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HomeMy WebLinkAbout2000-03-10 Applicant Attorney Ltr to CA Re Developer's Agreemen FULLER & FINKY Attorne at Law _73 7301 Ohms Lane r �1_ - I � �'``�, " Suite 325 Edina, MN 55439 MM 1 3 20M Tel. No. (612) 835-9900 Fax No. (61.2.) 835-2984 Mark E. Fuller Stuart L. Finne FILE CG March 10, 2000 Mark J. Vierlin Eckber Lammers, Bri Wolf & Vierlin P.L.L.P. Attorne at Law 1835 Northwestern Avenue Stillwater,, MN 55082 Re: Oak Park Hei Lod LLC Dear Mr. Vierlin M partner, Stuart Finne previousl represented Champion Lod in the above-captioned matter. Unfortunatel Mr. Finne is hospitalized with cancer and no lon able to continue workin on this matter. I will now be representin Champion Lod Althou I am becomin involved in this matter late in the process, I look forward to workin with y ou. I have reviewed the Developer's A and I would like to su some minor chan for purposes of clarification. Primaril these relate to clarif that m client is responsible for work related to Lot 1 and Mr. Bracke is responsible for expenses related to the remainder of the propert Attached 'is the prior draft of the D eve loper"s A with m handwritten notations. I believe the notations are self - explanator With respect to Para 5, 1 would propose redraftin that para as follows: Mr. Ma J . vie rl ng Page 2 March 10, 2000 5 . The Americinn shall r im urse the City of oaf. Park Heights for expenses incurred prior to this replat relating to the subdivision and for future eng nee a� �g legal and administrative costs re lating t the public improvements involved and to be incurred by the Ci y of Oak Park Heights related to Lot 1. rackey shall reimburse the City of oak Park H eights for future engineering, legal and administrativ costs relating to th public improvements involved and to be incurred by the City of oak Park Heights related to Lot 2 and Outl A. also propose adding the following two paragraphs. 7 . EFFECT of APPROVAL. with respect to Lot 1 only, for two years from the date of this Developer's Agreement, no amendments to the City's Comprehensive Guide Plan or official controls shall apply to or effect the use, development density, lot size, lot layout or dedications of the plat, unless required by state or federal, law, or agreed to i writing by the City and Americinn. Thereafter, to the full extent permitted by state law, the City may re re co with any amendments to the City's Comprehensive Plan, official. controls, platting or dedication requirements enacted after the date of this Developer's Agreement. 8 . RELEASE of AMERICINN LIABILITY. Upon submittal by Americinn of as -built plans, and upon s atisfactory determination of completion of the Plan A improvements and payment of all costs owed to the City, Americinn may apply, in writing for release of its obligations under this Developer's Agreement sage and except for those wa provisions imposed pursuant to Paragraph 3(D). The City Council, after review by City personnel, may authorize the release of Americinn from its obligations unde this Developer's Agreement by appropr resolution. I t is also my understanding that my client has agreed to grant the City an easement for hiking and biking purposes. I would appreciate it if you would forward to sae a form easement acceptable to yourself for hiking and biking purposes which I can use for y cl easement. :: Mr. Mark J. Vierling Page March 10, 2000 In addition, the Developer"s Developer" Agreement provides that there is a connection fee of $207 Kris Danielson from the City has provided me with a summary of the City's connection fees for the year 2000. However, would you please provide one with any breakdown of the connection charge that you may have in your possession so that I can satisfy myself as to the accuracy of the computation, If there is someone else at the City that I should contact regarding this information, please advise who I should contact. Thank you in advance for your courtesy and cooperation in this matter. Very truly yours, FULLER & INNEY Mark E. Fuller Mh Attach rat cc, is a iel son , City of Oak Park Heights (w/o encl.) Andy Schweizer r encl. Fred A. Kuepper , Jr. w encl .