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HomeMy WebLinkAbout2005-10-21 OPH Communication to BGS - Subdivision Terms AgreementCity of Oak Park Heights 14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574 October 21, 2005 Mr. Douglass J. Dehn BGS 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Minneapolis, MN 55433-5894 RE: DDD Condominium Dear M. Dehn, Thank you for submitting to our attention the documents related to the condominium project. The City has now had an opportunity to review the pertinent facts of the application and make an informed decision on how best to proceed and to facilitate your client's needs. In essence the City does not have an objection to the creation of such condominium units. However, the City's Zoning Code does correctly classify this transaction as a "subdivision" so as to facilitate and provide the City a reasonable review of current conditions to ensure correct application of the City's code. Namely, the outstanding special assessments must be properly allocated to the new addresses; the previously issued Conditional Use Permits must be re-addressed to the properties (legal descriptions and unit numbers must be added) and that the declarations are properly applied throughout the development. With such concerns in mind, the City would be within its rights to place this project through the standard subdivision process, although the City's ability to ultimately object may be limited. Therefore, the City will release your client from the more rigorous subdivision process so long as the following items are complied with: 1) The declarations as recorded/filed with Washington County are the same as have been presented to the City for review (also attached). Any subsequent amendments or alterations to the declarations shall be copied to the City for review. 2) The Owner agrees to provide the City immediate notice should there be any change in allocation of the special assessments now identified as "Exhibit A to the Declaration" as attached. 3) The Owner agrees to pay for all City expenses related to the amendments and re-recording of the approved conditional uses and variances against the new property titles. If these terms are acceptable to your client, please have them sign and date this letter and return to my attention. Once 1 have this document returned, the City will •rmally approve the project and a release from the Subdivision process. son City ministrator if you have any questions. Mark Vierling, City Attorney Judy Hoist, Finance Director Scott Richards, NAC Date Date // Notary: 2s C flO affix stamp rs signature s JULIE R. JOHNSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010 OCT, 11 1005 4: U4NM bHKIVR, GuLV, tr r tiu EXHIBIT A TO DECLARATION Common Interest Community No. 218 DIED Condominium Allocation of inte re.st in the common elements and. of the common expenses: Unit No. e 101 12.5% 102 12.5% 103 123% 104 25% 105 12.5% 106 12.5% 107 12.5% ` of : 100% OCT, 21, 2005 2:21PM ARMA, GUZY, & STEEPEN uro 0 M 1 -; RA v'n'ww�www rt, G a a r� u f = to f ,CCLI iG 1Y0 AO 1 A. 57 "^\F 1 Ct�1NG VIVATIN. 4 A .„L »EDP M. hR cuul ASIQ'f� L *7 °1 1., CCIAC MEYAIIC?C: NGRtYA1l[xi. 'NMI a ry° VP k J T r x 2; ii i Rg'' T i M w P i.7 "^V NO 2234 P. 3 OCT. 21. 2005 2:21PM PARNA, GUZY, & STEFFEP R r r' 6 ❑ 4 a n a Eg-z-5 dz p ui.F. Lt. t t R { M E r 4 r 44 rQ N0, 2234 P. 2 5 4S City of Oak Park Heights 14168 Oak Park Blvd. N * Box 2007 Oak Park Heights, MN 55082 * Phone (651) 439 -4439 * Fax (651) 439 -0574 October 27 2005 Pie . / et me mcere ric Johnson Cif' 4ministrator 9 TO: Ms. Debra Nelson Washington County -- Assessment & Taxpayer Services PO Box 6 Stillwater, MN 55082 RE: DDD, LLC Condominium or if you have any questions. Cc: Judy Hoist, Finance Director Mark Vierling, City Attorney Julie Hultman, Zoning and Code Enforcement The City of Oak Park Heights does not maintain an objection to the creation of the DDD Condominiums. There are outstanding special assessments on the property that must be paid by the resulting new owners of such units. Attached you will find a percentage breakdown on how such assessments are to be applied. The City has granted its approval to the creation of the DDD Condominiums contingent upon continued satisfactory payment of outstanding assessments and upon the terms of a letter dated Oct 21, 2005, see attached. This letter was sent at the request of Washington County and/or the owners of DDD Condominiums. Nothing in this letter restricts the City from placing future special assessments upon these new parcels or grants any special waivers to the applicant any reason. ECKBERGAft, LAMMERS TORNEYS AT LAW Dear Mr. Johnson: Mr. Eric A. Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P. O. Box 2007 Oak Park Heights, Minnesota 55082 Writer's direct dial number: (651) 351-2118 October 17, 2005 Re: DDLYLLC Condominium Application Similarly, there was a Conditional Use Permit issued in May of 2004 for the Stillwater Auto Clinic use, also in Building 2 on the site. 1809 Northwestern Avenue, Suite 110 Stillwater, Minnesota 55082 (651) 439-2878 Fax (651) 439-2923 www.eckberglammers.com have reviewed copies of the declarations for the DDD Condominium forwarded me by Attorney Douglas J. Dehn on behalf of the applicant. The declarations do not appear to me to be inconsistent with the permits and development contracts that have been issued relative to DDD/LLC from the City of Oak Park Heights in the past, excepting that 1 note that on August 24, 2004 the City issued a conditional use permit for DH Transmissions doing business as Aamco on the site. Since there were no sub-addresses at that point in time or individual units that were identifiable, the permit was issued generically to Aamco Transmission conducting a CUP within "Building 2." Since the property is being condominiumized at the present time, it would be my recommendation that those two Conditional Use Permits be administratively corrected to correctly note the particular condominium unit that is going to be assigned to those uses and that the CUP's, once corrected, be recorded a_yainst the title of each unit so that the City can remain compliant with its obligations relative to reporting of conditi es and variances and that the uses will be correctly noted on the real estate title as b ing permitt within those specified units. MJVisdb Y1irs very truly, Mark J. Vierling ECKBERG. LAMMERS. BRIGGS, WOLFF 6 VIERLING, PLLP Family Law 1 Divorce • Business and Commercial Law • Criminal Law • Personal Injury / Wrongful Death Estate Planning 1 Probate • Real Estate • Land Use Law • Mediation • Municipal Law • Civil Litigation James Lammers Robert Briggs Mark Vierling Thomas Weidner Susan Olson David Snyder Sean Stokes Balers Heeren Laura Domagala Joshua Christensen RICHARD A. MERRILL DARRELL A. JENSEN JEFFREY S. JOHNSON RUSSELL H. CROWDER JON P. ERICKSON THOMAS P. MALONE MICHAEL F. HURLEY HERMAN L. TALLE CHARLES M. SEYKORA DANIEL D. GANTER, JR. BEVERLY K. DODGE JAMES D. HOEFT' JOAN M. QUADE JOHN T. BUCHMAN SCOTT M. LEPAK STEVEN G. THORSON ELIZABETH A. SCHADING October 13, 2005 Mark Vierling Eckberg Lammers 1809 Northwestern Ave., Suite 110 Stillwater, MN 55082 RE: DDD Condominium 1 City of Oak Park Heights Our File No. 56374-001 Dear Mr. Vierling: In accordance with the agreement at the October 12 meeting at the Oak Park Heights City Hall, am forwarding to you a copy of the Declaration of DDD Condominium, CIC No. 218. This Declaration was signed and notarized on October 4, 2005 and then immediately filed. No copy of the signed and notarized Declaration was made at the