HomeMy WebLinkAboutDevelopment Application City of Oak Park Heights
14168 Oak Park Blvd N. •Oak Park Heights, MN 55082 • Phone(651)439-4439 • Fax(651)439-0574
Development Application
Type of Request(s):
❑ Zoning District Amendment 0 Home Occupation
❑ Conditional Use Permit 0 Site Plan/Design Guidelines Review
❑ Variance: Single Family Residential ® PUD Amendment (\NI KW,LLC)
❑ Variance: Other Residential/Commercial 0 PUD Concept Plan Approval CO
/Industrial 0 PUD General Plan Approval 00J
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❑ Subdivision: Major 0 Street Vacation i ita
❑ Subdivision: Minor 0 City Financial Assistance
❑ Comprehensive Plan Amendment
Base Fee: $700.00 Escrow Amount: $1,000.00-$3,000.00
Street Location (Address)of Property: 5650 Memorial Avenue North, Oak Park Heights, MN 55082
Legal Description of Property: Lot 4, Block 1,WATE Addition, Washington County, Minnesota
This Property Is Ll Abstract 0 Torrens(Certificate#)
Property Identification Number(PIN, PID): 06.029.20.24.0018
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OWNER INFORMATION
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Name: WINN, LLC(Will Zintl)
Address: Street: 11255 50th Street North
City: Lake Elmo State: MN Zip: 55042
Email: will.zintl@zintlinc.com
Telephone: Home: Business: 651-439-7973Fax551-439-775Jther:651-248-9797
APPLICANT INFORMATION
Name: Will Zintl
Address: Street: 5670 Memorial Avenue North
City: Oak Park Heights State: MN Zip: 55082
Email: will.zintl@zintlinc.com
Telephone: Home: Business: Fax: Other: 651-248-9797 cell
RECEIVED JUN 02021 Owner/Applicant Initials
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111
City of Oak Park Heights
14168 Oak Park Blvd N. • Oak Park Heights, MN 55082 • Phone(651)439-4439 • Fax(651)439-0574
Development Application Page 2
Description of Request(s): PUD amendment to build an addition to the existing 5650 building
If a request for planning/zoning action on the subject site or any part thereof has been previously
approved, please describe below:
PUD June 2000
GENERAL CONDITIONS
Application Review:
The undersigned acknowledges that before this request can be considered and/or approved,all required
information and fees, including any deposits shall be paid to the City. An incomplete application will be
returned to the applicant. The application approval process commences and an application is considered
complete when all required information and fees have been submitted appropriately to the City.
Professional Fee Responsibility:
It is the understanding of the undersigned that all City incurred professional fees and expenses associated
with the processing of this request(s)will be promptly paid upon receipt. If payment is not received from
the applicant,the property owner acknowledges and agrees to be responsible for the unpaid fee balance
either by direct payment or a special assessment against the property.
Applicants will be billed on a monthly basis for Planning, Engineering, Legal and Community Development
fees as they are accrued. It is understood that interest will be charged on the account at the maximum
rate allowed by the Fair Credit Act if it becomes thirty (30) days past due. Failure to pay administrative
and processing fees in a timely manner may result in denial of the application. All fees must be paid at
the time of the application and shall be paid prior to the issuance of a building permit.
The undersigned applicant further acknowledges and consents that all unpaid fees owing the City of Oak
Park Heights shall be treated as unpaid utility fees and may be certified for collection as with delinquent
utility billings and may be assesses against the subject real property if unpaid by October 31st of each year.
Property Address: 1l5650 Memorial Avenue North, Oak Park Heights, MN 55082
Owner Signature: W if/ l A Date: 6/7/�-�
Applicant Signature: _ Date: &/7/2J
WARRANTY DEED LTI File No.634236
Business Entity to Business Entity
EXHIBIT A
Lot 4,Block 1,Wate Addition,Washington County, Minnesota.
Form 10.1.9(2013)
RECEIVED JUN 0 8 2021
Grantor:
Canvas Health,Inc.
a Minnesota nonprofit corporation
By: { T—_---
Matthew Eastwood
Its:Chief Executive Officer
State of Minnesota,County of -' 44...(14
This instrument was acknowledged before me on April 9,2021,by Matthew Eastwood,Chief Executive Officer of Canvas Health, Inc.,a
Minnesota non-profit corporation.
(Stamp)
. ®4;�1�`tS J t! G E = gn'atu a of notarial officer)"'
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NOTARY PUBLIC-MINNESOTA Title(and Rank):
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°' My Commission Expires
January 31,2026
My commission expires:
(month/day/year)
THIS INSTRUMENT WAS DRAFTED BY TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Land Title,Inc.
