HomeMy WebLinkAbout1994-04-26 CA Ltr to Barry McKee • o
LAW OFFICES OF
ECKBERG, LAMMERS, BRIGGS, WOLFF Sc VIERLING �99�
1835 NORTHWESTERN AVENUE 7.
STILLWATER, MINNESOTA 55082 M
LYLE J. ECKBERG `� (6122) 3
JAMES F. LAMMERS OK' 439.29 23
ROBERT G. BRIGGS
PAUL A. WOLFF
MARK J. VIERLING
GREGORY G. GALLER
KEVIN K. SHOEBERG
THOMAS J. WEIDNER
SUSAN D. OLSON April 26, 1994
MR BARRY W McKEE
ATTORNEY AT LAW
SUITE 220
324 SOUTH MAIN STREET
STILLWATER MN 55082
RE: Oak Park Heights - East Oaks PUD
Dear Mr. McKee:
Enclosed herewith please find the final draft as issued from
our office with regard to the Developer's Agreement. This draft
has been approved by engineering and planning departments and will
be the draft that staff will be recommending to the council at the
May 9, 1994 hearing.
I have received your correspondence of April 13, 1994 and have
had a chance to review same with both planning and engineering
departments. Your recommendations will not be adopted by City
Staff for the following reasons.
1. Your concern with regard to two story buildings, in the
opinion of the planner is misplaced. We are not aware of any
construction that will forestalled with the exception of the lots
identified within the development agreement, where two -story
development is precluded. You, of course, have already discussed
same with Mr. Richards, at the planner's department, and I
understand he has conveyed his concerns and thoughts on this matter
to your client.
2. With your concern on the Estimated costs which have been
provided for as part of the Plan A Improvements, you must
understand that the estimates are provided not for your protection
but for that of the City. In the event that there would be a
default, under the terms and provisions of the Agreement, the City
would have to locate appropriate contractors in which to come in
and complete the work and we could not be in a position of relying
upon the bids which you have indicated that you have received in
. •
MR BARRY W McKEE
Page Two
April 26, 1994
this matter. As the City would be in the position of having to
complete that project, in the event of a default, we are prepared
to proceed on the Plan A Improvements under the engineering
estimates that have been provided and would not recommend to the
City that the lower figures, which also, we understand, have not
been verified, could not be relied upon from the City's perspective
in the event of a default.
Please be advised that this matter will be on the agenda for
May 9, 1994, for purposes of approval by the Council and you and
your clients may certainly be present to advocate your own cause
at that time.
Yours very truly,
3 /
Mark J. Vierling
MJV /smp
Enclosure
cc: Ms. LaVonne Wilson
Mr. Joseph Anderlik
Mr. Scott Richards