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Home My WebLink About2021-05-10 WC Recorded Document 4312070 - Developor's Agreement - Amendment #1Receipt:# 539106 DAG $46.00 Return to: E - SIMPLIFILE 4844 North 300 West Suite 202 Provo UT 84604 4312070 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Certified Filed and/or recorded on: 5/10/2021 2 29 PM 01611 K11411 Office of the County Recorder Washington County, Minnesota Debra Ledvina, County Recorder DRAFTED BY/RETURN TO: Kevin S. Sandstrom Eckberg Lammers, P.C. 1809 Northwestern Avenue Stillwater, MN 55082 NOTICE OF CERTIFICATION STATE OF MINNESOTA COUNTY OF WASHINGTON ) ss, CITY OF OAK PARK HEIGHTS ) I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak Park Heights, Minnesota DO HEREBY CERTIFY that the attached document(s): Developer's Agreement —Amendment #1- dated 8/20/20 made and entered into by and between the City of Oak Park Heights and David C. Triemert Jr. and/or Central Automotive LLC, has been placed on file at the offices of the City of Oak Park Heights, and that the same is a full, true and complete original of said document within the files of the City of Oak Park Heights. WITNESS my hand and the seal of the City o 2021 Amendment #1 to the Developer's Agreement - Between the City of Oak Park Heights and Central Automotive, LLC THIS AGREEMENT, Amendment #1 to the Developer's Agreement is made and entered into this � day of Ocf -, 2020, by and between the City of Oak Park Heights, a municipal corporation under the laws of the State of Minnesota (the "City"), and Central Automotive, LLC a Minnesota Limited Liability Company, (the "Developer"). WHEREAS, the City and the Developer executed and entered into a Developer's Agreement dated lyzOI ow in relation to a pending commercial development by Developer located. at 59`x" Street and Osgood Avenue on a property in the City legally described as follows: Lot 1, dock 1, Oak Park Heights Auto Plaza 2nd Addition, Washington County, Minnesota WHEREAS, Section 4 of the Developer's Agreement outlines the requirements of the Developer to pay Utility Connection and Park Dedication Fees totaling $109,215.38; both such fees are required by City Ordinance and the Adopted Fee Schedules with such fees due at the time of a project commencement and upon the City's execution of the related Plat and/or Developer's Agreement; and, WHEREAS, Central Automotive, LLC (the ``Developer") applied to the City of Oak Park Heights (the "City") for a deferral and payment over time of the payment of Utility Connection and Park Dedication Fees; and, WHEREAS, on October 13, 2020, the City Council considered and granted approval of Developer's request for deferral, on the condition that the Developer enter into this Agreement stipulating and outlining the teens and conditions for the required payments. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: A. This Amendment outlines that the Utility Connection and Park Fees totaling $109,215.38 shall be divided into three equal payments of $36,405.13 each, and deferred and fully paid by a date not later than 36 months at 0.0% interest — payable in three installments as outlined in the following protocols: In the event the Developer's Project moves forward to construction, then the first payment shall be due upon the issuance of the building occupancy permit by the City Building Official, the second payment shall be due on the first anniversary of such first payment (occupancy) and the remaining balance due on the second anniversary of the occupancy permit. ii. In the event the Developer's Project does not proceed with construction within six -months of the City's execution (signature) of the Plat, then the first payment shall be due to the City immediately upon receiving thirty -days written notice from the City that the Project has not proceeded within the six-month requirement, the second payment shall be due on the first anniversary of such first payment and the total balance remaining due on the second anniversary. B. Any amounts not paid to the City in conformance with the foregoing shall be deemed a breach of the Developer's Agreement and shall be enforceable under the general terms of the Developer's Agreement, and also shall be assessable against the property with interest (compounded) applied (01501-33459/2768424/11 retroactively at 5.4% per year, plus associated City costs to enforce and secure payment, including reasonable attorneys' fees and court costs incurred by the City. C. All other teens and conditions of the Developer's Agreement remain in full -force and in -effect. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed by their below authorized representatives, effective on the date and year first above written. In the presence of: STATE OF MINNESOTA } j ss. COUNTY OF WASHINGTON) CITE' OF OAK PARK HEIGHTS On this 'day of ;x },r 20before me allotary Public, within and for said County personally appeared Mary McComber and Eric Johnson, to me personally known, being each by me duly sworn did say that they are respectively the Mayor and the Administrator of the City of Oak Park Heights, the municipal corporation named in the foregoing instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and said Mayor and Administrator acknowledged said instrument to be the free act and deed of said municipal corporation. JENNIFER M. PINSKI NOTARY PUBLIC - MINNESOTA ' My Commission Expires Jan- 31, 2022 ` Notary Public [01501-33459/2768424/1] In the presence of: STATE OF MINNESOTA ) ss. COUNTY OF WASHINGTON) Central Automotive, LLC David Triemert. Jr. Its Managing Member On this _`day of 20before me a Notary Public, within and for said County personally appeared David Triemert, Jr. to me personally known, being duly sworn did say that he is the Managing Member of Central Automotive, LLC a Minnesota Limited Liability Company, named in the foregoing instrument, and acknowledged said instrument to be the free act and deed of said Central Automotive, LLC. E Patrick William Bennett Notary Put)lic = Minnesotaarty C=MW E*m JNM 31, 2024 Notary Public THIS INSTRUMENT WAS DRAFTED BY: CITY OF OAK PARK HEIGHTS (01501-33459/2768424/1)