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HomeMy WebLinkAbout2001-03-08 Memo of Extension of Development Agreement MEMORANDUM OF EXTENSION OF DEVELOPMENT AGRE, EMENT The Cit of Oak Park Hei and Champion Lod L.L.C. previo-uslv entered into a Development A affectin the development of the Aniericinn Project w * ' thIn the Cit of Oak Park Hei on Outlot Aof Bracke Addition. Outlot A of Bracke Add as part of the pro was replatted into Lots I and 2. Outlot A, Bracke Addition of which the 0 & Americinn is located upon Lot 1. Pursuant to the terms of the Development A Champion Lod L.L.C. provided the Cit of Oak Park Hei a letter of credit to secure the performance of certain P an A improvements identified within the terms of the Development A The individual improvements described have not been completed in full and Champion Lod L.L.C. has provided the Cit of Oak Park Hei an extension of the letter of credit si b Premier Bank extendin said letter of credit throu December 31, 2001. Champion Lod L.L.C. has re the Cit issue a temporar or conditional, Certificate of Occupanc to allow the ut'fization of the Amer*c'nn buildin which has now been constructed upon the pre m-ises and does hereb g uarantee to the Cit of Oak Park Hei that all conditions located upon the Conditional Certificate of Occupanc to be issued b the Buildin Department of the Cit of Oak Park Hei either have or will be completed in full on or before December 21, 200 1 at which time if the performance of an such conditions have not been completed, the Cit of Oak Park Hei ma at or prior to December 3 11) 200 1, utilize the securit and make the improvements directl on the site. Champion Lod(,,',r.;.nr)r L.L.C. does hereb acknowledue the extension of . 0 AS obli under the terms of the aforementioned Development A and further acknowled the extension of the securit posted to secure the provisions of the Plan A improvements under the 'terms of the Development A and further herewith consents to the conditions imposed, on the Conditional Certificate of Occupanc issued b the Buildin Department of the Cit of Oak Park Hei Dated this 8411 da of March, 2001 P IN WITNESS WHEREOF, the Cit and Developer have caused this Memorandium of A to be dul executed on the date and y ear ti rst above written. In the presence of: CITY OF OAK PARK HEIGHT S B Thomas Melena., Cit Administrator Gi f Oak Park Heicrhts James Butler. Cit Buildin Official CiV - Park Hei o I Oak COPY In th e presence of; CHAMPION LODGING L . L.C. y Its STATE MfNNES ss. COUNTY of WASHINGTON On this 8th day of March, Zoo 1 , b efore me Thomas Mete .a and James B utler to me personally known, being each by me duly swom did say that they are respectively y tie City Administrator and the City Building official of the City of a. P ark Heights the mum' corporation named in the foregoing instrument; and that the seal axed to said instrument is the corporate seal of said corporation, and that said inst was signed and sealed on .alf of said m unicipal corporation. y a thorit r of its City Council and said dm*nist�rator and ild� Off ` ic 1 ackmowledging execution of same, to be the free act and deed of said m unicipal corporation. r No PU 1i Ap f. STATE OF MINNESOTA My Commission Expires Jan, 31, 2005 N TA Y PUB - MINNESOTA . ssi COUNTY OF WASHINGTO O n this 8th day of March, , 20o 1, before me appeared N we i 2- and known to rye to be the and ---- of Champion Lodging L.L.C., respectively, and the same signed the foregoing Memorandum of Extension of Development Agreement on behalf of Champion Lodg L.L.C. representin. g that they had full authors an power o behalf of said entity tit to do so and affixed their signatures hereon as their free act and deed on behalf of said entity. 4 r Not hfic THIS INSTRU WAS D RAFT E D BY: f Mark J. vierling JUL ccr, Lammers, �rig, Wolf & ierlin .f�.,P �. ��'� : - � NOT P U S HO - M I NNES OTA x 1 N rthwestern Avenue Y x' Stillwat MN 55082 (651) 439-2878 F, 'PY 40* � Co n ditiona l - �erti�iCat� of Occup 1 l s � City of Oak Park Hey€ g hts Washington Coun , Mi 1 ty nnesota l l Use Classification: Motu � Permit Number: 00 -00258 � Occupancy: R -1 T e of Construction: V -N j Yip Use Zone: B -2 Owner of Building: ArzlericInn Motel &Suites Building Address: 13025 60` St. N. j 1302560 ``' St., N. Oak Park Heights, MN 55082 Oak Park Heights, MN 55082 S This Certrflcate is issued Subject to the following conditions and/af• restrictions: j (I) A new fighting plan is to be submitted to the City for review within 10 working days. Upon City Staff approval, all lights located on the east property line are to be removed and replaced by May 1, 2001; (2) A final as -built survey is to be submitted j for C3trr Staff approval, p rior to an landscaping of the p roperty . I'ro ertv ins must be in place and �narIc d to allow an 4 � P� I� Y p� j inspection of placement; (3) Final landscaping is to be approved by the CityArborzst; (4) A final inspection must be made on the location of the mpnument, Sign. Property pins must he located and a tine strung from pin to pin to allow for setback verification j measurement; and (5) Concrete tests to be made on the footings of the South and West foundation walls. Further testing may be 1 necessary pending test results. These must take place as soon as possible and prior to any further final grading or landscaping. j (This request is the result of improper testing procedures during the construction of this d"retling). Items 2 -10 shall be completed 1 prior to expiration of this certificate, as noted below. � Signed this 8th clay of March, 2001. _ '1 l Jim Butler Building Official /Zoning Administrator 1 1 � CONDITIONAL CERTIFICATE OF OCCUPANCY EXPIRATION DATE: MAY 3 1 , 240.E Distribution fist: 1. Howard Anderson @ Americinn Mgmt - Original and CIO Copy 2. Property Folder -13025 60 St. N. - Original and C/0 Copy 3. Jim Butler, Building Official 4. Kris Danielson, Community Development Director 5. day Johnson, Public Works Director 6. Thomas M. Melena, City Administrator 7. Judy Holst, Finance Director 8. Mark Vierling, City Attorney 9. Scot Richards, Planning 'IO.Dennis Post[er, Engineering 11.Andrew Schweizer, Americlnn President @ 13025 60c'' St. N. 12.Americlnn Community Development Project File Mailing &Personal Distribution completed: March 15, 2001 i