2006-03-02 Ltr Selected Facts
March 2, 2006
Pilot Land Development Company, Inc.
c/o Kent Roessler
RE: Cedar Creek Golf Course, Albertville, Minnesota
To Whom It May Concern:
The purpose of this letter is to provide to you selected facts believed to be true by City
Employees in connection with the Property known as the Albertville Cedar Creek Golf
Course as set forth and described as the "Golf Course" in the Cedar Creek Golf Course
Planned Unit Development Concept Plan Master Agreement, dated February 27, 1998.
The City of Albertville ("City") affirmatively states that this letter is not an estoppel letter
and encourages the addressees of this letter to conduct their own investigation of the
Property to ascertain the legal status of any development obligations burdening the
Property. The City is in no way guaranteeing or certifying that the information contained
in this letter is true, nor does the City waive any rights it may have by virtue of state,
common law, ordinance, or Development agreement in relation to the Property. The City
has not conducted a thorough examination of the buildings and current operations on the
development to determine that all aspects of the Developer's Agreements and
Conditional Use Permits have been complied with.
1. The City believes that the Property is subject to and the City of Albertville is a
party to (a) that certain Cedar Creek Golf Course Planned Unit Development
Concept Plan Master Agreement ("CC Master Agreement") dated February
27, 1998 between the City and Pilot Land Development Company, Inc.
("Developer") and to (b) that certain Developer's Agreement Cedar Creek
South ("CC South") dated August 5, 1998 between the City and Developer
and to (c) that certain Developer's Agreement Cedar Creek North ("CC
North") dated June 30th, 1998 between the City and Developer and to (d) that
certain Developer's Agreement Center Oaks Second Addition ("CO Second")
recorded August 12, 1998 and to (e) that certain Developer's Agreement
Cedar Creek South Third Addition ("CC S. Third") recorded May 26, 1999
and to (f) Cedar Creek South Sixth Addition ("CC S. Sixth") recorded
December 6, 2000. The CC Master Agreement, CC South Agreement, CC
North Agreement, CO Second, CC S. Third and CC S. Sixth are referred to
collectively herein as the "Developer Agreements."
2. The City believes the Developer Agreements are in full force and effect, the
obligations of the parties thereto are valid and binding, and there have been no
modifications or additions thereto, written or oral.
3. The City is unable at the present to ascertain whether trail construction and
easement requirements have been fulfilled as required by paragraph 10C of
CO Second, paragraphs 3H and 19F ofCC Master Agreement, paragraph C2
A of CC North, paragraph lOG of CC South. Accordingly, the City is unable
to comment on the current status of these issues.
4. The City has not investigated the status of required installation of storm water
retention quality ponds located on the Property, required ditch cleaning
(county or otherwise), drainage improvements located on the Property,
compliance with the water, ponding and wetland restrictions for any such
areas located on the Property including compliance with State, Federal, local
restrictions as well as those found in the November 18, 1997 letter from the
Wright County Soil and Water Conservation District (on file with the City
Clerk), as required by the Developer Agreements. Accordingly, the City is
unable to comment on the current status of these issues.
5. The developer is required to provide the City with perpetual drainage
easements over ponds located on the Property, as required under the CC
Master Agreement, paragraph 2F, the CC North Agreement, paragraph 19 G,
and the CC South Agreement, paragraph 9D. To date, that has not been done.
6. The City believes that all monetary obligations of the Developer under the
Developer Agreements have been fully performed, paid and satisfied except
for any costs the City has incurred in preparing this letter.
It should be noted that under the terms of the Developer Agreements, the City and
Developer agreed to limit the Property's use to an eighteen hole golf course, with typical
complimentary accessory uses related to the industry of golf courses. This use cannot by
changed without the written authorization of the City. Furthermore, the Developer
Agreements limit the type of golf course to a public course, which shall be open for
business to the public at large and shall not be converted to a private golf course without
written approval of the City. In addition, whomever owns the Property is responsible for
maintaining all ponds located on the Property, including cleaning those ponds as
necessary to maintain good and proper drainage for the adjacent residential properties.
Dated this _ day of February, 2006
Sincerely,
cf:w",-,~,-
Larry R ~:~ ~."
