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NiiR 16 '90 15:58 T K D A & ASSOC., INC. P.2 <br />7 '��'�1) ® <br />TOLTZ, KING, DUVALL, ANDERSON <br />a. .i.Li..�w <br />AND A®BOOIATIG, INCORPORATED <br />ENQINEERS ARCHITECTS PLANNERS <br />4000 AMERICAN NATIONAL DANK SUILOINO <br />SAINT PAUL, MINNAWTA Esiol <br />- <br />i17r7DR-F400 <br />March 16, 1990 <br />_= FAX 41WOR-9003 <br />Honorable Mayor and City Council <br />Lake Elmo, Minnesota <br />Re: Final Escrow Release <br />Tartan Meadows 3rd Addition <br />Dear Mayor and Council: <br />Willard Morton has requested release of his remaining escrow because he feels he has completed <br />all of the requirements for Tartan Meadows 3rd Addition, I told Mr, Morton that I would bring <br />his request to the Council even though I could not recommend full release of the performance <br />security. <br />The dispute centers around turf establishment and erosion control, In the spring and summer of <br />1989 severe washouts occurred in the drainage easement and. ponds, I contacted Mr. Morton and <br />told him to repair the damage because we had not released the security deposit yet. He hired E & <br />H Earthtnovers to repair the damage but he chose to do the turf restoration himseif. The seeding <br />was done late last fall and has not germinated yet. Mr. Morton feels since he has planted the seed <br />he has fulfilled the requirements. My opinion is that the Development Agreement requires "turf <br />establishment" which means grass in a growing and established condition, not just placing seed <br />In the ground, I realize the soil is sandy and that many residents have not established their own <br />lawns yet, but I am reluctant to have die City assume maintenance of these areas before the turf is <br />established in a thriving condition. <br />It is recommended that Mr. Morton's request be denied until the turf is re-established, <br />Sincerely, <br />Larry D. Boluer, P.E. <br />LDB/sr <br />