HomeMy WebLinkAbout1994-03-14 CA Ltr Forwarding DRAFT Developer's Agreement for Review A i ,
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PAUL , ,,,,)■-, F VIA FACSIMILE TRANSMISSIDN
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tar c.h 14, .1994 1
1
MR JOSEPH ANDEPLIK MR. SCOTT RICHARDS
BONESTROO ROSENE ANDERLIK ET AL NORTHWEST ASSOCIATED CONSULTANTS
2135 W HIGHWAY 36 57 WAYZATA BLVD #555
ST PAUL Mq 5F4113 ST LOUIS PARK MN 554L6
RR ROGER BENSCN MS LAVONMI: WILSON
PUBLIC! TITIL1TIES DEPARTMENT CITY CLERK! OWNISTRATOR
CITY OF OAK PPE HEIGHTS CITY or OAK PARK HEIGHTS
141.6 N 57T1 ST 141€,8 N ''.=.7T.Ii ST
OAK PARE HEIGHTS MN Vi082 OAK PARK HIAGYITS: MN 55S2
mR :JAMS 'iqn .
r:JUILDIR , J - PYTIAL
c!ITV OF OAK PARK HrIGHTS
1416P: N 5/T!1. T
0..4Y Pb.VE HE1G14.Ts RN !"
- r4P1', P,T.J.,D, 1 Oaks Addit'f.f)n
Enclosed herewith and provided to each of you by facsIMile
transmission is the Developer's Agreement which 1 have completed
attempting to incorporate all of the compArits from the various
offies of the City and consultants to date.
Pleaso review same as if affect. our p rticular area of
concern on this development and adv as to hether or not any
further adiu.stments are required s i _7
/
Thank you for your att,;:xlti9 6 to this,datter
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FOR YOUR . ERR
CITY 0:F 0,4, PARK HEiagTS
WASHINGToN COUNTY, MINNESOTA
D7VELOPTIOS AGREEMENT
TOIS AGREOZNT, made and enter into this. . day of
1991.-,. ) and between the city of Oak Park
iTeiiE; a nkt-611orporation, under the 'laws of the State of
Minnesota (the. "City"), and Swager Bros Inc. (the "DeVeloper").•
WITNESSTU; That
WEEREAS the Developer has -made application to the City
Council for approval of a plat and Planned Unit. Development of land .
within the corporate limits of the City described as follows:
ee. Exhibit °A"
_ .
• (th , "P,U,D"); and
WHEREAS, the City Council has on .- ___, granted
preliminary approval to the P.U.D., on ti i cohaition that the
Developer enter into this Agreement stipulating the conditions for
the installation ot streot, water, sewer and other public
ihprovements as well as the development «f on-site improvements
here fl described, all in accordance with the terms and
conditions horeinafter set forth
NOW, THEREFORE, in conideration of the premises and of the
mt:tJal promises and conditions hereinafter contained, it is hereby
agreed as follows
Designation of ivprovements: Improvenents to be installed at
Developer's...expense by the Developer as hereinafter provided are •
hereinafter referred to as "Plan A Improvements". Improvements to
be installed by the City and paid for by Developer are hereinafter
referred to as "Plan. B Improvements".
i, kL_, A IMPROVEMENTS: The Developer will construct at
Developer's expense the following improvements under Plan A
ccording to the following terms and conditions:
A. The Developer shall do all site gradinq including .
building sites, common greenway and open spaces, storm
water storage ponds, surface drainage ways and all
Private driveways including sodding st: boulevards, all
in accordance with the grading', drainage and site plan
as is specifically approved by the City. A grading plan
witt . maximum two (2) foot contours, house pad elevations,
drainagepvisons, erosion cu-ntrolprovisons andcross
n!..e.ry shall be , ,ub'z.itted to anl
rd bv - :, , Cty pri, te Cc:eitent f:: y - i.ite
grading_ y fhIncj t 1:he: ciring pi.im du i,9
c.ontructialA : 1.D sum:Iti to the City for appoval
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and shall not be implemented on •site until written
approVal is issued.
• 11,
The Developer shall control Soil erosion ensUring;
1-: All developet shall conform to the natural
• limitations presented by the topography and Soil of
the •. subdivision in order to create, the bet.
