HomeMy WebLinkAbout2001-10-12 Fully Executed Amended Developer's AgreementAMENDED DEVELOPER'S AGREEMENT
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Eekberg Law Firm
Attn: Mark J. Vierling
1835 Northwestern Avenue
Stillwater, MN 55082
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AMENDED DEVELOPER'S AGREEMENT
THIS AGREEMENT, made and entered into this Y a of
OlU t Y., 200 1, by and between the City of oak Park Heights, a municipal corporation under the
laws of the State of Minnesota (the "City"), and DDD, LLC, a Minnesota Limited Liabili
Company (the "Developers ").
tY
wITNESSETH- That:
WHEREAS, the Developer has made application to the City Council for approval
of a Planned Unit Development and Conditional Use Permit affecting land within the corporate
limits of the City described as follows:
Lot 2, Block 1, Kern Center 2nd Addition
(the "Subdivision "); and,
WHEREAS, the City Council has on April 24, 200 1, granted approval of the
PUDICUP permits on the condition that the Developer enter into this Agreement stipulating the
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conditions for the installation of street, water, sewer and other public improvements as well as the
development of on -site improvements hereinafter described, all in accordance with the terms and
conditions hereinafter set forth.
WHEREAS, the Developer has requested amendment to the permits so granted b
• • Y
the city and the city has allowed amendment subject to certain conditions.
Now, THE REFORE in consideration of the premises and of the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
The terms and conditions specified in the original Development Agreement of
June 2001 shall be and are hereby incorporated by reference herein with the following changes: es: g
1. DESCRIPTION OF PLAN A IMPROVEMENTS: ESTIMATED COST
1.
Boulevard and swale sod
$ 6
2.
Boulevard trees
$ 15,000.00
3.
Street signs
$ n/a
4.
Street lights
$ nla
5.
Grading
$10
6.
Erosion Control
$ 2,15 0.00
7.
Pond Protection & Restoration
$ 2,500.00
8.
Utility Protection & Repair
$ L500.00
9.
Street Protection & Repair
$ 7,400.00
10.
Drainage Pond/Outlet Construction
$10,300.00
11.
Trash Enclosure
$ 500.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
$ 55,600.00
ESTIMATED ENGINEERING, LEGAL AND
ADMINISTRATIVE (20 %):
$ I I J 20.00
TOTAL ESTIMATED CONSTRUCTION COST
OF PLAN A IMPROVEMENTS:
$ 66
SECURITY REQUIREMENT (25 %)
$ 16
TOTAL PLAN A LET'T'ER. OF CREDIT/
CONSTRUCTION ESCROW
$ 53,400.0051
2. The terms and provisions of the Amended Conditional Use Permit and Planned Unit
Development for DDD. LLC are attached hereto as Exhibit I nd arc., in )mornted
b reference herein.
M
IN WITNESS WHEREOF, the Cit and Developer have caused this A to
be dul executed on the date and y ear first above Vffitten.
CI
Loan
Kim Kamper, Actin Cit Administrator
DDD LLC.
And
By: E' ,,�. �-
Its: (- E S /ter
STATE OF MINNESOTA
) ss.
COUNTY OF WASHINGTON
On this da of — Cb, (6957?,2A0 1, before me a Not Public, within
and for said Count personall appeared David Beaudet and Kim Kam per, to me personall known,
bein each b me dul sworn did sa that the are respectivel the Ma and the Administrator of
the Cit of Oak Park Hei the municipal corporation named in the fore
instrument; and that the seal affixed to said instrument is the corporate seal of said corporation, and
that said instrument was si and sealed on behalf of said municipal corporation b authorit of
its Cit Council and said Ma and Administrator acknowled said instrument to be the free act
and deed of said municipal corporation.
Nqlar Public
JULIE A. HULTMAN
N OW PUBBO-MINNESOTA
STATE OF my c ommission Expires.. 31, 2005
)ss.
COUNTY OF \M1,NLt4y�
On this P*2-da of 2001 before me a Not Publ
within and for said Count and State, personall appeared SW& t ML—Wz �nd
b to me personall known, who, bein each b me dul sworn did
sa that the are respectivel the ,e rN44 and the I Aev7o"f DDD,
LLC, a Minnesota Limited Liabilit Compan named in the fore *instrument, and that said
instrument was si on behalf of DDD, LLC b authorit of its Board of Directors and said
\�l C,,e---- 012eS I O&V/_ and _ !3 L ;P & r ____ I — acknowled said instrument to be the
free act and deed of said limited liabilit compan
dot aA
Public
JULIE A. HULTMAN
NOTARY PUBHO-MINNESOTA
My Commission Expires Jan. 31 2005
,
THIS INSTRUMENT WAS DRAFTED BY:
Mark J. Vierling
Eckberg, Lammers, Briggs, Wolff
& Vierling, P.L.L.P.
1835 Northwestern Avenue
Stillwater, MN 55082
(651) 439 -2878
Exhibit 1
Amended Conditional Use Permit and
Planned Urn't Development