Commercial Dept.,2200 W County Road C Suite 2205 WINN,LLC
Roseville,MN 55113 11255 50th Street North
Lake Elmo,MN 55042
LT File No.634236
Form 10.1.9(2013)
(Top 3 inches reserved for recording data)
WARRANTY DEED
Business Entity to Business Entity
eCRVnumber: 0.3n5(1
DEED TAX DUE: $ 1Tao . ,7) � DATE: April 9,2021
FOR VALUABLE CONSIDERATION,Canvas Health, Inc.,a Minnesota non-profit corporation("Grantor"),hereby conveys and warrants to
WINN,LLC,a Minnesota limited liability company("Grantee"),real property in Washington County,Minnesota,legally described as follows:
SEE ATTACHED EXHIBIT A
Check here if all or part of the described real property is Registered(Torrens)❑
together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions:
Check applicable box:
he Seller certifies that the Seller does not know of any wells
on the described real property.
❑ A well disclosure certificate accompanies this document or has
been electronically filed.
(If electronically filed,insert WDC number: .)
❑ I am familiar with the property described in this instrument and I
certify that the status and number of wells on the described real
property have not changed since the last previously filed well
disclosure certificate.
Form 10.1.9(2013)
Receipt:#535227 4307951
WAR $46.00
TV $278$5.00 0.25 II I III
II III I I I I I II
Tran
sferred Entered
CRV Filed
No Delinquent Taxes Certified Filed and/or recorded on:
4/21/2021 4:45 PM
Rturn to:
ESIMPLIFILE 4307951
4844 North 300 West
Suite 202 Office of the County Recorder
Provo UT84604 Washington County,Minnesota
Debra Ledvina,County Recorder
Jennifer We genius,Auditor Treasurer
OPERATING AGREEMENT
OF
WINN, LLC
THIS OPERATING AGREEMENT ("Agreement") of WINN, LLC, a Minnesota limited
liability company("the Company"), is made and entered into the 7 day of April, 2021, by and among
the following: William H. Zintl; Ann M. Zintl; and the Company. The effective date of this Agreement is
April 6, 2021.
RECITALS:
The following Recitals are made a part of this Agreement:
A. The Company was duly formed as a limited liability company under the laws of the State of
Minnesota by Articles of Organization dated and filed with the office of the Minnesota Secretary of State
on April 6, 2021. The Company came into existence when the Articles of Organization were filed on April
6, 2021.
B. The Company is governed by Chapter 322C of Minnesota Statutes, which is the Minnesota
Revised Uniform Limited Liability Company Act.
C. William H. Zintl and Ann M. Zintl("Members") constitute all Members of the Company.
D. The Company pursuant to an Assignment and Assumption Agreement dated April 6, 2021,
is the purchaser of the real property located at 5650 Memorial Ave No., Oak Park Heights, Washington
County, Minnesota.
E. Chapter 322C of Minnesota Statutes provides that the "Operating Agreement" of a limited
liability is the agreement of all the Members of a limited liability company that governs:
The relations between the Members themselves and between the Members and the limited
liability company;
The rights and duties of a manager or governor of a limited liability company;
The activities of a limited liability company and the conduct of those activities;and,
The means and conditions of amending the Operating Agreement.
F. The Company and its Members hereby adopt this Agreement as the Operating Agreement
of the Company.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby
agreed by and among the parties as follows:
1. MEMBERS.
A. The following individuals are the Members of the Company, with the membership interest
including transferable interest of each Member set forth opposite their respective names:
William H. Zintl ("William"): 50.00%;
Ann M. Zintl ("Ann"): 50.00%.
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Page 1 of 4
B. One or more additional Members may be admitted to the Company with the prior written
consent of all then current Members.
C. Each additional Member upon becoming a Member shall automatically be bound by the
terms and conditions of this Agreement, as amended from time to time.
D. The Company will not issue membership certificates to evidence ownership of Membership
Interests. Any future changes in Membership Interests shall be evidenced by an Addendum to this
Agreement;
2. MANAGEMENT OF THE COMPANY:
The Company is a Member-managed limited liability company. The following rules apply to a
Member-managed limited liability company:
(1) The management and conduct of the company are vested in the Members.
(2) Each Member has equal rights in the management and conduct of the Company's activities.
(3) A difference arising among Members as to a matter in the ordinary course of the activities of
the company may be decided by a majority of the Members.
