2005-08-01 Letter re: DA, LOCAm terra
ME development, inc.
ke,
41149
August 1, 2005
Larry Kruse
City of Albertville
5975 Main Avenue Northeast
P.O. Box 9
Albertville, MN 55301
Re: Albert Crossing 3rd Addition
Development Agreement
Dear Larry:
Please find enclosed two (2) copies of the signed development agreement for the Albertville
Crossing 3rd Addition.
Additionally, a letter of credit has been provided for $21,975.00 for the park dedication
fees. The State Bank of Long Lake is providing a letter of credit for the $9,000.00 sidewalk
escrow and $7,618.00 for the SAC & WAC.
Provide a fully executed copy for our file, as well as a copy of the final plat.
Thank you.
Sincerely,
Sandy Schneider
Administrative Assistant
21025 Commerce Blvd, Suite 900 Rogers, Minnesota 55374 ph. 763.463.0220 fax. 763.463.0294
Page 1 of 1
Bridget Miller
From: Mike Couri [mcouri@earthlink.net]
Sent: Thursday, October 20, 2005 1:15 PM
To: Bridget Miller
Subject: Albertville Crossing Third Addition plat release
Attachments: Closer letter.doc
Bridget,
Attached is a letter with recording instructions for your signature that should be given to Access Title, the title
company that will be picking up the Albertville Crossing Third Addition plat from the City. Before releasing the
plat, you will need to get the following from the title company or Tom Brown:
1. A check for $7,618 in trunk sewer and water fees.
2. A check for $270 in Administrative fees.
3. A copy of a signed Access Easement (we have approved the language of the access easement, and are
waiting for the map exhibit to be completed --please check to make sure that there is an Exhibit B to the
Access Easement agreement which should have the private drive between Albertville Crossing Third
Addition and LaBeaux Station highlighted).
I believe that there are two original developer's agreements that have been signed. If so, you should keep one
original and Access Title should take the other. They will also take the original of the Access Easement. Please
give the enclosed letter (recording instructions) to Access Title. Access title will either be in today or tomorrow to
pick up the plat. Please call me on my cell phone at 612-751-9910 if you have any questions. Thank you.
Mike Couri
&11A� (4-1
�, �It�A
10/20/2005
Page 1 of 3
Bridget Miller
From:
Couri/MacArthur [couriandmacarthur@pobox.com]
Sent:
Friday, September 23, 2005 3:46 PM
To:
Larry Kruse; abrixius@nacplanning.com; Tom Brown
Cc:
Bridget Miller; Sandy Schneider; Bill Christian; Mark Kasma
Subject:
Re: LaBeaux Station
Attachments: LaBeaux Station Developer Agreement near final 2.doc
Tom,
I respectfully disagree with your characterization of the situation regarding Albertville Crossing 3rd and
LaBeaux Station final plats. All of the documentation that the City requires to release the plats for LaBeaux
Station and Albertville Crossing 3rd Addition have been contained in the Developer's Agreements. What remains
missing to date are the cross access easements between Albertville Crossing 3rd Addition and LaBeaux
Station, a cross access and cross parking easement between the LaBeaux Station lots, and a private street
maintenance agreement for the LaBeaux Station properties. The Albertville Crossing 3rd easement is specifically
spelled out in paragraph 1.B. of the Albertville Crossing 3rd Addition Developer's Agreement as a requirement
that must be recorded with the Developer's Agreement. This requirement has been in the Developer's Agreement
since its approval several months ago, but no such easement has yet been submitted to the City. A similar
requirement has been in the LaBeaux Crossing Developer's Agreement since its passage and those easements
and maintenance agreement have not been submitted either. As the attorney for the City, I do not and cannot
represent the interests of the developer and thus cannot draft easements between the Developer's lots or
maintenance agreements for the properties.
As for the LaBeaux Station Developer's Agreement, I did not receive the revised exhibits and square footages
until Tuesday afternoon. I was out of the office Tuesday afternoon in meetings and was out sick Wednesday and
Thursday and am just getting to the Developer's Agreement revisions this afternoon, which are attached to this
email. However, we are still missing the easements and street maintenance agreement. Please submit these to
me for review when they are finished.
