2005-10-18 Release of Dev Agreement
"Also licensed in Illinois
COURI, MACARTHUR &
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
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DavidR. Wendorf/ JI ~
Kristen H. Carr <'Pt/... '?>
Alison K. Marwitz '$'
Michael C. Couri.
Andrew J. MacArthur
Robert T. Ruppe..
""Also licensed in California
October 18, 2005
Mr. Andy L. Bond
5775 Wayzata Boulevard
8t. Louis Park, IvlN 55416-1231
Re: City of Albertville; Prairie Run.
. Dear Mr. Bond:
I have received your letter dated October 17, 2005 regarding your inquiry as to the
release of the Developer's Agreement as property is sold by the Heurings and the
donation of property in satisfaction of park dedication fees. As to the release of the
Developer's Agreement, the City has issued partial releases in the past while retaining
those portions of the Agreement that are permanent in nature. While I have not examined
this Developer's Agreement in detail to determine what issues would not be released, I
expect that the park dedication requirements, the restrictions on farm usage, the granting
of a planned unit development, and the Heurings' responsibility to reimburse the City for
its costs and expenses would remain, among other as yet unidentified provisions. The
Heurings would be required to reimburse the City for the costs it incurs in processing
such releases. Also, any such release would have to be first approved by the City
Council.
As an alternative to a straight release, the City has processed an assignment of the
rights and obligations of the developer's agreement to a new purchaser. Under this
scenario, the Heurings would be released and the purchaser would agree to perform all of
Heuring's obligations under the Developer's Agreements. As with the release noted
above, Heuring would have to pay all of the City's costs in processing the assignment and
the City Council would have the ultimate decision as to whether to approve the
assignment.
As for the offer to donate property north of the drainage pond for park dedication
purposes, a specific request indicating the location and amount of land to be donated, and
the amount of park dedication fees (or properties) that the Heurings want to have credited
Mr. Andy L. Bond
October 18,2005
Page 2 of2
in exchange for the park dedication would have to be made to the City. The planning
commission would then make a recommendation to the City Council, and ultimately, the
City Council would decide that issue.
In 1996 the City completed a comprehensive park plan which designated the
approximate locations of future parks. Virtually all of these parks have since been
acquired as properties have developed, and the City has rarely deviated from this plan,
and only then when a need for a park in a particular location could be demonstrated. I
would suggest that you first speak with Al Brixius ofNAC regarding this request as his
office would likely assist the planning commission and City Council in this decision.
Please feel free to contact me with any additional questions you may have. Thank
you.
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~i~~ouri
Couri, MacArthur & Ruppe, P.L.L.P.
Cc: Larry Kruse
Al Brixius