County Courthouse. However, the County Recorder issued Document No. 3544033 to the Recorded Declaration. have requested special assessment split percentages to Julie Hultman of the City of Oak Park Heights. The application together with the $400 application fee and escrow funds should now have been filed by my client, DDD, LLC, with the City. Should you wish to discuss these issues further, please contact me. Thank you for your time and assistance. Very truly yours, BARNA, GUZY & STEFFEN, LTD. Douglas J. Dehn DJD:mjh Enclosure cc: Client Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 www.bgslaw.com Writer's Direct Line: (763) 783-5128 Internet E-Mail Address: ddehn@bgslaw.com Established 1938-An EOE/AA Employer cc) WILLIAM E HUEFNER BRADLEY A. KLETSCHER DOUGLAS J. DEHN KRISTI R. RILEY WILLIAM D. SIEGEL TIMOTHY D. ERB KAREN K. KURTH ANGELA M. SAMEC ELIZABETH M. STUVA LAURA R. GURNEY SEAN D. WHITLOCK SUSAN E. SHEELY Retired ROBERT A. GUZY BERNARD E. STEFFEN 1931-2002 RECITALS Common Interest Community No. 218 Condominium DDD Condominum DECLARATION THIS DECLARATION is made as of this day of , 2005, by DDD, LLC, a Minnesota Company, innesota Limited Liabili Corn an , "Declarant ", pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes Sections 515B.1- 101 through 515B.4-118 (the "Act"), as amended. Declarant DDD, LLC is the owner of the following described real estate located in Washington County, Minnesota: Lot 2, Block 1, Kern Center 2nd Addition all of which real estate constitutes and is referred to herein as the `Real Estate ". Declarant wishes to establish the Real Estate as a condominium under the Act. NOW THEREFORE, Declarant declares that the Real Estate is and shall be divided, held, transferred, conveyed, sold, leased, occupied and developed subject to the Act and to the covenants, conditions, restrictions, easements, charges and liens set forth in this Declaration, which shall run with the Real Estate and be binding upon all parties having any right, title or interest in the Real Estate, their heirs, successors and assigns, and which shall inure to the benefit of each unit owner, and the heirs, successors and assigns of each unit owner. Note to Readers: Many provisions of the Act (Chapter 515B) which governs this common interest yp community ("CIC"), and of the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317A under which the Association is formed, are not repeated in this Declaration. This Declaration should be read in conjunction with both statutes. 1 1.00 DEFINITIONS 1.01 Words defined in the Act shall have the meaning ascribed to them in the Act. The following are supplemental definitions. a. "Association" shall mean DDD Condominium Association, a Minnesota nonprofit corporation. b. "Board of Directors" or "Board" shall mean the board of directors of the Association. c. "Member" shall mean any person or entity holding membership in the Association. d. "Unit" shall mean Units 101, 102, 103, 104, 105, 106 and 107. e. "Common Elements" shall mean all parts of the Property except the Units, including all improvements thereon, owned by the Association for the common benefits of the Owners and occupants. f. "Common Expense" shall mean and include all expenditures made or liabilities incurred by or on behalf of the Association and incident to its operation, including, without limitation, allocations to reserves and those items specifically identified in the Common Expenses in the Declaration or By -Laws. g .1• "First Mortgage" shall mean any person owning a mortgage on any Unit, which mortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, and which has requested the Association, in writing, to notify it regarding any proposed action whcih requires approval by a specified percentage of Eligible Mortgagees. h. "Governing Documents" shall mean this Declaration, and the Articles of Incorporation and By -Laws of the Association, as amended from time to tine, all of which shall govern the use and operation of the Property. i. "Member" shall mean all persons who are members of the Association by virtue of being Owners as defined in this Declaration. The words "Owner" and "Member" may be used interchangeably in the Government Documents. "Occupant" shall mean any person or persons, other than an Owner, in possession of or residing in a Unit. k. "Owner" shall mean a person who owns a Unit, but excluding contract for deed vendors, mortgagees and other secured parties within themeaning of Section 2 515B.1-103 (30) of the Act. The term "Owner" includes, without limitation, contract for deed vendees and holders of a life estate. 1. "Party Wall" shall mean the shared wall between two Units. m. "Person" shall mean a natural individual, corporation, limited liability company, partnership, trustee, other or legal entity capable of holding title to real property. n. "Plat" shall mean the recorded plat depicting the Property pursuant to the . requirements of Section 515B.2 -110 (c) of the Act, and satisfying the requirements of Minnesota Statutes Chapter 505, 508 or 508A, as applicable, including any amended or supplemental Plat recorded from time to time in accordance with the Act. 0. "Property" shall mean all of the real property submitted to this Declaration, including the Units and all other structures and improvements located thereon now or in the future. P "Rules and Regulations" shall mean the Rules and Regulations of the Association as approved from time to time pursuant to Section 23.02. 2.00 IDENTITY OF REAL ESTATE AND CIC 2.01 Identity. This Declaration establishes Common Interest Community No. 218, Washington County, Minnesota, under the name DDD Condominium. It is a condominium (and not a planned community or cooperative), and is not subject to a master association. The real estate included within this CIC is located in Washington County, Minnesota and is legally described as follows: Lot 2, Bloc. 1, Kern Center 2nd Addition 3.00 CIC PLAT 3.01 The CIC Plat for this CIC is being recorded simultaneously with, and as a part of, this Declaration. 4.00 OWNERS' ASSOCIATION 4.01 DDD Condominium Association has been incorporated as a Minnesota nonprofit corporation under Minnesota Statutes, Chapter 317A to act as the association of unit owners required by section 515B.3-101 of the Act. 3 5.00 UNITS AND UNIT IDENTIFIERS 5.01 This CIC consists of seven (7) total units. The unit identifier of each unit is shown on the CIC Plat. 6.00 BOUNDARIES 6.01 The unit boundaries of each unit shall be the walls, floors and ceilings of each unit, as described in further detail in Section 515B.2- 102(b) of the Act. 7.00 USE OF UNITS: RESTRICTIONS ON TRANSFER 7.01 Units. Units are restricted to any use that is allowed by City Ordinances. 8.00 COMMON ELEMENTS FOR EXCLUSIVE USE 8.01 Limited Common Elements. There are no limited common elements. 9.00 ALLOCATED INTERESTS 9.01 Ex enses and Ownershi . Each of the units is hereby allocated the percentage of undivided interests in the common elements and in the common expenses of the Association, specified in Exhibit A attached to this Declaration. However, certain expenses may be assessed on a different basis, or against one or fewer than all units, under the following circumstances: a. Any common expense associated with the maintenance, repair, or replacement of a limited common element undertaken by the Association may be assessed exclusively against the unit or units to which that limited common element is assigned, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each unit. b. Any common expense or portion thereof benefiting fewer than all of the units may be assessed exclusively against the units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each unit. By way of example, the Board may determine that specific common expenses are of negligible benefit to the Garage Units, or that other common expenses benefit only the Garage Units. c. