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HomeMy WebLinkAbout2004-10-18 CA Ltr to Bob Turrentine 9 LAW OFFICES OF Eckberg, Lammers, Briggs, Wolff & Vierling, P.L.L.P. 1835 Northwestern Avenue James F. 1 ammers Stillwater, Minnesota 55082 Lyle J. Eckberg Robert G. Briggs * (1916-2003) Mark J. Vierling •¢ (651) 439 -2878 Thomas J. Weidner Paul A. Wolff Susan D. Olson + FAX (651) 439 -2923 (1944 -1996) David K. Snyder Writer's direct dial number. Sean P. Stokes •Qualified Neutral Arbitrator Baiers G Heeren (651) 351 -2118 *Certified Real Estate Specialist Laura L. Domagala +Qualified Neutral Mediator Joshua D. Christensen October 18, 2004 Mr. Bob Turrentine © O frDY 720 South Owens Street Stillwater, Minnesota 55082 Re: City of Oak Park Heights/River City Rentals, LLP Dear Bob: Thank you for dropping off the materials at my office on Friday the 15th. In reviewing your memo, as well as the Master Ceclaration, I would have the following comments and/or suggestions for you: 1. Title Issues — Fox Hollow East, LLC. If the title to the property is going to be transferred from River Valley Rentals, LLP to Fox Hollow East, LLC, the City will need a copy of the verification and transfer of title and/or an ownership lien and encumbrance report relative to the status of title at the time of execution of the Development Contract. The City's normal process is also then to require that both entities would be signatories on the Development Contract with the City, both thus being liable the performance obligations thereunder. If that is a problem or you want to sever that responsibility, there would have to be an assignment of the application and the rights thereunder approved by the City from the River Valley Rental, LLP to Fox Hollow East, LLC, as well as verification of the organization of the LLC from the Secretary of State's office and some detail relative to the capitalization of that entity. Relative to the Master Declaration draft that you provided to my office, my comments to you are as follows: 1. Development Agreement. I see in Paragraph 1.06 on Page 2 you have defined or at least identified the Development Agreement, but I have not determined the particular paragraph within the draft Master Declaration that purports to bind the signatories of the draft Master Declaration to the performance obligations of the terms and provisions of the Development Contract with the City. The City would be interested in having either /and/or the Master Developer as well as the entity Fox Hollow East Master Association commit to the performance obligations of the Development Contract with the City, particularly those that will i Mr. Bob Turrentine October 18, 2004 Page 2 survive the construction of the improvements identified within the Plan A and Plan B Improvement sections of the Development Contract. 2. Paragraph 1.11. I would suggest the last sentence be modified to read as follows: "For purposes of real estate taxes and future development, the master common elements shall be combined into one tax parcel. 3. Paragraph 1.12. I would suggest this be modified to read as follows: "'Master common expenses' means all expenditures made and liabilities incurred by or on behalf of the Master Association and incident to its operation, including without limitation any real estate taxes, storm water drainage and utility easement maintenance as provided on Outlot A, . . ." 4. Paragraph 2.02. Since this document will be executed and recorded presumably after the platting has occurred, I would suggest that the appropriate legal description would be all lots and blocks and outlots within Fox Hollow PUD as the appropriate legal description as opposed to referencing Outlot A of East Oaks PUD. 5. There is a blank at the end of the paragraph affecting Item 2.06. Perhaps you could advise me as to what you intended to place in that location. 6. I would suggest that Paragraph 4.04 be added dealing with the continuing obligation to meet the requirements of the Development Contract executed between the organizational entities and the City of Oak Park Heights. 7. Paragraph 5.01. I would suggest that the sentence which now reads "However, the owner's unit is subject to the Master Association's lien as contemplated in the CIC Act" may be better served by providing some greater detail as opposed to merely the reference to the CIC Act. 8. Under Topic 6, Architectural Control, I would suggest an inclusion of a Paragraph 6.04 referencing Outlot.A, indicating that no improvements or structural changes shall be made to Outlot A, specifically as it affects storm water drainage and/or retention of treatment without the express written approval and consent of the City of Oak Park Heights. Mr. Bob Turrentine October 18, 2004 Page 3 9. Under Paragraph 7.01, I would suggest an addition to a Subparagraph (i) indicating that relative to site improvements, there shall be no improvements that alter any of the storm drainage patterns on the property as have already been approved by the City of Oak Park Heights without the express written consent and approval of the City Engineer. 10. Relative to Paragraph 8.01, I suggest that language be added to indicate that although the Master Developer is granting the City a perpetual easement for the sidewalk purposes, that the sidewalk itself relative to its maintenance shall be maintained and cared for by the Fox Hollow East Master Association and/or the Master Developer. The same notation should also be made under Paragraph 8.04. 11. Under Paragraph 12.04, a sentence should be added indicating that no amendment to the covenants or restrictions of the Master Declaration shall be allowed to the extent they conflict with the Development Contract executed between the Developer and the City of Oak Park Heights or to the extent that they impair or otherwise affect any easement granted to the City of Oak Park Heights. I will forward a copy of the Master Declaration, as well as the drawing over to the City Administrator's office for staff review. Their comments will co u e by way of separate communication. Yo : very . , ark J. Vierling MJV /sdb