' ,J .;:{L~?f~V'"
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LINDA M. HOUGHTON I
NOT~.RY PUBUC-MINNESOTA
WRIGHT COUNTY
l\4yComrnission Expires Jan. 31, 2000
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STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrwnent was acknowledged before me this \ day of
~ ~\1 ' 1997, by Linda Houghton, 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.
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f .6~...;;~\ a etta M. Van Dale ,
: fr;c.4,l1(; NOTARY PUBLIC-MINNESOTA';
f '..::::4S~:/. WRIGHT COUNTY i
t_. ........ My Comm. Expires Jan. 31 2000:
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Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
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e~ PATRiCIA PRATT
\~ . NOTARY PUflUC - MINNESOTA
My Comrr.. Exp. Jan. 31, 2000
Th foregoing instrwnent was acknowledged before me this c:J U day of
199~ by Kent Roessler, as President of Pilot Land Development
Compan ,Inc. 1 ..~-,). //.__)
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Notary Public
TIllS INSTRUMENT DRAFTED
BY:
Michael C. Couri
Radzwill & Couri
P.O. Box 369
705 Central Ave. E
St. Michael, MN 55376
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