INFORMATION #6 05-08-1995MAY 0 8 1995
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,~,-~ TONY EMMERICH HOMES-
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City of Elk River 5-3-95
13065 Orono Farkway
PO Box 490
Elk River, MN 55330
Attn: Mr. Steve Ach
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Dear Mr. Ach:
I am in receipt of your letter dated May 1, 1995.
I can accept all of your conditions except the financial guaranty
portion. It's my feeling that most of the improvements should be
included in the Western Area Phase II Improvements.
As the City's contractor has been and is working on the Western
area Phase II Improvements, common sense should tell you not to
pull them off the project for two reasons: 1) It may incur
additional costs, 2) It would slow down the completion of the
project. As I see it, the City was comfortable with our previous
arrangements and proceeded with the improvements. Therefore,
should the "City" make the decision to pull the contractors from
the project, the "City" should bear any additional costs
incurred. In the future, as mentioned many times before, please
allow adequate response time for your requests.
I am also curious about what happened to all the discussion about
how the City was going to work with private developers on
developing Business Parks. We were told to expect ca-operation
from the City during the time that you were promoting your
Business Park ordinances. It sure seems that there is some
responsibility on the part of the City to live up to its verbal
commitments.
If you hope to develop future Business Parks, you should consider
revising your ordinances so developers can live with such
detrimental zoning. The City, at times, seems to be missing the
point: It is always better to work with citizens, business owners
and yes developers towards common goals which benefit all parties
and n t just those of the City.
S' a ely,
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l~nth' ny J. Emmerich
Cou ry Ridge Partnership, Inc.
10738 Hanson Blvd. NW • Coon Rapids, MN 55433
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May 1, 1995
Tony Emmerich
10738 Hanson Blvd.
Coon Rapids, MN 55433
Dear Mr. Emmerich:
As we discussed on the phone this morning, the City has received a signed
petition and waiver for installation of the city improvements for the business
center, however, prior to allowing the City's contractor (Barbarossa & Sons)
to continue working, three items need to be submitted to the City offices:
• Letter authorizing the City to work on private property
• A letter of credit or some other form of financial guaranty in the amount
. of $433, 300
• A signed developer's agreement
It is my understanding that you have provided the City Engineer, Terry
Maurer, with a letter authorizing the City to conduct construction work on
your property. If this in fact has been done, you will not need to provide that
letter to me. Furthermore, the City's contractor has been working on the
Western Area Phase II Improvements for the past couple of weeks. If you are
able to provide us with the above-mentioned information by 4:30 p.m.,
Tuesday, May 2nd, the City will authorize Barbarossa to proceed with the
improvements in business center drive. If this information is not received by
the specified date, there is a chance that the City's contractor will have to
move to a different job site and remobilize at a later date. Obviously, this
may incur additional costs which we would all like to avoid. We will
anxiously await your response.
If you have any questions or comments, please feel free to contact me at 441-
4902.
Sincerely,
~%C- -~G_
• even B. Ach
City Planner
s:planning:emmerich
13065 Orono Parkway • P.O. Box 490 • Elk River, ~1~; 553;0 • ~~ 1 ?1 a~ ~ _;4%n . F.,.,• r~ ~ ~~ , , , ~,,-~~
KRAUS-ANDERSON OF ELK RIVER, INC.
• April 27, 1995 ~~r
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Ms. Lori R. Johnson
Finance Director
City of Elk River
13065 Orono Parkway
Elk River,. MN 55330
Re: Indemnity Bond
Elk Park Valu Center
Dear Lori,
Section 12 (O1) of Development Agreement with the City requires the
developer to provide up to $2,000,000 of security until Certificate of
Occupancy have been issued for 118,000 square feet in Block 2. The bond has
been in place for one year and is about to expire.
Rather than renew the bond we request the City waive the requirement since
155,310 square feet of retail space will have been developed by the end of
. July on Block 2. The purpose of the bond was to protect the City in the
event the developer didn't proceed with construction. In my opinion the
bond is no longer necessary.
Sincerely,
Carl E. Carlson
Development Manager
cc: Pat Klaers
cc/le
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523 South Eighth Street • Minneapolis, MN 55404 • 612/332-7281 • Fax 612/332-8940
A MEMBER OF TIIE KRAUS-ANDERSON COMPANIES