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Reasonable attorneys fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of this Declaration, 4 th e Bylaws, the Act, or the Rules and Regulations, against an Owner or occupant or their g uests, may be assessed against the Owners unit. ate char g es fines and interest may be assessed as provided in e. Fees, charges, l g Section 515B.3-116(a) of the Act. f. Assessments levied under Section 515B.3 -116 of the Act to pay a judgment against the Association ma y only be levied onl against the units existing at the time the judgment p was entered, in proportion to their common expense liabilities. damage to the common elements or another unit is caused by the act or If any g omission of a n y occupant, or ant, or their guests, the Association may assess the p co repairing costs of re airin the damage exclusively against the Owner's unit to the extent not covered by insurance. h. If any installment of an assessment becomes more than 30 days past due, then the Association may, upon u 10 days written notice of the Owner, declare the entire y amount of the assessment immediately due and payable in full. If common expense liabilities are reallocated for any purpose authorized by the �. p Act, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. Assessments described in Subsections 9.01.a -h shall not be considered special assessments as described in Section 10.02. 9.02 Formula. The percentage allocation of interests specified in Exhibit A is calculated for each unit by dividing or 12.5 % per unit for Units 101, 102, 103, 105, 106 and 107 and �vxd�ng 100 by 8, 25% for r Unit 1 04. Unit 104 is approximately twice the size of the other units. 9.03 Voting. Units 101, 102, 103 105, 106 and 107 shall have one vote. Unit 104 shall have two votes. g. J 10.00 ASSESSMENTS 10.01 General Provisions. Section 515B.3 -115 of the Act specifies how assessments are assessed and collected. Section specifies 515B.3 -116 s ecifies how the lien for assessments is created and interests it is either superior and to which xn erior or subordinate. The following subsections p 10.02 through 10.04 supplement those provisions. 10.02 Special Assessments. In addition to the annual assessments authorized above, the assessment year, a s Association may levy, in any y , ecial assessment applicable to that year only p for the purpose of defraying, part, whole or in art, the cost of any unforeseen or unbudgeted common expense, including in without limitation the unexpected construction, reconstruction, repair or replacement capital p ent of a ca ital im rovement and including fixtures and personal property 5 related thereto, p rovided that any such assessment shall have the assent of not Tess than two - thirds (2/3) of the voting power of members who are voting in person or by proxy at a meeting duly called for this purpose. 10.03 Commencement of Initial Annual Assessments. The annual assessments provided for herein shall commence as to all units not later than 60 days after the conveyance of the first unit to an owner other than Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 10.04 Commencement of Annual Assessments. By November 30 of each year the Board shall fix the amount of annual assessments against each unit for the following fiscal year and shall send written notice thereof to each owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it shall y adopt budget a bud et for the following fiscal year and cause a copy of such budget in reasonable detail to be furnished to each owner. 10.05 Lien Priority; Foreclosure. A lien under this Section is prior to all other liens and encumbrances on a unit except (i) liens and encumbrances recorded before this Declaration, (ii) an y mortgage mort a g e on the unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the unit. Notwithstanding the foregoing, if a first mortgage on a unit is foreclosed, the first mortgage was recorded on or after June 4, 1994, and no Owner redeems durin g s period Owner' eriod of redemption provided by Chapters 580, 5 8 1, and 582, then the holder of the sheriffs certificate of sale from the foreclosure of the first mortgage shall take title to the unit subject to unpaid assessments for common expenses levied pursuant to Section � p 515B.3-115(a), to (3), (i), and (1) of the Act which became due, without acceleration, durin g the six months immediately preceding the first day following the end of the owner's period of redemption. 14.06 Volunt ary Conveyances; ances; Statement of Assessments. In a voluntary conveyance of a unit the buyer shall not be personally liable for any unpaid assessments and other charges made y p b y Association against Associati ainst the seller or the seller's unit prior to the time of conveyance to the buyer, expressly ex ressl y assumed by the buyer. However, the lien of such assessments shall fi the unit until satisfied. against ed. All buyer shall be entitled to a statement, in g i Any seer or recordable form, from the Association setting forth the amount of the unpaid assessments against the unit, includin g all assessments payable in the Association's current fiscal year, which statement shall be binding on the Association, seller and buyer. 11.00 LIMITED ASSESSMENT PROGRAM 11.01 Because this is a p artial conversion CIC, Declarant elects to not establish a limited assessment program of the type described in Section 515B.3-115(b) of the Act. 6 12.00 EASEMENTS 12.01 Easement for Encroachments. Each Unit and the Common Elements, and the rights of the Owners and Occupants therein, shall be subject to an exclusive easement for encroachments in favor of the adjoining Units for walls, roof overhangs, docks, air conditioning systems, plumbing systems, s stems, electrical systems, exhaust systems, utility installations and other apurtenances which are part of the original construction of the adjoining Unit or the Property. If there is an encroachment by a Facility, or other building or improvement located in a Unit, upon another Unit or Facility, or the Common Elements as a result of the construction, reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenant easement for the encroachment, for the use, enjoyment and habitation of any encroaching Facility, building or improvement, and for the maintenance thereof, shall exist. Such easements shall continue for as long as the encroachment exists and shall not affect the marketability of title. Owners and g Occupants have the right to use the Common Elements immediately above and below their Units for all such systems. 12.02 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Units for the purposes of maintenance, repair, replacement and reconstruction of the Units, and utilities serving the Units, to the extent necessary to fulfill the Association's obligations under the Government Documents. 12.03 Utilities Easements. The Property shall be subject to non - exclusive, appurtenant easements for all utilities, water and sewer, and similar services, which exist from time to time, as constructed or referred to in the Plat, or as otherwise described in this Declaration or any other duly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to a non-exclusive easement in favor of the other Units for all such services, including without limitation any sewer or water lines servicing other Units. Each Unit shall also be subject to an exclusive easement in favor of the Association and all utilities companies providing service to the Units for the installation and maintenance of utilities metering devices. 