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Home My WebLink About2001-03-08 Memorandum of Extension of Development Agreement MEMORANDUM OF EXTENSION OF DEVELOPMENT AGREEMENT The City of Oak Park Heights and Champion Lodging L.L.C. previously entered into a Development Agreement affecting the development of the Americinn Project within the City of Oak Park Heights on Outlot A of Brackey Addition. Outlot A of Brackey Addition as part of the project was replatted into Lots 1 and 2, Outlot A, Brackey Addition of which the Americinn is located upon Lot 1. Pursuant to the terms of the Development Agreement, Champion Lodging L.L.C. provided the City of Oak Park Heights a letter of credit to secure the performance of certain Plan A improvements identified within the terms of the Development Agreement. The individual improvements described have not been completed in full and Champion Lodging L.L.C. has provided the City of Oak Park Heights an extension of the letter of credit signed by Premier Bank extending said letter of credit through December 31, 2001. Champion Lodging L.L.C. has requested the City issue a temporary, or conditional, Certificate of Occupancy to allow the utilization of the Americinn building which has now been constructed upon the premises and does hereby guarantee to the City of Oak Park Heights that all conditions located upon the Conditional Certificate of Occupancy to be issued by the Building Department of the City of Oak Park Heights either have or will be completed in full on or before December 21, 2001 at which time if the performance of any such conditions have not been completed, the City of Oak Park Heights may, at or prior to December 31, 2001, utilize the security and make the improvements directly on the site. Champion Lodging L.L.C. does hereby acknowledge the extension of its obligations under the terms of the aforementioned Development Agreement and further acknowledges the extension of the security posted to secure the provisions of the Plan A improvements under the terms of the Development Agreement and further herewith consents to the conditions imposed on the Conditional Certificate of Occupancy issued by the Building Department of the City of Oak Park Heights. Dated this 8th day of March, 2001. IN WITNESS WHEREOF, the City and Developer have caused this Memorandum of Agreement to be duly executed on the date and year first above written. In the presence of: CITY OF OAK PARK HEIGHTS By AL Thomas Melena, City Administrator C. H o f Oak Park Hei: is i vor Y � • . crest'L.I James Butler,City Building Official City of Oak Park Heights 7v0.2 wry' In the presence of: CHAMPION LODGING L.L.C. By 41101°Fr !tom .OeL �Y Its STATE OF MINNESOTA ) . ss. COUNTY OF WASHINGTON ) On this 8th day of March, 2001,before me Thomas Melena and James Butler,to me personally known, being each by me duly sworn did say that they are respectively the City Administrator and the City Building Official 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 Administrator and Building Official acknowledging execution of same,to be the free act and deed of said municipal corporation. L�AaLz. Mu 0-n ci.r) No Publi 1 i5 f4 , ,�• JULIE A.HULTMAN STATE OF MINNESOTA ;� NOTARY P n Expue IJ .31,2005~MM� My Commission Expires Jan.31,2005 : ss. err.�r✓✓rrrrrr��rr FYr�r,. ,a COUNTY OF WASHINGTON ) On this 8th day of March, 2001, before me appeared Andce,j 5h uie i zer and known to me to be the �ce 5, en f and of Champion Lodging L.L.C., respectively, and the same signed the foregoing Memorandum of Extension of Development Agreement on behalf of Champion Lodging L.L.C. representing that they had full authority and power on behalf of said entity to do so and affixed their signatures hereon as their free act and deed on behalf of said entity. 1LiAlTra v No Public THIS INSTRUMENT WAS DRAFTED BY: '.. Y *M� Mark J. Vierling JULIE A.HULTMAN NOTARYEckberg, Lammers, Briggs,Wolf&Vierling,P.L.L.P ' Commis E n Expires Jan. 1,2 � = ,,,�. • MY Commission Expires Jan.31,2005 1835 Northwestern Avenue " Stillwater,MN 55082 (651)439-2878 .<N" w/!. +r .r 4et- `/` `/`,"e--`r`v�`. ./ "Ae, `. !.r` . `1`�;e, ,Ne,. w+Iw. '/`v`.". ' S S S .c a g o 9. o o O O I o ?' 2 2 g rn 1 al, pro, - rn O C aQ co ci n 1 ' oC) vE.f' ° 4 0 u 11 S ►0 0. 0• '5' $0' po rp ",P fp coo p. P. . S 0 '- ill) a V G F C ' Com? c4 y v' 5 O'1 �. c,IA. . O O H rD o 4p- a a4 x 5• 'ts. g ° Z E ,H H o ¢ �, 0�4 0 ' 'ICI Fes-+ I j a n e•+ OS •' ,51Z5 -T< e OOCDC0 � oR a 0 CD n ao � o sp _. ... ro n P .--,• S °� E;) °� w Q-`< a � , a p 1 No r:,.. S cttti � ' aQ- - r ; '.g• tvg a Z �+ /� s — o O '13 w O 6d ' O .. ¢rD l i� ce'OD.�� O - O 14 ' g § .4 4 -1.`" sz- ?mlmfte S Z P a -»� -- • O w 0 O 1 N O P > . moo . ' � � x7 co '' 1 S & . 0 r Z NP (1) S W „rt, N Q • O 7- eD 41 S Cr 0 0 rn � � Zcf, LW �; (Z r+ G O S rn a- a' C A) v' F N O SITI .4- S T3 °� � ¢ °�4 Lil L 1 'C3 O C c ry 0:4 P cn 1 CD O 5- (1 0. � c1 co Distribution List: 1. Howard Anderson @ Americlnn Mgmt - Original and C/O Copy 2. Property Folder - 13025 60th St. N. - Original and C/O Copy 3. Jim Butler, Building Official 4. Kris Danielson, Community Development Director 5. Jay Johnson, Public Works Director 6. Thomas M. Melena, City Administrator 7. Judy Hoist, Finance Director 8. Mark Vierling, City Attorney 9. Scott Richards, Planning 10.Dennis Postler, Engineering 11.Andrew Schweizer, Americlnn President @ 13025 60th St. N. 12.Americlnn Community Development Project File Mailing & Personal Distribution completed: March 15, 2001