. • potential for preventing soil erosion- The
Developer shall submit an erosion oontrol an
detailing all erosion control rue.a,s,iir.s to be
implemented during construction, said plan shall be
approved by the City prior to the commencement of
- site grading or•constraction
2. rxoslon and siltation. control measures snail be
coordinated with the difIel:ent stages of
• • develpment. Appropriate. control measures as
required by the City ahali be installed prior tO
deelopment when necessary to cotroi i-,.rosion
and shall be developed in inueett5 of workabae
size such that .. adequate erosion .and sdltation
, . controls can be provided. as ',:cnstructionprresses,
The smallest practical are a. of land shall be expoed.
at any one period. of tlqw,.
4. her the topsoil is rem.cved, aufficient. arue 4i:-.oil
hall be -,t agile for ropreadng over the
developed area The tOsoil. bal be restored to
a lepth eq atleast four 4 inches ani . shall bi-t.of
ai quality at least equal to the soil quality prior
to deveacpment
5 All retaining walls rust receive separate written
approval from the offices of the Consulting City
Enoineers before construction begiAis,
C. The Developer shall place iron monuments at all lot and
block corners and at all other angle points on boundary •.. . •
lines, Iron monuments shall be placed after all street
and. lawn grading has been completed in order to preserve
the 1 “71t. .Tarkrp for :future propexty owners
D, The Developer shall be responible for maintaining the.
location of and protecting curb stops, water services
and. :ewer services Any servoe. or ceir k p damaged
shall be repired or'revlaced. as specified ty the City,
Tbs. Developer shall t&'e ll necessary adjustents to
1 he , ' - urh stops tn. bring them fl'osh with the topsoil
(af:!ter c..:.fralTAq.) f...r dr)v,.,,7 suotae,
• 0 . : - '.A ,1:..''. (
P.. The Developer shall be required to Provide landscaping
and screeningas determined by the City and as eguired
by the •ordinanres of the City. ra,all instances bne
bouleVard. tree. Should be planted per dwe:iling unit. In
• no instance • shall. the Developer plant more than 5.0
•
percent of the same-type of tree. A detailed. landscape
plan shall be submitted to and approved by the City Prior
fip tommencement of final grading and landscaping
construction
Developer stall, instaYI ali street hame signs at 411
• intersections and provide other traffic . control sighs
within the subdivision. determines to be necessarN by the
City, Temporary street name signs shall be installed by
the Developer prior to issuance or the first building
permit, The temporary sign shall be constructed of
durable materials to be apprmyed by the at4ilding
Official-
C'...
The Developer shall remove all dead and diseased tree
bef ore. building permits wi0 be issued. • .
14, The DPWATOper shall be responsible for street
maintenance, ihnJuding curbs, boulevards, sod ard street
sweeping until the project is complete and streets
formerly accepted by the City COVITKM All streets shall
be maintained, free of debri s. and soil until the
subdivision is completed, warning signs shall. be placed
•• wben hazards develop in streets to prevent the public .
from traveling on same and directing attention to
detours If and when the street. becomes impassible, suli
streets shall be barrieaded and closed. In the event
residences are occupied prior to completing streets, the
Developer shall maintain a smooth driving surface and
adequate drainage on all temporary streets. The
Developer shall be responsible for the removal of snow
and lee from all gravel streets. The repair of any
damage done to the streets or public utilities shall be
the financial responsibility of the Developer.
• • . - 1. The Developer shall furnish street lights in accordance
with the City's residential street lighting pan
J, Retaining Walls, No retaining wall snail be constructed
by the Developer or its agents or employees within East
Oaks P.U.D, unless or until the engineering design has
been approved by the offices of the City Engineer and
security in the manner comparable to all plan aid
6eVeldpmenA improvements is provided pursUant to terms
and provisioh hereof,
•
Y. There shall be no construction or two story buildings
within this developement with the exception of lots 9,
10, 11 and 12. All height requirements existing within
the ordinances of the City of Oak Park Heights, shall be
maintained by the developer,
L. Signage. There shall be no signage placed on site unless
the same ha n been submitted to and approved by the office
of the building inspector with the consent and approval
ot the city planner,
Landscaping Plan. Landscaping plan shall annexed hereto
as Exhibit- M, And shall be subject to the final approval
of the city Forester with the consent of the City
Planner,
Gikr
1
Residential street lighting shall be owned,
installed, operated and maintained by the electric
utility company (NSP).: City and utility company
shall enter into a contractual agreement on the rate
and maintenance of the street lighting system.
