2003-07-15 Grading Permit
July 15, 2003
Ms. Linda Goeb
City of Albertville
5975 Main Ave. N.E.
P.O. Box 9
Albertville, MN 55301
Re:.. Grading. Contract -- Towne lakes 3rd
Dear Ms. Goeb:
Enclosed is an executed copy of the Grading Permit. We have started the installation of
erosion control measures and site clearing operations. Site grading will commence this week.
The grading contractor will be Fehn Excavating out of Albertville (763) 497-2428.
If you have any questions please feel free to contact me.
Sincerely
IS) .~~~ --/
David Hempel
Project Manager
Encls
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GRADING CONTRACT
City of Albertville
Town Lakes Third Addition Grading Agreement
THIS AGREEMENT, date~ 1 ' 2003 by and between the CITY OF
ALBERTVILLE, a municipal corporation ("City"), and Contractor Property Developers
Company, ("Developer").
1. REQUEST FOR GRADING APPROVAL. The Developer has asked the City
to approve the grading for the first phase of that property proposed to be platted as Town
Lakes Third Addition ("Property").
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. The Property shall be graded in
accordance with the Overall Grading, Drainage and Erosion Control Plan of Town Lakes
Third Addition as prepared by Westwood Professional Services, Inc. and dated May 7, 2003
and on file with the City of Albertville.
4. TIME OF PERFORMANCE. The Developer shall complete the grading by
October 15,2003. The Developer may, however, request an extension oftime from the
City. If an extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases (if any) and the extended completion date.
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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 County Soil and
Water Conservation District, and shall abide by all erosion control requirements contained
in the Albertville Subdivision ordinance. All areas disturbed by the excavation and
backfiling 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 ground 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 County Soil and Water Conservation District, the City may take
such action as it deems appropriate to control erosion, and the landowner hereby grants the
City permission to enter upon the land and take such necessary erosion control actions..
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
hereunder. 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 or may specially assess Developer's land for the costs not covered by the letter of
credit. No development will be allowed and no building permits will be issued unless the
Golf C(){:lfg@ is in full compliance with the erosion control requirements.
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6. "AS BUILT" GRADING 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, unless the City Engineer waives this requirement..
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. The City
may, in its discretion, require the Developer to daily clean any public streets upon which dirt
or debris from the Property have become deposited. In the event the Developer fails to
promptly clean the streets, the City may have the streets clean and Developer agrees to pay
any costs incurred by the City in cleaning the streets.
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") 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 City Attorney. The letter of credit shall be for a term ending not earlier than
one year from the date of this agreement, 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
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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 from 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 and cleanup costs.
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 DEFAULT. 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 of such in whole or in
part to the property under this agreement.
11. PLAT APPROVAL. The City's approval to grade the property is given
without prejudice to the City's right to approve or deny the final plat for any portion of
T own Lakes Third Addition. Developer understands that final City approval of the Town
Lakes Third Addition project may materially differ from the grading plan for phase one, and
Developer assumes any risk and expense which Developer may incur as a result of
commencing grading prior to final plat approval.
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12. WETLANDS. Developer agrees that it shall not fill or otherwise perform any
grading activities in or upon any lands which have been identified as wetlands until such
time as the City Engineer permits said activities to occur in said wetlands.
CITY OF ALBERTVILLE
~~.~
~MaY~
Linda Goeb, City Administrator
DEVELOPER:
Contractor Property Developers Company
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
,2003, by Donald Peterson as Mayor of the City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of the
City Council.
Notary Public
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,
.
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 9 4t day of
~II~.--. ,2003, by Linda Goeb, as Administrator of the City of Albertville, a
Mi sota unicipal corporation, on behalf of the city and pursuant to the authority of the
City ~ .
,
.
BRIDGET MARIE MILLER I
NOTARY PUBLIC-MINNESOTA
MV CommiSSIOn E~pires Jan. 31. ~08
.
