2003-07-21 Grading Agreement
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GRADING CONTRACT
City of Albertville
KoUville Estates 3rd Addition Grading Agreement
THIS AGREEMENT, dated July 2 I, 2003, by and between the CITY
OF ALBERTVILLE, a municipal corporation ("City"), and, Leuer-
Munsterteiger Properties, Inc., and/or KoIIvilIe, LLC, ("Developer"),
memorializes the agreement of the parties as follows.
I. REQUEST FOR GRADING APPROVAL. The Developer has
asked the City to approve the grading for that property proposed to be
platted as KollvilIe Estates Third Addition ("Property").
2. CONDITIONS OF APPROVAL. The City herby 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 ofKoIIvilIe Estates Third
Addition as prepared by Quality Site Design, LLC, and dated July 21, 2003,
and on file with the City of Albertville.
4. TIME OF PERFORMANCE. The Developer shall complete
the grading by November 01, 2003, weather pennitting. 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 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 backfilling 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
1
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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 requirements of the City Engineer or Wright
County Soil and Water Conservation District, the City may ta1$:e 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.
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 clean dirt and debris
accumulating on the streets as a result of construction work by the
Developer, its agents or assigns. Said streets shall be cleaned at the end of
each day.
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$34,800.00. 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.
2
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.
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 DEF AUL T. In the event of default by the
Developer as to any 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 Kollville Estates Third Addition. Developer
understands that final City approval of the Kollville Estates Third Addition
project may materially differ from the grading plan, and Developer assumes
3
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. City and Developer expect that such
permission will occur after all wetland approval procedures have been
completed.
CITY OF ALBERTVILLE:
~_A~Q;L~
Don Peterson, Max~r \ ^ fl.
-&;j.~ ' 11Wl.X.Lv
Bridge iller, City Clerk
DEVELOPER:
Leuer- Munsterteiger Properties, Inc.
By: Michael Leuer
Its: President
By: Ralph Munsterteiger
Its: Secretary/Treasurer
DEVELOPER:
Kollville Estates, LLC
By: Michael Leuer
Its: Managing Partner
By: Ralph Munsterteiger
4
Its: Partner
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowleged before me this day of
,2003, by Don 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
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of ,2003, 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.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Michael Leuer and Ralph Munsterteiger as President
and Secretary/Treasurer of Leuer-Munsterteiger Properties, Inc.
Notary Public
5
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STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Michael Leuer and Ralph Munsterteiger as Managing
Partner and Partner of Kollville, LLC.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Coun & MacArthur Law Office
P.O. Box 369
St. Michael, MN 55376
763-497-1930
6
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PERMIT N
r: ADDRESS /
~ OWNER / PHONE
CJ.l CONTRACTOR PHONE
"1l 0 FOOTINGS 0 MECHANICAL FINAL ~SITE INSPECTION
i!: 0 FOUNDATION 0 FIREPLACE AT THROAT 0 GRADINGlEXCAV.
-..J 0 DRAIN TILE 0 FIREPLACE FINAL 0 COMPLAINT
US 0 PLUMBING RI 0 INSULATION g,FOLLOW-UP
:3 0 PLUMBING FINAL 0 DEMOLITION 0
~ 0 MECHANICAL RI 0 FINAL 0
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o WORK SATISFACTORY: PROCEED.
o CORRECT WORK & PROCEED.
o CORRECT WORK & CALL FOR RE-INSPECTION BEFORE COVERING.
o CORRECT UNSAFE CONDmON IMMEDIATELY
o STOP ORDER POSTED. CALL INSPECTOR.
o INSPECTION REQUIRED. CALL TO ARRANGE ACCESS.
Call Bldg. Dept. at 763-497-5106 at least 24 hours in advance for an appointment.
l>.m''''''_~ ~
Inspector . _ ~
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City of Albertville, 5975 Main Avenue NE, Albertville, MN 55301
Phone: 763-497-5106 Fax 763-497-2068
Whita Copy/lnspecto(s Flies
Yellow Copyl Site Notice
CITY OF ALBERTVILLE
INSPECT~ NOTICE
M T~TH F
PERMIT NO. SC~H D j;D JI5/05
:>- ADDRESS ~ Z tYtJO ~ t- _ _L Date Time
I-
~ OWNER PHONE
~ CONTRACTOR PHONE
~ 0 FOOTINGS 0 FIREPLACE AT THROAT 0 DEMO
~ 0 FOUNDATION 0 INSULATION 0 SITE INSPECT
-J 0 DRAIN TILE 0 PLUMBING FINAL 0 GRADING/EXCAV.