2. It shall be the responsibility of the Developer to
a„ Peimburse the City for the first two (2) year
of operating cost at the street lighting s...ystem.
b. Pay the electric utility company any cost
incurred in the installation of the street lighting
units not covered in the electric utility company
rate for this service. This payment shall be
required to be guaranteed as part of the Plan A
security;
C , The two year payment schedule (policy) shall
be put into effect upon installation of each
lighting unit.
d. Al A thee costs shall be 9uarantc by part of
the Plan A security.
The Developer shall, in all new subdivIsjon, dedicate
reasonable portion of each propo5ed subdivision as the
City Council reasChably deterrines tc= the publiC tor
public': uses as parS, playground pub in open space,
trail, or other (::onditions as requrirecl by the City. in
of l:10,1 iedicatH eVeloper paki the park
ded t on DroscI. an,_:e-
.ind for
Pursuant to the provisions hereof as and for park
dedicmtion ,tres, the DevelOper hall pdy to the City Of
Oal Park Heights tl sum of $ 10400.00 upon the
ex!scution of this Agreement—
_ The Developer shall dedicate and tarvey all storm water
holding pond:;. as required by the City. The Developer
shall be respongible for storm sewer cleaning and holding
pond dredgi,oq, as required by the City prior to
comWetion c't the dvei.opmeht.,
1). The Developer shall. he required to depict possible future
hu nt! routes and 52.urrornding land uses including parks and
all scheduled improvements on ail display materials and
brochures given to p-ttospecti.ve buyers,
TA, The Developer shall be responsible tor securing all
necessary apprc and permits from all dopropriate
federal, :::kate, regional and local )ursdictions prior
to bbe commencement of site arading or construction and
prior to the C.i.ty awardinl constoction contracts for
utilities.
J\E Conection Charges, 41.1 connection , -::tlarges and foes shall
he paiA by Dev on a per lot b at the tin that
pmits are nbtained or cmch dwelling or
nrincipal structure to he ,-!0nstruoted, The city Engineer
coppute the connection tee o5 prescribed by
ordinary::eiresolution as to this dif.v.elopment and advise
the e:!:ity Cierk as to the appropriate fee to he collected.
As it
affects D,n,feiopment of Rest Oaks P.U.D., the
enqineer has calculated the total 5anitary, water works
and storm sower connection charges to be in the amount
of 2,1,00 per 1(!
QEse4TPT.Tow_oP_I?Wili_A_IARAmgmgRIT BAs OAKS P.U.D.
ESTIMATED COST
Boulccfard swale sod 4; 4560,00
cul- trees $ '),600.00
treet sIgns
liohts
protection and repair $ 4, 81)0 .
reet precticiu •-3.d epale $ 4,67(,/.00
, -
•
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Erosion (ontcol Facilities
Sanitry $
fl,7560.00
lt.c:rm 2e;30,0
prparatiun ,
11, Curl: a,nd gAtr $ 6,370.00
ffl 00
TOTAL ESTIMATED CONSTRUCTION 4
Or PbAN A IMPROVEMENTS: $ 177,020
ESTIMATED ENGINEERING, LEGAL ANfl
kDMINISTRATIVE (2
TOTPa IMATED CONSTRUCTION
nr 1„,,P,N A IMPROVEMNTS: $ s21,25,J0
,-;1 PFQ;JIRMI:NT
PLAN A ,S47.1-e, $ 5J 00
(NINEXTRUCTION OF PLAN A IMPROVEMENTO
A. rqual Thc construction, installatiQni matria,Ls
and equipment shall be in accordan(!e with the plans and
sPecifications approved by 17,nc.-, City.
E. Inr-,;;LOc7t11Pn AU of the ANOrk snail be under and subject
to the inspection and approval c.,4 the City and, wh're
],pr iate, any other gove,rnmf,,ntal agency having
C. Beisl The Developer sb.a.1l dedicate to the Ctt,
prior to approval ot the final plat, at no Cost to the
City, 411 permanonr or temporary easementsnecesesary for
the nstrue and lostallation of the Plan A and Plan
ImproveTtlents a determined by th City. All sth.11
iI4ouite‘.7 by the CIty shail bo in wfitin4, and
in rec. for, ontaining sucn teVflII ari cordi.tions
t City 1 deternine, ror tri street
er th14 devgilopiaent. shall r*., ( to the City
b> the rr,or t tc, the city, the
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sereet shall be maintained by tne developer or its
reesignee.