2fu~, ~^_
Notary Pub 'c
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this \fJ'H
day of
J\J..l Y
\>?f.5\ oc.~
,2003, by \-\~ \-\. ,Dt-1P~\NS1JTI- ' as
of Contractor Property Developer's Company.
1\ A IV, 6 it. '\
U~U0\J 1 , . ~J
Notary ublic
TillS INSTRUMENT DRAFTED
BY:
Robert Ruppe
Couri & MacArthur
P.O. Box 369
705 Central Ave. E
St. Michael, MN 55376
\\Bobruppe\bob's c\BobWbertville\Towne lakes\Town Lakes 3rd\Town I..akcs 3rd Additioo Grading Agreemenldoc
5
I..
ALLIANCE BANK
IRREVOCABLE LETTER OF CREDIT NO. 6512-93
DATE:
July 9,2003
FOR ACCOUNT OF:
Contractor Property Developers Company
TO BENEFICIARY:
City of Albertville
5975 Main Avenue N.E.
P.O. Box 9
Albertville, MN 55301
RE:
Towne Lakes - 3rd Addition
Grading Agreement
AMOUNT:
$40,000.00
EXPIRATION:
November 9, 2003
We hereby establish this as our Irrevocable Letter of Credit in favor of you, your
transferee, nominee or assignee, at the request and for the account of Contractor
Property Developers Company, a Minnesota Corporation, hereinafter referred to as (the
"Applicant"), available by your drafts at sight on up to, but not exceeding Forty
Thousand and 00/100 US Dollars ( $40,000.00) in U.S. Currency.
Your draft must be presented to us on or before November 9, 2003 and be accompanied
by:
1. Be signed by an authorized officer of the Beneficiary
2. Bear on its face the clause "Drawn under Alliance Bank Letter of Credit
Number 6512-93, dated July 9,2003."
3. A notarized written statement, signed by the drawer of the draft, to the effect that
Contractor Property Developers Company, a Minnesota Corporation, has not
completed the required improvements as defined in that certain Grading
Agreement between the City of Albertville and Contractor Property
Developers Company and that amount of such draft is due and owing the drawer
in accordance with said Agreement
120 TOWN SQUARE " 444 CEDAR STREET '" ST. PAUL MN 5510] '" (65])229-0070 ... FAX(65 1)229-0966
t \"
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Irrevocable Letter of Credit No. 6512-93
Applicant: Contractor Property Developers Company
Beneficiary: City of Albertville
Page 2 of2
4. A copy of Beneficiary's notice to Applicant of its intent to draw upon this Letter
of Credit.
5. Be accompanied by this Letter of Credit Number 6512-93.
We hereby agree that all drafts under and in compliance with the terms of this Letter of
Creditwill be duly honored if drawn and presented for payment at our offices located at
120 Town Square, 444 Cedar Street, St. Paul, Minnesota 55101, by 3:00 p.m., Central
Standard Time, on or before the expiration date of November 9, 2003. However, this
Letter of Credit shall be void as to the portion payable if not presented by the close of
business on the expiration date.
It is a condition of this Letter of Credit that it shall be automatically extended without
amendment for a four (4) month period upon the Expiration Date and upon each
anniversary of the Expiration Date, unless at least thirty (30) days prior to the Expiration
Date or anniversary thereof, Alliance Bank notifies Beneficiary and Applicant in writing
by registered mail that Alliance Bank elects not to so extend this Letter of Credit for any
additional period.
The Letter of Credit shall be governed in all respects by the laws of the State of
Minnesota, including the Uniform Commercial Code in effect in said State.
Except as otherwise stated herein, the Letter of Credit is subject to the Uniform Customs
and Practices for Documentary Credits (1993 Revision), International chamber of
Commerce Publication No. 500, or any subsequent revision thereto.
Alliance Bank
By:
~~~
Une L. Turbes
Its: Vice President