HomeMy WebLinkAbout2002-08-22 OPH Ltr to CA Forwarding Document for RecordingCITY 1-4 1
*AK PARK HEIGHT.Q.,1-
14158 oak Park Boulevard No. 0 P.O. Box 2007 0 Oak Park Heights, MN 55082 -2007 $ Phone: 651/439 -4439 ■ Fax: 651/439 -0574
August 22, 2002
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff & Vierling
Attorney's at Law
1835 Northwestern Ave.
Stillwater, MN 55082
Re: DDD, LLC - Development Agreement - Memorandum of Understanding
Dear Mr. Vierling:
Enclosed herewith for filing with the Washington County ecorder's Office
ty please find the fully
executed Memorandum of Understanding Extending Security and Amending
lan A
Improvements Under the Terns and Provision g
Provisions of the Development Agreement Executed by and
Between DDD, LLC and tll,e City of yak Park -Iei Heights Dated October l2 ?
g 00 l along with
Notice of Certification as signed by Acting Administrator Kam P er.
Sincerely,
Ju ie A. Hultman
Community Development
JAH:
Enclosure
Tree City U.S.A.
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being duly qualified and acting as City dministrator for the City of
y y
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Memorandum of Understanding
Extending Security and
Amending Plan A Improvements
Under the Terms and Provisions of
The Development Agreement Executed By
And Between DDD, LLC and The City of Oak Park heights
Dated October 12, 2001
with the original thereof on file at the offices of the City f Oak Park Heights, and
y g that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park Heights, this 22nd day of
g a y
August, 2002.
Kimberl Kam
per
er p
Acting City Administrator
(Seal)
MEMORANDUM OF UNDERSTANDING
EXTENDING SECURITY AND
AMENDING PLAN A IMPROVEMENTS
UNDER THE TERMS AND PROVISIONS OF
THE DEVELOPMENT AGREEMENT EXECUTED BY
AND BETWEEN DDD,LLC AND THE CITY OF OAK PARS.. HEIGHTS
DATED OCTOBER 12, 2001
WHEREAS, DDD, LLC, a Minnesota limited liability company (the "Developer ") has
executed an Amended Developer's Agreement with the City of oak Park Heights, dated October
12,2001-and
WHEREAS, the original Development Agreement was executed by and between the
Developer and the City of Oak Park Heights and incorporated by reference into the Planned Unit
Development Permit and Conditional Use Permit for DDD, LLC issued by the City of oak Park
Heights In May, 2001; and
WHEREAS, pursuant to such Development Agreement and Amendment thereto,
DDD,LLC has provided security and commitment for what are described as Plan A
Improvements to be implemented upon its property; and
WHEREAS, the Developer is now seeking implementation of Phase 2 of the
development and there has been estimated costs of trees, shrubbery and landscaping in the
amount of $6,099.00; and
WHEREAS, the Developer consents that the security otherwise posted and provided to
the City as contained within the original Development Agreement and Amendment thereto, dated
October 12, 2001, should be extended to provide security for the installation of the new
improvements consisting of the vegetation, trees, plants and shrubs to be implemented as part of
the Phase 2 project; and
WHEREAS, the Cit of Oak Park Hei is a and consents to said extension
and provision of securit
NOW THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES
HERETO:
1. That the ori Development A and Amendment thereto are herewith
further modified and amended to add into the description of Plan A Improvements the followin
trees, shrubs and site landscapin in the amount of $6,099.00.
2. That the Developer herewith further consents and a that the securit
provided to the Cit of Oak Park Hei within the Letter of Credit securin the total Plan A
Improvements be and hereb extended and applied to the Phase 2 landscapin and plantin
re noted above and the Cit is authorized and allowed to appl all g uarantee and
securit provisions now provided within the ori Development A and first
Amendment thereto to the additional landscapin trees and shrubs and their installation in the
amount of $6,099.00.
IN WITNESS WHEREOF, the parties have hereto executea-thi-s- reement on this
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