D. erfpr,Eanc.,e_ok_const.r.uctiLtd: The
Developer will fully and faithfully comply with all terms
and conditions of any and all contracts entered into by
the Developer for the installation and construction of
all Plan A improvements and hereby guarantees the
wceemenehip and materials for a period of one year
following the City'e final acceptanee. of the Plan A
improvements. Concurrently with the execution hereof by
the Developer, the Developer will furnish to, and at all
tie s hereinafter maintain with the it a cash deposit,
certified check, or an Irrevocable Letter of Credit,
based on one hundred and twenty-five percent (125%) of
the total estimated cost of Plan A Improvement5 as
indicated in Section 2, An Irrevocable Letter of Credit
shall be for the exclusive use and benefit of the City
of Oak Park Heights and shall state thereon that the same
is issued to guarantee and assure performance by the
Developer of all the term nd conditions of this
Development Agreement and construction of all required
improvements in accordance weth the ordinances and
specifications of the City., The City reserves the right
to draw, in whole or in paet, on any portion of the
Irrevecable Letter of Credit for the purpose of
gueranteeing the ter me and conditions of tl Agreement.
The irrevoeable Letter cf Credit shall be renewed or
replaced by not later than twenty (20) days prior to its
expiratee with a like letter or bond.
e• -eedectien of f',ecroweguerelitee, The Develop may request
reduction of the Letter of Credit or cash depesit based
on prepayment or the value of the completed improvements
at the time of the requested reduction. The amount of
reduction will be determined by the City and such
recommendation will be submitted to the City Council for
act ion. Following any payment for a Plan A improvement
which is within the Engineer estimate, the City may
consider and allow a reduction of the Letter of Credit
at the rate of $1,;e5 for every dollar that has been paid
out of the oscrow/Letter of Credit provided that the
proj*ct t on schedule, the Developer is not in default
under the terms of the Development Agreement and/or no
extraerdinary expenses beyond the engineerieey estimate
have been incurred during the ceuree et the projeet.
Developer ball he eolely reeponseble tor the repair
upkeep and maintenance of ell Plan A Imrevements. The
r:eveleper tale oenership of ell plae
irpeevemeete and nor; e ahei 'eeeeme the piepeety or the
reeeeeeielit of CIt ,, eee'rs , The Clte
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shall•have no duty or obligationto maintain, repair 'or
•
replace .my• improvements, • streets or water systems,
• • sawitary sever systems or drainage systems within The
DevelopMent of East Oaks P.D.D.
The City of Oak Park Heights shall have full right of
acce:ss to the area encompassed within East Oaks P.U.D.
for police, fire protection, services, city public works
department and building inspection department Further
the contract refuse and recycling haulers Serving the
City of Oak. Park •Heights snail aisu have full right of
access to the area encompassed vithin the Deve1opment.
4 qtAAAAL:
A- Dinding_afect.' The terms an provisions hereof shall
• be binding upon and inure to the benefit of the heirs,
representatives, successors and assigns of the parties
hereto and shall be binding upon all future owners of
all or any part of the Subdivision and shall be deemed
covenants running with the land. References herein to . .
Developer, if there be more than one, shall mean each
and all of them, • The Agreement, at the option of the
city, shall be placed. on record so as to givu notice
hereof to subsequent purchasers and encumbrances of all
or any part of the Subdivision and .. ail recording fees,
if any, shall be paid by the Developer,
Fi Ej-riatl„,P14it_ApLTpyAj. The. City . agrees to give rinal
approval to the plat of the. Subdivision upon execution
and delivery of this Agreement and of aAl required
documents and seOurity.
C, 4P,74.(PX.n9riAti,411_,„„,04. RelqrePce.. All plans, special
provisions, proposals, specifications - and contracts for
the improvements furnished and let. pursuant to this
Agreement shall be and hereby are made a part of this
Agreement by reference as fully as if set. out herein in
full
0, The City of Oak. Park Heights shall file the Developer's
Agreement of record in the office of the County Recorder.