(4) An act outside the ordinary course of the activities of the company may be undertaken only with
the consent of all Members.
And,
(5) The operating agreement may be amended only with the consent of all members.
3. OFFICERS OF THE COMPANY:
A. The Members may designate one or more individuals as officers of the Company with such
titles as designated by the Members, to act in the name of the Company with such authority as delegated to
such officers by the Members. The same individual may hold more than one officer position. Any action
taken by an officer pursuant to authority delegated to such officer shall constitute the act of and bind the
Company. Persons dealing with the Company are entitled to rely conclusively on the power and authority
of any officer set forth in this Agreement and any instrument designating such officer and the authority
delegated to him or her.
B. All officers shall hold office until their respective successors are chosen and have qualified
or until their earlier death, resignation or removal by the Members. An officer may resign at any time by
giving written notice to the Company. The resignation is effective without acceptance when the notice is
given to the Company, unless a later effective date is specified in the notice. An officer may be removed
at any time, with or without cause, by a resolution approved by the affirmative vote of a majority of the
Members.
C. The Members hereby designate William H. Zintl as President of the Company. The duties
and responsibilities of the President are as follows:
(1)have general active management of the business of the Company;
(2)when present, preside at all meetings of the Members;
(3) execute and deliver in the name of the Company any deeds, mortgages, notes, bonds, contracts
or other instruments pertaining to the business of the Company; and,
(4) maintain records whenever necessary of all proceedings of Members.
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D. The Members hereby designate Ann M. Zintl as Treasurer of the Company. The duties and
responsibilities of the Treasurer are as follows:
(I) keep accurate financial records for the Company;
(2) deposit all money, drafts and checks in the name of and to the credit of the Company in such
banks and depositories designated by the Members;
(3) endorse for deposit all notes, checks and drafts received by the Company as ordered by the
Members, making proper vouchers therefor;
(4)disburse Company funds and issue checks and drafts in the name of the Company, as ordered by
the Members;
(5) render to the Members whenever requested, an account of all transactions by the Treasurer of
the financial condition of the Company; and,
(6)perform such other duties as may be prescribed by the Members.
4. POWERS AND PURPOSE OF THE COMPANY.
This Company has all powers provided by law and may use and exercise those powers for any and
all lawful purposes. The Company is authorized to engage in any lawful act or activity for which limited
liability companies may be formed, and to engage in any and all necessary or incidental activities.
5. FINANCES:
The Company shall establish a bank account in the name of WINN, LLC at a financial institution
selected by the Members. William as President and Ann as Treasurer of the Company are directed and
authorized to establish the bank account and sign appropriate bank resolutions with the financial institution.
6. TAXATION:
The Company has two members and pursuant to the default designation of the Internal Revenue
Service,the Company will be taxed as a partnership. The Company can avoid the default classification and
elect to be taxed as a Corporation by filing Form 8832 with the Internal Revenue Service, doing so within
75 days of the date the election is to be effective. The Members desire to consult with the Company's
certified public accountant regarding taxation of the Company. Accordingly, the Company defers a
decision on whether to be taxed as a partnership or as a corporation, and the Members shall consult with
the Company's certified public accountant and make a tax election within 30 days of the effective date of
this Agreement.
7. AMENDMENT, MODIFICATION OR WAIVER. -
No amendment, modification or waiver of any condition, provision or term of this Agreement shall
be valid or of any effect unless made in writing and signed by all then current Members.
8. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective assigns, personal representatives, heirs, or successors,
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Page 3 of 4
9. SEVERABLE PROVISIONS.
Each provision, section and clause of this Agreement is intended to be severable. If any provision,
section, or clause hereof is found to invalid or unenforceable for any reason whatsoever, such invalidity or
unenforceability shall not affect the validity of the remainder of this Agreement.
10. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the parties hereto in respect of the transactions
contemplated hereby and supersedes all prior agreements and understandings between the parties with
respect to such subject matter.
11. MINNESOTA LAW.
This Agreement shall be construed and enforced in accordance with the laws of the State of
Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
above, and acknowledge and agree that this Agreement may be executed in two or more counterparts, and
that signatures by telefacsimile or by electronic endorsement hereon shall be binding and have the same
force and effect as original signatures.
Signatures of Members:
• ir_.v
William H. Zintl
Ann M. Zintl
Signature of Company:
WINN,LLC
By: 1 -- • a. s►
William H. Zintl
Its President
By: 3„, �..
Ann M. Zintl
Its Treasurer
(00907414.1}
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