1991-05-08 DA Clarifying Issues
WILLIAM S. RADZWILL
Attorney At Law
Edgewood Professional Building
705 Central Ave. East. P.O. Box 369
St. Michael, Minnesota 55376
(612) 497.1930
May 8, 1991
City of Albertville
Albertville City Hall
Attn: Linda Houghton
5964 Main Ave., N.E.
Box 131
Albertville, MN 55301
RE: westwind Second Addition - Developer's Agreement
Dear Councilmembers:
In order to complete a draft of the Developer's
Agreement for Westwind Second Addition it will be necessary
to clarify the follwing issues:
1. There needs to be an understanding as to whether
or not some or all of the items to be constructed,
specifically roads, curb and gutter etc., will be
constructed through the city as 429 assessments. The
nature and extent of the improvements to be assessed
must be spelled out in The Developer's agreement along
with the amounts which will be required for surety
regarding these items.
2. This office should receive proof that the
Restrictive Covenants contained in the first
Developer's Agreement have been recorded in the form
approved by Bob Miller, the former City Attorney.
3. The Developer's must still deed to the city that
land to be dedicated as park land per agreement. A
legal description of that portion needs too be drafted
as well as deed which needs to be recorded, all at the
Developer's expense.
4. There needs to be an understanding regarding the
amount of discharge from the retention pond into County
Ditch No.9, the design of the pond, and the design of
the outlet. The agreement should indicate that the
Developer's will provide fencing around the pond, will
provide periodic cleanout of the pond, and will, at
their own expense, insure compliance with all
Letter to City of Albertville
May 8, 1991
Page 2
applicable or agreed upon regulations or criteria
regarding discharge into County Ditch No.9. This
includes reimbursement for any expenses incurred by
the city relative to proceedings or hearings regarding
the outlet or any other matters relating County Ditch.
5. The temporary easement to be granted to the city
and public for access to the dedicated park land prior
to completion of access roads must be located and
described by a surveyor and a signed easement must be
presented to the city in recordable form. This should
be an exhibit to the Developer's Agreement.
I have drafted the Developer's Agreement as far as
possible at this point. Please.get back to me with any
comments you might have regarding the proposed agreement.
Very truly yours,
Ae{{~
RADZWILL LAW OFFICE
AJM.djm
cc Thore Meyer