Providing that the Developer is not in defaul t. under the • .
terms of the •Development Agreement, the City shall
provide appropriate•re4eases to the sure
documentationto in,d4.i buyers ot• lots,
. . . .
As to any and41 .iidmnJ,.Strative, legal or engineering
cost htoh theDeveioper LF1 expected to . pay to the City
of oak. Park Heights, whih oosts are to t)e c,ffset against
th4 ,-. ecr„cciw4 or Letter of Credit whicth the t.)veloper
:.i-i- '-' 1•rt:)ed t(.: it of Oak 7.;=•arl Aeights,
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. -.:. • H.- 1. F 1. H !PM 4 'F'5::::,45 .(__,.. HO, 8F.i:-=' P01.1 . .
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the Develobershall be given the opportunity to review
and comment on such costs prior to the application by the
city of Oak Park Heights to the esorow. for the payment
of same. Notwithstanding the above, the City of Oak Park.
Heights shall be the - authority in determining the
fairness and reasonableness of all such ct incurred;
and the decision by the City Council for the City of Oak •
Park. Heights on any such dispute Shall be 'final and
binding,
iihni _The City
Engineer shall establishconstructiOn schedules for Plan
A and Flan B improvements and shall Con with
Developer prior to establishing same.
. MprIer. • The provision s of this Development Agreement
although. related to are Separate and distinct from those
provided within the Development. Agreement_ of River Hills
formerly Cleveland Terrace) already - entered into between
the City of Oak Park Heights and the Developer This
Agreement does not merge or otherwise extinguish the
Developer's - obligations to the City of Oak Park Heights
provided for within that Development Agreement_
The Developer Shall provide to the offiC:e o the City'
;ttorney:3 for the City ut Oak Parkicghts on or before
the date of execution of this Development Agreement
evidence of ownership of the roai proprty to be platted
. .n* East Oaks P.U,P, by way of title opinion from a
Acensed attorney or title_ binder from a reputable and
licensed title company Such evidence - ,:hall display and
identify all persons owning . any interest in and to the
• prOperty to be platted. as East Oaks. P.U.D. together with
all lien holders or other encumbering interests. All
such interests shall he displayed and shall be required
to eYeeute consents to this Development Agreement in the
manner and form prescribed by the office of the City
At
. , That, the Developer shall secure at its own •oost
permission from the Minnesota Department of
Transportation an entrance or access .permit so as to
allow private/public drive depicted as Outlot C on the
Develop .- .ate. P.U.D. Plan for East Oaks dated September
21 1993, to be lawfully connecte to 60th Street North
which serves as the Frontage Road to State Trunk Highway
V.: and is a p4rt of the Trunk Highway system. The
btaini,n.q of an unconditional and approved entrance/
ae:.!cf7sE pernit from t11 Mihhesta i)epart'meht of
Tr.=.3.nportation :. aff(=.wt th T.'1‹:.s' drive depicted
At,hi this ;.1op.Tiellt aT.1 its connecton to the
ront;r4v ko.id systm i.g a isite to f'inal plan.
■111•111111111111■•■■■•11•111111■1■11■INI■=1■1111111
( HO 17 PWC,72
. . .
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7, That the Developer shall provide and convey to the City
of Oak Park Heights without cost a redescribed easement
for water, sewer and storm sewer utilities .over and
across existing locations of sanitary sewer, water main
and storm. sewer on easement forms provided by the Office
cA.. the. City Attorney,
Y:, . The Developer shall provide and have approved by the City
prior to final platting a detaAl plan for snow removal,
1 . 1 ch Plan for snow removal shall be incorporated. by
reference into the Homeowners Association Declaration of
Qovenants,
L, Should any signage be desired by the Developer or the
Homeowners Association affecting this development must
be submitted by detail sign plan to the City Of Oak Park
Heights and appfoved prior to being implemented on the
M. That as is specifically granted and identified
within this document or other specific actions at the
City of oak Park Height, no variances from the Ordinance
requirements of the City of Oak Park Heights have been
granted affecting this subdivisio:a and planned i..mt
development ,
N. All plans, spec provisions, proposais, specifications,
and contracts. for the improvements furnished and let
nuruant to this Agreement shall he and hereby are made.
