HomeMy WebLinkAbout1999-04-14 CA Ltr to Patrick KellyL AW OFFI of
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James 1'. Lammers
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Direct Dial No..- ( 651) 351-2118
S usan D. Olsen®
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April 14, 1999
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Paul : \. Wolff
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Mr Pat ri cI K e n
Bannigan & Kelly, P.A.
10750 North Central Life Tower
445 Minnesota Street
St. Paul, Minnesota 55101
Re: Your client: w.A.T.E. Enterprises, Inca /Mra will zintl
My Client: City of oak Park Heights
Our File No. 1501-6549
Dear M K
Enclosed herewith please find a revised draft of the Agreement
which we had originally proposed which was authorized to be amended b y
the council at its meeting of April 13 to extend the date for final
connect and full implementation of sprinkling throughout your
client's building to July 1 of the year 2000
I am in receipt of your further correspondence reflecting your
client's expectation that he will get a certificate of occupancy
immediately upon execution of this document. Please be advised that I
was last advised by the Bui lding Inspection that final inspection had
neither been called for nor completed. The obtaining of the
satisfactory final inspection on the various elements of the building
is, of course, a condition precedent ( along with this agreement) to the
obtaining of a certificate of Occupancy. Additionally, Human Services,
Inc. is still in the process of obtaining a conditional Us Permit and
that matter I understand will be proceeding in front of the Planning
Commission on April 15.
Yours very truly,
Mark J. Vi.erl ing
MJV /sdb
Enclosure
CC Thomas Melena, city Administrator
,V'
AGREEMElv"I"
C(OPY
WHEREAS, W.A. T. E. Enter rises Inc. a Minnesota
Corporation is the owner of real property located in the Kern
Center, the same being identified by address and legal description
in annexed Exhibit "A , the same being incorporated by reference
herein; and,
WHEREAS, the city of Oak Park Heights is currently in
process of constructing municipal water and sanitary sewer
improvements within the Kern Center area; and,
WHEREAS, property owner wishes to connect to municipal
water and sewer services and implement a fire suppression system
through its premises and buildings that are constructed or to be
constructed upon the aforementioned property, but requires
additional time with which to implement the improvements that will
be necessary by way of installing a sprinkling system for fire
suppression and making other building improvements as will be
necessary to convert the property over to municipal: water service;
and,
WHEREAS, the City of Oak Park Heights will not have the
municipal water system completely constructed nor activated for
purposes of use until some time during the summer of 1999; and,
WHEREAS, the property owner desires to make commitment to
the City of Oak Park Heights to make connection to municipal water
services and implement fire suppression systems, all pursuant to
the building code as adopted by the City of Oak Park Heights, but
needs to obtain or apply for building permits and /or certificates
of occupancy on an interim basis until all final improvements are
made.,,
NOW THEREFORE, be it agreed by and between W.A.T.E
Enter rises Inc. and the City of Oak Park Heights as follows-.
1 . That W . A . T ■ E ■ E nterior i ses Inc.., a the prop
owner of property identified in Exhibit "A". agrees and commits to
the City of Oak Park Heights that it will make connection to the
City municipal pater system and activate fire suppression systems
as are required to be implemented upon its property no later than
July 1 of the year 2000.
2. That the City for its part in exchange and in
recognition of the commitment made by the property owner does
hereby agree to issue building permits and /or interim cert'if icates
of occupancy to allow the property ow' ner to implement and construct
the necessary improvements upon their property to make the same
ready for connection for municipal water services and for
implementation of fire suppression systems as are required b y the
building code as adopted by the City of Oak Park Heights
3. That both the property owner and the City understand
that a final certificate of occupancy will be issued by the City of
Oak Park Heights after completion of all requirements of the
building under the City's ordinances and the building code on or
after July 1, 2000, provided that the property owner has made
connection to the city water system by that date and has
implemented a fire suppression system within its building. The
property owner acknowledges that in the event that it has not
performed in its obligations and connected to the city waters stem
by July 1 , 2000, activating fire suppression systems that use said
municipal water system the city may cancel all permits issued under
this agreement and prohibit further use of the structure until
property owner compliance with the building code and city
ordinances are obtained.
Eaten
w a A. T . E . Enterpr Inc
By:
Its:
CITY OF OAK PARK HEIGHTS
Date: � - - - By
Davi D. S ch a af
Ma
By
Deputy City Clerk