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2008-09-29 Grading Contract GRADING CONTRACT City of Albertville Niemeyer Trailer Sales Grading Agreement THIS AGREEMENT, dated ~ . a 9 , 2008 by and between the CITY OF ALBERTVILLE, a municipal corporation ("City"), and Niemeyer Properties LLC and Wellerson, LLP (collectively, "Developer"). 1. REQUEST FOR GRADING APPROV AL. The Developer has asked the City to approve the grading for the first phase of that property proposed to be platted as Niemeyer Trailer Sales ("Property"). 2. CONDITIONS OF APPROV AL. 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 Grading Plan of Niemeyer Trailer Sales as prepared by Meyer-Roblin, Inc. and dated August 22, 2008 and on file with the City of Albertville. 4. TIME OF PERFORMANCE. The Developer shall complete the grading by June 1, 2009. 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 (if any) and the extended completion date. 5. EROSION CONTROL. Developer shall implement all erosion control measures detailed in the Storm Water Pollution Prevention Plan ("SWPPP") and on the Grading and Drainage plan (including construction of all temporary and permanent 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 and the Property is in a condition such that significant soil erosion is likely to occur, 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 costs 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 development is in full compliance with the erosion control requirements. ',b. "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 public 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 cleaned 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$6,000.00 ($1,000 for each acre ofland included within the phase six 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 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 pay or 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.! The City may draw on Developer's security to reimburse itself for any bills not paid by Developer within said 30 day period. 10. DEVELOPER'S DEFAULT. In the event of default by the Developer as to any of the work or obligations to be performed by it hereunder, the City may, at its option, perform the work apd 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 and an opportunity to cure not less than five business days in advance, except in the event significant soil erosion is imminent as set out in paragraph 5 of this Agreement, in which case the City may take action pursuant to the time line and notice provisions set out in said paragraph 5. If, after notice as required under this paragraph, Developer timely commences to cure such default, the City will have no right to perform such work as long as the Developer is diligently prosecuting such cure to completion. 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 operating under the authority of this paragraph. The City may draw on Developer's security to reimburse itself for any expenses incurred by the City due to Developer's default under this paragraph. 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 Niemeyer Trailer Sales. Developer understands that final City approval of the Niemeyer Trailer Sales project may materially differ from the grading plan referenced in paragraph 3 to this Agreement, and Developer assumes any risk and expense which Developer may incur as a result of commencing grading prior to final plat approval. 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. 13. INSURANCE. Prior to the commencement of grading, Developer shall provide the City with a certificate of insurance evidencing general liability insurance in the name of the Developer (with the City and the City Engineer named as additional insureds) in the minimum amount of $400,000 per person and $1,200,000 per occurrence, and shall provide the City with a certificate of insurance evidencing workers' compensation insurance as required by law. 14. TEMPORARY STOCK PILES. Although no temporary stock piles are identified on the grading plan, temporary stock piles shall not remain on site longer than 30 days unless written approval of a longer time frame is provided by the City Engineer. CITY OF ALBERTVILLE R~~. Ron Klecker, Mayor ~,~ Bridget M' er, CIty Clerk DEVELOPER: Niemeyer Properties LLC y: cr4---?1<E" 5'- Its: c.. &:- t) Wellerson, LLP B~~:;P Its: 7 _". -"t\~"" / e . /J1 . / /7' d-- y t:... j.e...;So ... I STATE OF NUNNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 30~ day of Se_p\t'(Y\~ ,2008, by Ron Klecker as Mayor of the City of Albertville, a Minnesota municIpal corporation, on behalf of the city and pursuant to th authority of the City Council. ~\ D.ru, Notary Public STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this ?x)~ day of ~~,\, Dev ,2008, by Bridget Miller, 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. G TORI ANN LEONHARDT ^. .., tV '~ !\' I Y1A rtI ' . i NOTA,H, Y P UBUC.M,INNESOTA ~ 'v 1 ' I ..... My Gomm, Exp. Jan. 31, 2009 Notary Public "PVJ'i!!;ttri"'it' , STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) . ~, .~ The foregoing instrument was acknowledged before me this ;JY1 .-f day of ~PC. ,2008, by ?e~ C;. ?;'-Y5~ ,as p.yht~ / C-/0 ofNie~prefJertie3 LLG. , Wel $D~~h /! Notary ublic e. BRADLEY V. LARSON , NOTARY PUBLIC. MINNESOTA . - ., My Commission E~plres Jan. 31,2010 STATE OF MINNESOTA) ) ss. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this .;l5~ ~?-. ,2008, by -:=J"~- ~ - /V';~ , as CE"t:/ ofv..Tellt:.L~vh, LL~ fJl"e1n~ fJrv~5 LtC ~~~ Notary ublic THIS INSTRUMENT DRAFTED BY: Michael C. Couri Couri, MacArthur & Ruppe, P .L.L.P. P.O. Box 369 705 Central Ave. E 81. Michael, MN 55376 day of ~ LISA N. THELEN NOTARY PUBLIC - MINN!:SClTA My Cornnission Expires Jan. ;,. .:010 ---- ,;)