. a part of this Agreement by reference as fully as if set.
out herein in full- The following specifications,
contracts, drawings and reports shall be annexed hereto
as Exhibits and incorporated herein by reference as if • • ,
fully set forth herein
Exhibit "B" Development and stage PUD Plan for
East Oaks prepared. by Steven's
Engineering,' Inc,,. datod September
9, 1991,. a,:f. fi'ilended on September 21,
1993 ,
Exhibit "C" Northwest Associates Consultants
Plannirict Report-- Fte.
.1993
rxhibit "C-' • October 25, 193, lotter from
Ponetroo, P.osene:-, AnderilI &
hibit. 9 Sent.e.:r 27, 1993, .ili4t. directed
to i5'r, 11:a7Tv R, M.c,1Ke by e;.:1.
ViF,riin9,
...
. .
7 • LJ:11:! F.Tv, 4 59598 77 roF
ExhibIt "F Declaration of ccvenants,
Restrictions and Eastments for East
Oaks Homeowners Association.
Exhibit "G" ByLaws of East Oaks Homeowner.s
Asociation.
Exhibit "H" December 1%, 1993, letter Bonestro,
Rosene, Ander:1k & Associates.
Exhibit "T Letter from Minnesota Departnent of
Transprtation dated December ,
1991 to the Cjty of Oak Park Heights.
Exhibit "J" March 9, 1994 letter from Northwest
Associated Consultants, Inc. to Jim
DeBenedet
Exhibit "K" January 7, 1994 letter from
Ronestroo, Rosene, Anderlik &
Asnociates
Exhibit "L" Final P.U.D. East Oaks
Exhibit tim" Landscaping Pin
IN WITNESS WHEREOF, the City and Developer have caused
this Agreement to be duly executed on the day and year first
above wrIttli
The instrument was drafted by the City Attorney.
err or OA X PARE HEIGHTS
In the presence of
T t _
•
DEVELOPER
3'4
;-dd Er-7
STATF MiNNES )
COUETY Or WASHINTON)
Oh tflis day of . befre
me, a Notary Pubiic within and for said County personally appearecl
and , to
by'r4dui7 sw6tr : Cttley are
respectively the an'" the
of the City of Oak Park. HeIghts, the r urIp a 1 Corporati on namea
in the foregoing inEitrument; and th.it the seal afflxed to saio
instrument is the corporate seal of said ,,iorporation, and that said
instrument was signed and on behalf of said
,...orport_ton by authority ot Ci_ty Cduncil and said
and saLd
te=ltr to be t.,he tree ac,t and deeo or t.;611-.1 municipal
Notary Poblic
t,Notar:5.ai
STTP"., OF MINNESOTA
cOUNTY WAsiNGTON;
On this day of beOre
NC,ItrY PUb11C within - .and for st-Td county personally appeared
and , to me
y his-111cl 'a t they are
respectively the
Swac.),r inc., the rorpQrt:,r, h:Imed in the foregolng
instrument: and that the seal affixed to rs,aid instrunent is the
c'orportr seal of ovt.3tion, and tftat sid Instrumer?,t was
, y
iwNs■i■N1N■/M111lI■I1
:,,Icknowiedcle said intralxient to e the
deed OL2a Id corporatIon.
Notaxy Pu011c
THTS INSTPUAENT WAS OAFTED BY:
mARY j, VitnLIN
ECKBER( LAMMERS, BRTGC=S,
WOLFF VJEALiNG
NORTHWESTERN AVi.'NUL
".3TIIIMATER MN
Y 439 •
•
•
, - -- k,- —
FC:kBEC ' Aid F I R M 4 9. 77 ( NO . 852 P00
*-- -
‘ •
LAW OF 1 Or
ECKSERG, LAMmERS, BR;GGS, WOLFF et VIERLJNG V
ittss NoRmwt.E.TERN AVENUE , 1
sint.i,,WATrP MiNNe'SOTA ...05082
;_v".f" .' CCA<EICPC: (61a) 43Z-2876
uAmES r . I.,Ammer-,.$ FAX <ea)
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PAUL ).,- WOL-P F
MAP( „i '.1t.tINICi
*REG 0 F:t Y r; :1,fial_.LE:i4 ,
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THOKNS J, WEIDNER
USA N D
DATE:
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