2005-12-02 Grading Contract
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GRADING CONTRACT
City of Albertville
Shoppes at Towne Lakes Second Addition Grading Agreement
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THIS AGREEMENT, dated December ~ .-uY, 2005 by and between the CITY OF
ALBERTVILLE, a municipal corporation ("City"), and Allen R. Keller and Julie A. Keller,
husband and wife, Ted R. Klein and Jane E. Geers-Klein, husband and wife, Wendell D.
Timmer and Carla J. Timmer, husband and wife, Stephen R. Upgren and Kathleen A.y
Upgren, husband and wife, and Lionel D. Kull and Debra J. Kull, husband and wife, ail
collectively referred to herein as "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 Shoppes
at Towne Lakes Second 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 Grading, Drainage and Erosion Control Plan of Shop pes at Towne
Lakes Second Addition as prepared by Westwood Professional Services, Inc. and dated
October 24, 2005 and on file with the City of Albertville. In the event the City Engineer
requires modifications to the Grading and Drainage plan, Developer shall comply with all
grading and drainage related requirements of the City Engineer.
4. TIME OF PERFORMANCE. The Developer shall complete the grading by
October 31, 2006. 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
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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 development
is in full compliance with the erosion control requirements.
6. "AS BUlL T" 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 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 $7,390.00 ($1,000 for each acre ofland included
within the phase six grading !llan). The bank and form ofthe 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
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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
Shoppes at Towne Lakes Second Addition. Developer understands that final City approval
of the Shoppes at Towne Lakes Second 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.
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 $300,000 per person and $1,000,000 per occurrence, and shall
provide the City with a certificate of insurance evidencing workers' compensation insurance
as required by law.
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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
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- Donal~rs~~'
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ALLEN R. KELLER AND JULIE A. KELLER
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Allen R. Keller
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ie A. Keller
TED R. KLEIN AND JANE E. GEERS-KLEIN,
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Ted R. Klein OJ
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Ja E. Geers-Klein
WENDELL D. TIMMER AND CARLA J. TIMMER
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Wendell D. Timmer
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Carla J. Timmer
Stephen R. P
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~n/:Upgren n~
LIONEL D. KULL AND DEBRA J. KULL
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Lionel rf Kull '
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D raJ. Kull c/ ...
STATE OF MINNESOTA )
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COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this 2('.=t1-- day of
D.R--cr?'7"Al Ui"1 ,2005, 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.
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Notary ublic
'TINA LOUISE LANNES
NOTt..RY PUBLlC.MINNESOTA
My Comm, Exp, Jon. 31,2009
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STATE OF MINNESOTA)
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COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this g;~ day of
(j)pb~A ,2005, by Bridget Miller, as Administrator 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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Notary Public
The foregoing instrument was acknowledged before me this S-f:::.- day of
D 9Cfl t'~.~ , 2005, by Allen R. Keller and Julie A. Keller, husband and wife.
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STATE OF MINNESOTA)
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COUNTY OF, ' R-o...A...........5
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Notary Pub IC
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The foregoing instrument was acknowledged before me this S---h-- day of
D Q ~ 17/ , 2005, by Ted R. Klein and Jane E. Geers-Klein, husband and wife.
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STATE OF MINNESOTA)
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COUNTY OF~tJCLr. A"l 5 )
The foregoing instrument was acknowledged before me this 5c..f~, day of
00' ~~~ ,2005, by Wendell D. Timmer and Carla J. Timmer, husband and wife.
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COUNTY OF, ~t "~/Ii\~
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Notary Public
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D The foregoing instnnnent was acknowledged before me this ~ day of
.fkiQ i1J.Lb~ , 2005, by Stephen R. Upgren and Kathleen A. Upgren, husband and
LYNN MARY FELDHEGE
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan, 31, 2007
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~ T~regOing instrument was acknowledged before me this d.~-
, Lf- ~~ -' )/', 2005, by Lionel D. Kull and Debra J. Kull, husband and wife.
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STATE OF MINNESOTA)
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COUNTY OF ~~"" ' r \"'-~
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THIS INSTRUMENT DRAFTED
BY:
Michael C. Couri
Couri, MacArthur & Ruppe
P.O. Box 369
705 Central Ave. E
St. Michael, MN 55376
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