12.04 Continuation and Scope of Easements. Notwithstanding anything in this Declaration to the contrary, in no event shall an Owner or Occupant be denied reasonable access to his or her Unit or the right to utility services thereto. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded, and shall include reasonable access to the easement areas through the Units and the Common Elements for purposes of maintenance, repair, replacement and reconstruction. 13.00 ASSOCIATION AND OWNER MAINTENANCE RESPONSIBILITY 13.01 Common Elements. The Association shall undertake the maintenance and repair of the common elements, except as stated below. The Association shall have the exclusive right to manage, maintain and alter the common elements. 7 13.02 Services by Association. At its expense, the Association will provide the following to each Unit: (a) (b) (c) (d) (e) (S) (h) Water and sewer; Snow plowing of parking lot; Maintenance of landscaping in common areas; Maintenance of parking lot and sidewalks; Legal and accounting as the board of directors deems to be necessary; Exterior painting fund; Roof replacement sinking fund. All door and glass maintenance and replacement between Common Elements. 13.03 Services by Owners. Each owner, at its own expense, shall provide, service or maintain the following: (a) Electric service; (b) Gas service; (c) Telephone and other communication systems and services; (d) Air conditioning systems and maintenance; (e) Heating and furnace including systems and maintenance; (f) Garbage and trash removal; (g) All door and maintenance and replacement between a Unit and Common Elements; (h) All overhead doors and bollards, including replacements and maintenance. 13.04 Personal Property for Common Use. The Association may acquire and hold for the use and benefit of all of the owners tangible and intangible personal property and may dispose of the same by sale or otherwise. 14.00 OWNERS' MAINTENANCE 14.01 Upkeep and Maintenance. Each owner shall undertake, at the expense of such owner, the p u kee and maintenance of such owner's unit, and each owner shall maintain the same free of upkeep vermin, cockroaches, pests and debris which may pose a threat to the health or safety . of occupants of other units. Every owner must perform promptly all cleaning, maintenance and repair work within his unit, which, if omitted, would affect another unit or units, being expressly responsible for the damages and liabilities that failure to do so may engender. The Association may from time to time specify reasonable standards for all such maintenance. Without limiting the generality of the foregoing, the Association may require an owner to remove offending items, or to use a professional exterminator, and upon failure of the owner to so do, Association after reasonable notice may enter the unit with a professional exterminator or other appropriate contractor and take corrective action, charging the owner of such unit for the reasonable cost thereof. An owner shall do no act nor any work that will impair the structural soundness or integrity of the building, or impair any easement or hereditament, nor do any act nor allow any 8 condition to exist which will adversely affect the common elements, the other units, or their owners. 14.02 Heating of Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a unit which might result in damage to an adjoining unit, all owners shall maintain the temperature in their Units, at all times, at least at 55 degrees Fahrenheit (or such other reasonable temperature or standard as the Board of Directors may from time to time specify by written rule), subject, however, to the inability to maintain such temperature due to causes beyond the owner's reasonable control. Any damage resulting from the refusal or failure of an owner so to maintain such minimum temperature may be repaired by the Association and (unless due to causes beyond the owner's reasonable control) the cost thereof assessed against the unit of the refusing or failing owner. However, if the failure to maintain such minimum temperature is due to causes beyond the owner's reasonable control, the cost of such repair shall be a common expense. The Association may by rule require units which are unoccupied for substantial periods of time during winter to use alarms which will detect abnormally low temperatures. 15.00 INSURANCE, CASUALTY AND EMINENT DOMAIN 15.01 Association's Policies. Section 515B.3-113 of the Act requires the Association to maintain casualty insurance coverage on the common elements and units. The same section also requires general liability coverage, authorizes the Association to carry any other insurance it considers appropriate, specifies minimum notice from an insurer prior to cancellation, specifies other provisions for such insurance, requires the Association or an insurance trustee to adjust all losses, and describes the Association's duty with respect to repair or rebuilding after casualty to common elements or units. The provisions of the Act described in this paragraph may not be varied or waived, but are hereby supplemented, as follows: a. The Association shall carry workers compensation insurance whenever it has eligible employees. b. The Association may cany fidelity insurance and shall do so whenever required by a holder, insurer or guarantor of a mortgage. c. The Association may enter into binding agreements with one or more holders, insurers or guarantors of mortgages obligating the Association to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor of any changes to coverage. 15.02 Owners' Individual Policies. Each owner should carry insurance for his or her own benefit insuring personal liability and equipment, wallcovering, fixtures, furniture, furnishings, and other personal property, and fixtures and other real estate supplied or installed by this owner or a previous owner or tenant, except to the extent that the Association in its discretion provides blanket coverage for some or all such items, provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by 9 the Association shall not be affected or diminished by reason of any such additional insurance carried by any owner. 1 5.03 Betterments. In all events, betterments or improvements made subsequent to the original construction by any owner to the owner's unit shall be the responsibility of the owner to insure separately (or by rider to a blanket policy at the consent of the Association) if the owner desires the same insured. If the Trustee or mortgagee undertakes the reconstruction or remodeling of a unit as above provided, the same need be restored only to substantially the same condition as the unit was as of the completion of original construction. 15.04 Eminent Domain. As in the case of physical damage or destruction, the Association shall represent all unit owners with respect to any condemnation involving all or any part of this CIC, including the condemnation proceedings, and any negotiations, settlements, or agreements as part of the condemnation or in lieu of the condemnation, and all proceeds shall be payable in the first instance to the Association or an insurance trustee, for the benefit of owners and mortgage holders. 