W5 0 PLUMBING RI 0 HEATING FINAL 0 COMPLAINT
:t 0 HEATING RI 0 FIREPLACE FINAL 0 FOLLOW-UP
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~ 0 FRAMING 0 FINAL 0
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COMMENTS / VAAtO~ PD~ ~
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o WORK SATISFACTORY: PROCEED.
o CORRECT WORK & PROCEED.
o CORRECT WORK & CALL FOR RE-INSPECTION BEFORE COVERING.
o CORRECT UNSAFE CONDITION IMMEDIATELY
o STOP ORDER POSTED. CALL INSPECTOR.
o INSPECTION REQUIRED. CALL TO ARRANGE ACCESS.
o PHOTO TAKEN
Call Bldg. Dept. at 763-497-5106 at least 24 hours in advance for an appointment.
Owner/contractor~ -//1
Inspector ~ f
City of Albertville, 5975 Main Avenue NE, Albertville, MN 55301
Phone: 763-497-5106 Fax 763-497-3210
White Copy/ Inspector's Files C [, uvr1 &.J;~ Yellow Copy/ Site Notice
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GRADING CONTRACT
City of Albertville
KolIvilIe Estates 3rd Addition Grading Agreement
f P;,@jrg':JJ
THIS AGREEMENT, dated July 21,2003, by and between the CITY
OF ALBERTVILLE, a municipal corporation ("City"), and, Leuer-
Munsterteiger Properties, Inc., and/or Kollville, LLC, ("Developer"),
memorializes the agreement of the parties as follows.
1. REQUEST FOR GRADING APPROVAL, The Developer has
asked the City to approve the grading for that property proposed to be
platted as Kollville Estates Third Addition ("Property"),
2. CONDITIONS OF APPROVAL. The City herby 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 Kollville Estates Third
Addition as prepared by Quality Site Design, LLC, and dated July 21, 2003,
and on file with the City of Albertville.
4. TIME OF PERFORMANCE. The Developer shall complete
the grading by November 01, 2003, weather permitting. 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 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 backfilling 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
1
'.
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\.
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 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.
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 clean dirt and debris
accumulating on the streets as a result of construction work by the
Developer, its agents or assigns. Said streets shall be cleaned at the end of
each day.
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$34,800.00. 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.
2
.'
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.
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 DEF AUL T. In the event of default by the
Developer as to any 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 ofKollville Estates Third Addition. Developer
understands that final City approval of the Kollville Estates Third Addition
project may materially differ from the grading plan, and Developer assumes
3
'.
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 permi ts said
activities to occur in said wetlands. City and Developer expect that such
permission will occur after all wetland approval procedures have been
completed.
CITY OF ALBERTVILLE:
=0_D~~~
Don Peterson, Ma~~r \ ^ (\
S.;J~,ll~
Bridge iller, City Clerk
DEVELOPER:
Leuer- Munsterteiger Properties, Inc.
By: Michael Leuer
Its: President
By: Ralph Munsterteiger
Its: Secretary/Treasurer
DEVELOPER:
KolIville Estates, LLC
By: Michael Leuer
Its: Managing Partner
By: Ralph Munsterteiger
4
~ .
Its: Partner
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
The foregoing instrument was acknowleged before me this day of
,2003, by Don 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
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this
day of , 2003, by Bridget Miller as Clerk ofthe City of Albertville, a
Minnesota municipal corporation, on behalf of the city and pursuant to the authority of
the City Council.
Notary Public
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
, 2003, by Michael Leuer and Ralph Munsterteiger as President
and Secretary/Treasurer of Leuer-Munsterteiger Properties, Inc.
Notary Public
5
STATE OF MINNESOTA)
)ss
COUNTY OF WRIGHT )
The foregoing instrument was acknowledged before me this day of
,2003, by Michael Leuer and Ralph Munsterteiger as Managing
Partner and Partner of Kollville, LLC.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Couri & MacArthur Law Office
P.o. Box 369
St. Michael, MN 55376
763-497-1930
6