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF WRIGHT )
I, a Notary Public in and for the state andncounty of aforesaid, hereby certify there
appeared before me this ~ day of Jv'\ ct~ c^-. , 2006, Larry R. Kruse, the City
Administrator of the City of Albertville, a Minnesota municipal corporation.
rk~ c4uiM ~'I!tuf)
Notary Public
_- t""l
March 2, 2006
Pilot Land Development Company, Inc.
c/o Kent Roessler
RE: Cedar Creek Golf Course, Albertville, Minnesota
To Whom It May Concern:
The purpose of this letter is to provide to you selected facts believed to be true by City
Employees in connection with the Property known as the Albertville Cedar Creek Golf
Course as set forth and described as the "Golf Course" in the Cedar Creek Golf Course
Planned Unit Development Concept Plan Master Agreement, dated February 27, 1998.
The City of Albertville ("City") affirmatively states that this letter is not an estoppel letter
and encourages the addressees of this letter to conduct their own investigation of the
Property to ascertain the legal status of any development obligations burdening the
Property. The City is in no way guaranteeing or certifying that the information contained
in this letter is true, nor does the City waive any rights it may have by virtue of state,
common law, ordinance, or Development agreement in relation to the Property. The City
has not conducted a thorough examination of the buildings and current operations on the
development to determine that all aspects of the Developer's Agreements and
Conditional Use Permits have been complied with.
1. The City believes that the Property is subject to and the City of Albertville is a
party to (a) that certain Cedar Creek Golf Course Planned Unit Development
Concept Plan Master Agreement ("CC Master Agreement") dated February
27, 1998 between the City and Pilot Land Development Company, Inc.
("Developer") and to (b) that certain Developer's Agreement Cedar Creek
South ("CC South") dated August 5, 1998 between the City and Developer
and to (c) that certain Developer's Agreement Cedar Creek North ("CC
North") dated June 30th, 1998 between the City and Developer and to (d) that
certain Developer's Agreement Center Oaks Second Addition ("CO Second")
recorded August 12, 1998 and to (e) that certain Developer's Agreement
Cedar Creek South Third Addition ("CC S. Third") recorded May 26, 1999
and to (f) Cedar Creek South Sixth Addition ("CC S. Sixth") recorded
December 6, 2000. The CC Master Agreement, CC South Agreement, CC
North Agreement, CO Second, CC S. Third and CC S. Sixth are referred to
collectively herein as the "Developer Agreements."
2. The City believes the Developer Agreements are in full force and effect, the
obligations of the parties thereto are valid and binding, and there have been no
modifications or additions thereto, written or oral.
3. The City is unable at the present to ascertain whether trail construction and
easement requirements have been fulfilled as required by paragraph 1 OC of
CO Second, paragraphs 3H and 19F of CC Master Agreement, paragraph C2
A ofCC North, paragraph 10 G ofCC South. Accordingly, the City is unable
to comment on the current status of these issues.
4. The City has not investigated the status of required installation of storm water
retention quality ponds located on the Property, required ditch cleaning
(county or otherwise), drainage improvements located on the Property,
compliance with the water, ponding and wetland restrictions for any such
areas located on the Property including compliance with State, Federal, local
restrictions as well as those found in the November 18, 1997 letter from the
Wright County Soil and Water Conservation District (on file with the City
Clerk), as required by the Developer Agreements. Accordingly, the City is
unable to comment on the current status of these issues.
5. The developer is required to provide the City with perpetual drainage
easements over ponds located on the Property, as required under the CC
Master Agreement, paragraph 2F, the CC North Agreement, paragraph 19 G,
and the CC South Agreement, paragraph 9D. To date, that has not been done.
6. The City believes that all monetary obligations of the Developer under the
Developer Agreements have been fully performed, paid and satisfied except
for any costs the City has incurred in preparing this letter.
It should be noted that under the terms of the Developer Agreements, the City and
Developer agreed to limit the Property's use to an eighteen hole golf course, with typical
complimentary accessory uses related to the industry of golf courses. This use cannot by
changed without the written authorization of the City. Furthermore, the Developer
Agreements limit the type of golf course to a public course, which shall be open for
business to the public at large and shall not be converted to a private golf course without
written approval of the City. In addition, whomever owns the Property is responsible for
maintaining all ponds located on the Property, including cleaning those ponds as
necessary to maintain good and proper drainage for the adjacent residential properties.
Dated this _ day of February, 2006
Sincerely,
ct~~,--
Larry R fr1se
City Administrator
STATE OF MINNESOTA)
) ss.
COUNTY OF WRIGHT )
I, a Notary Public in and for the state andfcounty of aforesaid, hereby certify there
appeared before me this ~ day of jV\ cter c-~ , 2006, Larry R. Kruse, the City
Administrator of the City of Albertville, a Minnesota municipal corporation.
:f<:p.N.~r.,'Vjw',;.<;:.,}.. ~
j1ci
[f\q dO~<"l-L~k! -tJ! f) ILtLJ
Notary Public