As for the requirement that the City will not release a plat and developer's agreement to a developer, that has
been City policy for some time and has been made clear to your people on the Albertville Crossing 3rd plat some
time ago. Unfortunately, in the past we have had a developer that recorded the plat but not the developer's
agreement. As a result, we require a closer to pick up the plat and developer's agreement and record the
documents in accordance with the City's instructions as to the order of recording.
Have the LaBeaux Station final plat mylars been sent to the City yet for signature? I was able to confirm
Tuesday night that the Albertville Crossing 3rd Addition mylars have been signed by the City.
Finally, if you do choose to wait until next year to construct the lots, I encourage you to finish submitting the
required documentation and get the plat and developer's agreement recorded in a timely manner. Section 11-4-
3.D.7 of the Albertville City Code requires that final plats be recorded within 120 days of final plat approval or the
final plat will be void. If it appears that you will not meet that time line, I suggest that you request an extension of
time from the City Council.
Please contact me if you have any questions regarding this email or the revised developer's agreement.
Mike Couri
----- Original Message -----
9/23/2005
Page 2 of 3
From: Tom Brown
To: Couri/MacArthur ; abrixius@nacplanning.com ; Ikruse@ci.albertville.mn.us
Cc: Mark Kasma ; Bill Christian ; Sandy Schneider
Sent: Friday, September 23, 2005 1:22 PM
Subject: RE: LaBeaux Station
Mike, Al and Larry
As of today we still do not have a final developer's agreement for this project. Sandy Schneider from our office
has been working with Mike Couri; however, every time we think we have what we need another item is either
required or found to be incomplete. Additionally, Albertville Crossing 3rd final plat has been sitting at the City of
Albertville's office unsigned and unrecorded for over two months. We had suggested that Terra Development
could get this plat recorded but were told that the city has to send it to Access Title directly. I am very
disappointed in the timing of Albertville's work product and responses to our requests to get this project started.
We have an internal meeting on Monday, however, we will likely be waiting until spring to start this project now
due to the inability to finalize the developer's agreement and get our permits. Cooperating weather is likely to
end and the soils on this tite are not worth the risk. Terra Development and Cascade II have done everything
asked of us and now we cannot realistically start until next spring.
We will continue to pursue this project but not likely until next spring at the earliest.
Tom H. Brown
terra development inc.
d: 763-463-0289
From: Couri/MacArthur [mailto:couriandmacarthur@pobox.com]
Sent: Friday, September 16, 2005 5:33 PM
To: abrixius@nacplanning,com; Ikruse@ci.albertville.mn.us; Tom Brown
Cc: Mark Kasma; Bill Christian
Subject: Re: LaBeaux Station
Tom,
I apologize for not being able to get this out on a timely basis. I am back in the office and will have this
finished by Monday, provided the following items I need can be provided to me: I need the amount of the
square footage or acreage in the entire plat (gross) and in the various outlots. Also, can someone email me the
revised final plat, revised landscape plan, revised site plan, revised utility plan, revised lighting plan, revised
grading plan, and revised signage plan. All of these documents are needed as exhibits to the developer's
agreement. Also, I believe the last title work I saw on this dealt with Albertville Crossings 3rd. Is there any
updated title work? I will need to see the latest title work prior to recording the plat. Finally, I am not clear on
what the width of the private drive is supposed to be. I show it as either 24 or 28 feet. Does anybody know
what this is supposed to be? Thanks.
Mike Couri
----- Original Message From: Tom Brown
To: Ikruse ci.albertville.mn.us ; abrixius@nacplanning.com
Cc: couriandmacarthur@pobox.com ; Bill Christian
Sent: Friday, September 16, 2005 1:30 PM
Subject: LaBeaux Station
Larry and Alan
9/23/2005
Page 3 of 3
I understand that Mike Couri has been ill most of the week. It has been nearly two weeks since LaBeaux
Station was approved and I still do not have the final developer's agreement and thus haven't been able to
record the final plat and start on site. Until I get this I cannot finalize my financing or proceed with the site
work.
I have called Mike numerous times and today was told today that he has been out all week. Please see that
the developer agreement gets to me by Monday as I am concerned about the time I am losing.
Call with any questions.
Mike — I do hope you are felling better
Tom H. Brown
Vice President
terra development inc.
2102.5 Commerce Blvd, Suite 900 Rogers, MN 55374
d: 763 463-0289 f: 763-463-0294 p: 763-463-0220
9/23/2005