15.05 Deductibles. The Association may, in the case of a claim for damage to a unit, (i) pay the deductible amount as a common expense, (ii) assess the deductible amount against the units affected in any reasonable manner, or (iii) require the owners of the units affected to pay the deductible amount directly. 16.00 ARCHITECTURAL RESTRICTIONS 1 6.01 Association Control. The Association shall have the exclusive control of the common elements (including limited common elements, if any) and no change shall be made to the common elements or to the exterior of any unit, including changes in appearance or color, except by the Association or with the written authorization of the Association. 16.02 Windows. No films or coatings shall be applied to the interior or exterior of exterior windows which darken, make reflective or otherwise change the color or appearance of such windows as viewed from outside the unit, without the prior written consent of the Association. All window treatments in a unit which are visible from outside the unit shall be of a light neutral color. The Association may from time to time prescribe one or more specific materials and colors. All window treatments shall be constructed for use as draperies, curtains or blinds, and no sheets or untailored materials shall be used as window coverings at any time. 16.03 Awnings. No awnings or shades shall be erected over and outside of the windows, nor shall any articles or structures be hung or placed on any outside window sills, without the prior written consent of the Association. 16.04 Sidewalks. No shades, awnings or other types of sun screen or privacy fence shall be installed or placed on a sidewalk. 10 16.05 Wiring or Penetrations. No exterior wiring shall be installed nor shall there be penetrations of the walls , window frames or roofs of the exterior of the building except as authorized by the Association. 16.06 Mechanical and Electra Equipment. Electrical E ui rnent. No additional air conditioning or air cooling unit any p shall be installed or placed in an part of a unit other than that which was originally installed, without the prior written consent of the Association. All ceiling fans and all other electrical fixtures installed in a unit must comply with all applicable building codes and underwriting reasonable standards adopted by the Association. No oil -fired or other standards and other re p combustion type heaters shall be allowed in units without the prior written consent of the Association. 16.07 S tructu res on the Common Elements. No building, fencing, sheds or other structures which were not part of the original inal construction, nor any trees, bushes or substantial change in landscaping shall be erected or maintained on the common elements (including limited common elements, except with the written authorization of the Association. if any) exce p 16.08 Antennae. Except prior pp with rior written approval of the Association, no exterior television, microwave antenna of an radio, satellite, or mi any sort shall be erected or maintained upon the common elements or the exterior of a unit. However, any requirements with respect to satellite receiving antennas one meter or less in diameter shall be reasonable, shall not impair or degrade reception and shall conform to the Federal Telecommunications Act of 1996. 17.00 RENTAL RESTRICTIONS provide that the terms of the lease shall be owner and a lessee shall 17.01 Any lease between an p subject in all respects to the provisions of this Declaration, the Articles of Incorporation and the e by the lessee to comply Bylaws, and that any failur y p y with the terms of such documents shall be a by default under the lease enforceable b the Association as well as the landlord. A lease of a unit unit, not a portion thereof. All leases of units shall be in writing and a copy must be for an entire u p shall be filed with the Association prior rior to commencement of the term. No lease of a unit may be for a period of less than thirty (30) days. All leases shall be deemed to include, for the term of y owner's rights to use the o the lease, all of the o open spaces of the CIC, and no owner shall be g p permitted the use thereof unless occupancy less in occu of a unit. Other than the foregoing, there shall be y no restrictions on the right of any owner to lease a unit. 1 8.00 GENERAL RESTRICTIONS 18.01 Prohibi . tion of Damage a e and Certain Activities. Nothing shall be done or kept on any unit or any part thereof which would increase the rate of insurance on the Real Estate or any part thereof over what the Association, but for such activity, would pay, without the prior written consent of the Association . Nothing shall be done or kept on any unit or any part thereof which g would be in violation of a n y statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the exterior of the Real by Estate and building shall be committed b any owner or any invitee of any owner, and each 11 owner shall indemnify and hold the Association and the other owners harmless against all loss resulting from any such damage or waste caused to the Association or other owners by such owner or the owner's invitees. No noxious, destructive or offensive activity shall be allowed on any units or any part thereof, nor shall anything be done thereon which may be or may become a nuisance to any other owner or to any other person at any time lawfully occupying the Real Estate. 1 8.02 No Unsightly Uses. No articles shall be hung out on any portion of a unit so as to be visible from outside the unit. 18.03 Animals. No pets shall be permitted to be kept on the Real Estate by any owner or occupant. No kennel, dog house or outside run shall be constructed or maintained on the Real Estate. 18.04 Signs. No sign of any kind shall be displayed to the public view on any unit, except: a. Such signage, in such styles and materials as the Board shall by regulation approve, taking into account applicable municipal ordinances. b. A `For Sale" sign may be displayed provided that it is in such styles and materials as the Board shall by regulation approve; c. Political campaign posters, during election seasons; and d. Declarant shall be permitted to erect and maintain upon the Real Estate such signs as it deems necessary to advertise the development during the construction and sale periods. 18.05 Noises. Unit owners and occupants shall not make noises in a way that may unreasonably disturb other owners or occupants, or otherwise create unreasonable disturbances to the peace and tranquility of the building. No nuisance shall be allowed on the CIC nor shall any use or practice be allowed which is a source of annoyance to the other owners or which interferes with the peaceful possession or proper use of the CIC by all unit owners. 1 8.06 Outside Storage. Outside storage of any items except trash and garbage containers shall not be allowed. 18.07 Vehicle Storage. No boats, snowmobiles, trailers, camping vehicles, buses, camper tops, "all- terrain vehicles ", tractor /trailers or trucks in excess of 9,000 pounds' gross vehicle weight, or unlicensed or inoperable vehicles shall at any time be stored or parked on the common elements without the express written approval of the Board of Directors, which may be withheld without stated reason. 18.08 Repairs to Vehicles. Save for emergency repairs, no repairs or adjustments to motor vehicles may be carried out on the common elements. 12 18.09 Landscaping. No one shall harm, mutilate, destroy, alter or litter any of the landscaping work or improvements on the common elements, including grass, trees, and flower beds. 18.10 Designated Areas for Vehicles. No motor vehicle shall be driven or parked on any part of the common elements other than on a driveway or parking space. 18.11 No Obstructions. The sidewalks, walkways, halls, passages, entrances, corridors, stairways, and driveways shall not be obstructed or used for any other purpose than ingress to and egress from the units and parking areas within the common elements. 18.12 Flammable or Hazardous Materials. No stores of coal or any combustibles, flammable or hazardous goods, provisions or materials shall be kept on any part of the Real Estate except for reasonable quantities needed for commercial or industrial purposes. 18.13 Non - Interference. No part of the common elements shall be used by anyone in such a manner so as to interfere with the use and enjoyment of the units or the common elements. 18.14 Cable System Access. In the event the Board of Directors authorizes any sort of master, cable or community television or data system, each owner hereby authorizes access to his or her unit upon reasonable notice for the purpose of installing the conduits and fixtures necessary to serve such unit, without regard to whether the owner then elects to subscribe to or use such system. 18.15 Bicycles. Bicycles shall not be left untended on the common elements. 18.16 Rules and Regulations. The Board of Directors may from time to time adopt, promulgate and publish other rules of conduct reasonably relating to the enj oyrnent of the CIC by owners and occupants, including rules for the use of recreational facilities and amenities, provided that no such rules and regulations may have the effect of contradicting a provision of this Declaration or the Bylaws. 18.17 No Additional Units. Neither the Declarant nor any other unit owner is permitted to create any additional units by subdivision or conversion under Section 515B.2 -112 of the Act. 18.18 No Time Shares. Time shares, as defined in the Act, are not permitted in this OIC. 19.00 FIRST MORTGAGEES 19.01 Precedence. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. 19.02 Notice of Action. Any mortgagee and any insurer or guarantor of a first mortgage on a unit who has advised the Association in writing of its name and address and the address of the 13 unit covered by such mortgage, and in said writing has requested the Association to notify it of any of the following, will be entitled to timely written notice of: a. Any condemnation loss or any casualty loss which affects a material portion of the project or any unit on which there is a first mortgage held, insured, or guaranteed by such mortgage holder or insurer or guarantor, as applicable; b. Any delinquency in the payment of assessments or charges owed, or any other default in the performance of any obligation under this Declaration, the Bylaws, or Articles of Incorporation by an owner of a unit subject to a first mortgage held, insured, or guaranteed by such holder or insurer or guarantor, which remains uncured for a period of 60 days; c. Any lapse, cancellation or material modification of any insurance policy maintained by the Association; d. Any proposed action which would require the consent of a specified percentage of mortgage holders as specified in Section 21.03 below. 19.03 Examination of Books and Records. First mortgagees and holders, insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association, as set forth more fully in the Bylaws. 19.04 Designation of Representative. Any holder of a first mortgage on a unit may designate a representative to attend meetings of members. 20.00 SPECIAL DECLARANT RIGHTS 20.01 Special Declarant Rights. Declarant hereby reserves the following rights (referred to in the Act as Special Declarant Rights) for its benefit: a. the right to complete improvements indicated on the CIC Plat; b. the right to create units by this Declaration; c. the right to maintain sales offices, management offices, signs advertising the common interest community, and models, provided that no more than one combined sales and management office may be maintained and no more than a total of two model units (at locations chosen by Declarant) will be maintained within the CIC at any one time; d. the right to use easements through the common elements for the purpose of making improvements within the CIC; 14 e. the right to appoint or remove any officer or director of the Association during the period of Declarant control, which shall expire on the earliest of the following events: 1. surrender of the right of control by the Declarant; 2. 60 days after the conveyance of 75% of the units to owners other than Declarant; and 3. three years from the first conveyance of a unit to an owner other than Declarant. f. The right to lease Units after the filing of this Declaration. 21.00 AMENDMENTS 21.01 Statutory Requirements. The Act specifies the requirements for amending this Declaration. 21.02 Declarant's Joinder. In addition to the other requirements for amendment of this Declaration and the Bylaws contained herein, the written joinder and consent of the Declarant shall be required for any amendment of either this Declaration or the Bylaws which shall abolish, diminish or restrict Declarant's rights hereunder to complete improvements, to maintain sales and management offices and models or to maintain signs and advertise the project, until the last conveyance of a unit to an owner other than Declarant. This right may be waived in whole or part at any time by recording a written waiver executed and acknowledged by Declarant. 21.03 Mortgagee A Approval. In addition to all other requirements set forth herein, and except pp q when a higher percentage is required by law or this Declaration, amendments to this Declaration of a material nature must be agreed to by unit owners who represent at least 70% of the total allocated votes in the Association and by mortgage holders who have submitted a written request to the Association to be notified of any proposed action requiring consent of mortgage holders, who represent at least 51% of the votes ascribed to units that are subject to mortgages held by such mortgage holders. A change to any of the provisions governing the following matters would be considered material: a. voting rights; b. increases in assessments that raise the previously assessed amount by more than 25 %, assessment liens, or the priority of assessment liens; c. reductions in reserves for maintenance, repair, and replacement of common elements; d. responsibility for maintenance and repairs; 15 e. reallocation of interests in the general or limited common elements, or rights to their use; f. redefinition of any unit boundaries; g convertibility of units into common elements or vice versa; h. expansio n ' or contraction of the project, or the addition, annexation, or withdrawal p roJ of property to or from the project; i. hazard or fidelity insurance requirements; j p imposition of any restrictions on the leasing of units; k. imposition sition of an y restrictions on a unit owner's right to sell or transfer his or her unit; 1. a decision . by the Association to establish self management if professional y management had been required previously by the holder of a first mortgage on a unit; m, restoration repair project •ation or re air of the ' ect (after damage or partial condemnation) in a manner other than that specified in this Declaration; or n.. any p rovisions that expressly benefit mortgage holders, insurers, or guarantors. 22.00 WORKING CAPITAL FUND 22.01 Establishment. The Declarant shall establish an Association working capital fund unforeseen expenditures or to intended to meet un purchase any additional equipment or services. p p A.t the time control of the Association is transferred to owners, the working capital fund shall be transferred to the Association for deposit in a segregated fund. The fund shall be initially established at an amount equal to two months' assessments on all units. The amount attributable to a particular unit will be collected and deposited in the fund at the time of closing of Declarant's nit provided that when control of the project is transferred to owners, the amounts sale oftheu unit, attributable to all 1 units which have not then closed shall be collected. A contribution from each capital fund is measured b unit to the working cap by two months' assessments, but amounts paid into the fund are not advance payments of regular assessments. 22.02 Declarant ' s Accounting. working capital . This workin fund is the property of the Association, and p is not to be confused with any earnest agreed upon between the Declarant and buyers of y money g units. The Declarant ma y not use the Association working capital fund to defray any of its expenses, reserve contributions or construction costs or to make up any budget deficits while it is in control of the Association. When unsold units are sold, however, the Declarant may reimburse 16 itself closing for money it itself from funds collected at a unit close g y aid the Association for that units share p of the working capital fund. 23.00 MISCELLANEOUS 23.01 Right to Cure. In the event th at any owner violates any covenant or fails to perfonrn any y .. Association may perform the act, remove the defect condition contained in this Declaration, the y p da s written notice to the owner. If the Association so or correct the violation upon thi rty (30) y ' may levy an assessment against the owner's unit for acts on behalf of an owner, the Association y �' the cost of the performance or correction. • power and authority of the Association as provided 23. D2 Association Acts through Board. The �' . ' Bylaws, and Rules and Regulations shall be vested in in the applicable Statutes, the Declaration, y • the owners in accordance with the Bylaws of the Association. a Board of Directors elected by i Board of Directors and the officers elected by the Board; The As so ci an on shall act through the • Declaration Bylaws to action, consent or discretion by on and the B accordingly, all references in this Declarata y • 'rectors acting for the Association, unless action by the the Association shall mean the Board of D� g � • . ees is expressly required by this Declaration or the vote of the owners, members or mortgagees p �' q Bylaws. • be sent to any member of the Association (or owner) 23.03 Notices. Any notice required to y . ' be deemed to have been properly sent when mailed, under the provisions of this Declaration shall p 55 of such member appearing on the records of the repaid, to the last known address . postage prepaid, .. . such mailing. In the case of multiple owners of a unit, notice to any Association at the time of su g one of such owners shall be deemed notice to all. 23.04 Captions. The headings in this Declaration are intended for convenience only and shall � not be given any substantive effect. • apparent conflict between this Declaration and the 23.05 Construction. In the event of an pp govern. �� h • s „ "he" shall rn. The use of pronouns such as i , Bylaws, the provisions of this Declaration g y �� "him" mean whenever a and him are for literary purposes and m applicable the plural and female forms. 23.06 Not Subj ect to Ordinance. This CIC is a conversion CIC within the meaning of • - �- Io Minlzesata Statutes Section 515B.1 106�c }. , the CIC is not subject to any ordinance of the type authorized or permitted by said statute. ' ' all other remedies and rights set forth in the act, the 23.07 Rights of Action. In addition to . or more aggrieved unit owners, shall have the right of action against Association, and any one o� gg the Bylaws or the with the provisions of this Declaration and th y unit owners who fail to comply p rights of action . and one or more unit owners shall also have such rigl decisions of the Association, a against the Association for any failure to comply with or enforce such provisions. • The Declarant shall enjoy the same rights and shall 23.05 Declarants Rights and Obligations. • same duties with respect to its unsold units in the CIC as any be deemed to have assumed the s p 17 extended by the alternate assessment program and the special other owner, except as modified or exten y declarant rights described in this Declaration. IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the da y and year recited on the first page hereof. THIS INSTRUMENT DRAFTED BY: BARNA, GUZY & STEFFEN, LTD. Douglas J. Dehn 400 Northtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 Telephone: 763-780-8500 DDD, LLC By: Its Chief Manager STATE OF MINNESOTA ) )ss COUNTY OF ANOKA ) • was acknowledge The foregoing instrument wa d before me this day of � of DDD, the Chief Manager o , 2005 by LLC, a limited liability company under . the laws of the State of Minnesota, on behalf of the company. 18 NOTARY PUBLIC EXHIBIT A TO DECLARATION Common Interest Community No. 218 DDD Condominium Allocation of interest in the common elements and of the common expenses: Unit No. Percentage 101 12.5% 102 12.5% 103 12.5% 104 25% 105 12.5% 106 12.5% 107 12.5% Total: 100% OCT. 21. 20G§ 2:20PM BARNA, GUZY, & STEFFEN N0, 2234 P. 1 RICHARD A. MERRILL DARRELL JENSEN JEFFREY S. JC SON RUSSLL I1. CROWDER JON P. ERICKSON THOMAS P. MALONE MICHAEL F, HURLEY HERMAN L. TALLE CHARLES ML S E VKORA DANIEL D. CANTER.JR. BEVERLY DODGE JAMBS D. HOEFT JOAN M QUADE JOHN T. BUCI-IVLAN FROM: Barna, Suzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtowm Financial Plaza 200 Coon Rapids Boulevard Minneapolis, Minnesota 55433 www.bgslarv.com (763) 780 -85O0 FAX (763) 7804777 1- 800- 422-3486 Writer's Direct Line: 763) 783- -5J28 Internet E -Mail Address #e_h2:1Vfi FAX TRANSMITTAL COVER PAGE DATE: October 21, 2005 TO: Eric Johnson COMPANY /LOCATION: City of Oak Park Heights COMPANY'S FAX NO.: 651-439-0574 Douglas J. Dehn TOTAL PAGES INCLUDING THIS SHEET: 3 Please notify Connie at (763) 780 -8500 if all pages are not received. Original will not follow by mail Established 1938 — An A EOE Employer SCOTT M LEPA1C, STEVEN C. TIIORSON ELIZABETH 4, SCRADINC WILLIAM F. NUEFNER BRADLEY A. KLLTSCHBR DOUGLAS J. DEMI KRISTI R. RILEY WILLIAM D. SIEGEL TIMOTHY D. ER3 KAREN K. KURTH ANGELA M. SA EC ELIZABETH p����y r� M.. GURNEY LAURA M V 6 E 6� SEAN D. WHITLOCK SUSAN E. SI'IEELY Retired ROBERT A, GUZY BERNARD a STEFFEN 1931 - 2002 MESSAGE: E: I am enclosing copies of sheets 1 and 2 of the CIC Plat, as e- mailed to me by the surveyor Sheet � � 3 shows the layout of each unit within the 2 buildings. Hopefully you can read the fine print with this reduction. The information contained in this facsimile message is attorney privileged and Confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the untended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you. have received this communication in error, please immediately notify us by telephone, and return the original message to us at the above address via the U.S. Postal Service. We will be happy to reimburse you for the postage. CITY OF OAK PARK HEIGHTS *DEVELOPMENT APPLICATION 14168 Oak Park Boulevard P.O. Box 2007 Base Fee: t 4/00 1 os... Oak Park Heights, MN 55082 Escrow Amount: ,7750 CR (651) 439 -4439 Fax: (651) 439 -0574 - 7\e-.5:9 - nd cuLP rno_LO Pit4-0- Street Location of Property \ 2,. 1 4 `5d 5 S+I - -.1 y( i � •�-� Legal Description of Property 1 5525 fl-CJ Owner: • Name LC Address: � � - .: 21 1/4) 5 S+k City: Z'4 NA.4 R,a-c? �C -�cf-.i State: 1' Zip: S Telephone: (Home) (ort - g57- 2/:(Business) (Fax) (other) 4 ( S9 = t Applicant: Name Address: City: Telephone: (Home) (Fax) Type of Request(s) Zoning District Amendment Conditional Use Permit Variance: Single Family Residential Variance: Other Residential/Commercial/Industrial Subdivision Subdivision: Minor Comprehensive Plan Amendment Description of Request(s): S � Owner /Applicant Initials State: zip: (Business) (Other) Home Occupation Site Plan Review PUD: Amendment PUD: Concept Plan PUD: General Plan Street Vacation City Financial Assistance !, P -ee (e4J-7 L • costuss masse 3. ifp fl 4 frtu.th4 : ►c i5 Cc4Jrec441 sc'kw If a request for planning /zoning action on the subject site or any part thereof has been previously approved, please describe it below: Development Application, Page 2 Property Address 11111 ►'h • wner 'i ignature Applicant Signature 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, must 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 are 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 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 assessed against the subject real property if unpaid by October 31 of each year. 1--LS Date: . 1 c5S 1 Date: ( 1 j, '2005 4 : UjNM bAKNA, (JULY, & S I h t -ii (IIU, 1 940 F. 1 RICHARD A MEALL DARRELL A .WON JEFFREY JOHNSON RUSSELL '. CROWDFI JON P. ERTCXSON THOMAS F. IttIALONE MICHAEL f. HURLEY HERMAN L. TALLE CHARLES M SEYKORA DANIEL D. CANTER, JIB. rit E. LY , IDDGE JAMES D. HOEFT JOAN M. Qt JADE JOHN T. BUCHMAN DATE: October 13, 2005 TO: Attention. Julie Hultman COMPANYILOCATTON: City of Oak Park Heights COMPANY' S FAX NO.: 651-439-0574 FROM: Douglas J. Dehn Barra, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northtown Financial Plaza. 200 Coon Rapids Boulevard Minneapolis, Minnesota 55433 vvww.bgslaw.com (763) 780 -8500 FAX (763) 784 -1777 1- 800 -422-3486 Writer's Direct Dine: (763) 783 -5128 Internet E -Mail Address: ddehn @bgs Crw. Co m FAX TRANSMITTAL COVER PAGE MESSAGE: See attached letter of today's date and Exhibit A regarding DDD Condoniinium. TOTAL PAGES XN'CE,1U177N'Cr THIS SHEET: Please notify Marcy Hamberg at (763) 783 -5175 if all pages are not received. Original will not follow by mail The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IT you have received this oomxnunacation in error, please immediately notify us by telephone, and return the original message to us at the above address via the U.S. Postal Service. We will be happy to reimburse you for the postage, Established 1938 An AAIEOE Employer SCOTT M, LEFAK STErvsaN G, THORSON ELIZABETH A. SCHADING 'WILLIAM F. HUEFNER BRADLEY A KLETSCHER DOUGLAS J. DEIN KRISTI R. RILEY WILLIAM D. SIEGxEL TIMOTHY D. ERB KAREN K. KURIII ANGELA M. SAMEC ELIZABETH M STUVA LAURA R, GURNEY SEAN D. WHrI OCK SUSAN E. SLY Retired ROBERT A. GUZY BERNARD E. ST E FIE ■ 1931- 2002 OCT. 13. 2QQ5 4:O4PW RICHARD Ai MER RILL DAallELL A. JENSF,N JEFFREY S. JOHNSON RUSSELL it CROWDER )ON P. ERICSON THOMAS P. I iALONE M CRAB. A HAY HERMAN L. TALL CHARLES M. SE co A DANIEL D. CANTER, JB BEVERLY K. DODGE JAMES D. HOE FT ,SAN I . QUADE JOHN T. I UGHiw[AN SOOIT M LEAK STEVEN G. THQRSAN ELIZABETH A. SCHADINO October 13, 2005 City of Oak Park Heights Attn: Julie Hultman 14168 Oak Park Blvd. N. P.O. :ox 2007 Oak Park Heights, MN 55082-2007 RE: DDD Condominium. 1 Our File No, 56374 -001 Dear Ms. Hultman,: In accordance with our agreement at the meeting of October 12 am forwarding to you Exhibit A from the Dec1aratlon which sets forth the percentages for the allocation of Interest in the common elements and of the common expenses in DDD Condominium, CIC No. 218. Please note that there are seven (7) units, number 101 through 107. All of the units have 12.5% of the interest allocated to it, except unit no. 104, which is 25 %. In g eneral, unit no, 104 is twice as big as all of the other units, Therefore, we request that the special assessments currently levied be spread among the seven units in accordance with these percentages. Of course, if you have txestions regarding this is matter, please contact me. Thank you for your y � time and assistance o Very truly yours, BARNA, GUZY & S TEWEN, LTD. Douglas S. Dehn DJD :rnjh A' chi rent cc: Client BARNA, GUZY, & STEEPEN Barra, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 Northcown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433 -5894 (763) 780 -8500 FAX (763) 7804777 1 -800- 422 -3486 wwrV.bgS1aw.corn Writer's Direct Line: (763) 763 -5128 Internet E-Mail Address: ddehnbgs1. corn atabUsIx,td 193B•An EQF/AA Empiaycr N4, 194Q r P. 2 WILIA M E HUEFNER BRADLEY' A. KI.FT 'C E DOUGLAa J. DE IN KRIST1 R, RITZY WILIIAA D. SIEC EL TIMOTHY D. ERB KAREN K. / MtT I ANOF�.1�I i. SAMEC ELIZABETH M. STWA LAURA R. GURNEY SEAN D. VIHITLOCZ SUSAN E. SHEELY Rccira ROBERT A. OM BERNARD E. STVFEN 1931.2001 VIA FACSIMILE 651-439-0574 City of Oak Park Heights 14168 Oak Park Blvd. N ® Box 2007 * Oak Park Heights, MN 55082 0 Phone (651) 439 -4439 Fax (651) 439 -0574 October 21, 2005 Mr. Douglass J. Dehn BGS 400 Northtown Financial Plaza 200 Coon Rapids Blvd. Minneapolis, MN 55433-5894 RE: DDD Condominium Dear Mr+ Dehn, Thank you for submitting to our attention the documents related to the condominium project. The City has now had an opportunity to review the pertinent facts of the application and make an informed decision on how best to proceed and to facilitate your client's needs. In essence the City does not have an objection to the creation of such condominium units. However, the City's Zoning Code does correctly classify this transaction as a "subdivision" so as to facilitate and provide the City a reasonable review of current conditions to ensure correct application of the City's code. Namely, the outstanding special assessments must be properly allocated to the new addresses; the previously issued Conditional Use Permits must be re-addressed to the properties (legal descriptions and unit numbers must be added} and that the declarations are properly applied throughout the development. With such concerns in mind, the City would be within its rights to place this project through the standard subdivision process, although the City's ability to ultimately object may be limited. Therefore, the City will release your client from the more rigorous subdivision process so long as the following items are complied with: 1) The declarations as recorded/filed with Washington County are the same as have been presented to the City for review (also attached). Any subsequent amendments or alterations to the declarations shall be copied to the City for review. 2) The Owner agrees to provide the City immediate notice should there be any change in allocation of the special assessments now identified as "Exhibit A to the Declaration" as attached. 3) The Owner agrees to pay for all City expenses related to the amendments and re- recording of the approved conditional uses and variances against the new property titles. If these terms are acceptable to your client, please have them sign and date this letter and return to my attention. Once I have this document returned, the City will ' rurally approve the project and a release from the Subdivision process. son City . ministrator if you have any questions. C Mark Vierling, City Attorney Judy Hoist, Finance Director Scott Richards, NAC Jr e affix stamp T'd signature JULIE R. JOHNSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan. 31, 2010